We’re back for another edition of Trademarks Published for Opposition. As always, a few important background tidbits/definitions:

  1. Applications
    • TEAS Plus – $225 per class of goods and/or services
    • TEAS Reduced Fee (RF) – $275 per class of goods and/or services
  2. Published for Opposition (Trademark Official Gazette)
    • 30-day period where a third party may oppose the mark because, among other reasons, it causes consumer confusion. If a third party does oppose it, then the case will be heard in front of the Trademark Trial and Appeal Board (TTAB).
  3. Section 1(a) Filing Basis, Use in Commerce (§1(a))
    • Prior to filing the application, the owner of the mark began using it in association with the designated class(es) on the application; Classes 1 through 34 make up products or goods, and Classes 35 through 45 make up services.
    • Here, upon filing, the original application must include a specimen, which “is a sample of how you actually use your mark with the goods and/or services identified in your application.”
  4. Section 1(b) Filing Basis, Intent to Use (§1(b))
    • The owner of the mark has not used the mark whatsoever in association with the designated class(es), but he or she plans to use it in the future. Contrary to §1(a), a specimen is not required.
  5. What’s next?
    • §1(a) — If a third party does not oppose the mark, the United States Patent and Trademark Office (USPTO) will register the mark approximately three months after publication.
    • §1(b) — If a third party does not oppose the mark, the owner of the mark will receive a Notice of Allowance (NOA) approximately two months after the 30-day oppositional period.
      • In response to the NOA, the owner must either file a Statement of Use (SOU), which must include a specimen, or request an Extension of Time to File SOU, both of which must be filed within six months after receiving the NOA.
      • Subsequently, the USPTO will review the SOU and, assuming the USPTO approves it, will then register the mark approximately two months later.

 

Basketball

SWAMP DRAGONS

 

 

kb20 a

kobe 2

  • Owner: Kobe, Inc. (@kobebryant)
    • Filed §1(b) for both marks on November 20, 2015
  • IC 006: Metal goods (i.e. Metal key chains)
  • IC 009: Electrical and Scientific apparatus (i.e. Audio and video recordings featuring sports events and commentary, animation, biographies, comedy, documentaries, dramatic performances, musicals, and stories and performance in the fields of mystery, romance, action adventures, crime, fantasy, history, horror and science fiction)
  • IC 016: Printed matter and Paper goods (i.e. Books in the field of sports, action adventure, animation, biographies, comedy, crime, documentaries, drama, fantasy, history, horror, musicals, mystery, romance and science fiction; Comic books; Posters)
  • IC 018: Leather goods (i.e. Backpacks; Book bags; Duffel bags; Sport bags; Travel bags)
  • IC 020: Articles not otherwise classified (i.e. Plastic key chains)
  • IC 021: Housewares and glass (i.e. Drinking bottles for sports; Drinking glasses)
  • IC 022: Cordage and fibers (i.e. Lanyards for holding keys and badges)
  • IC 024:  Fabrics (i.e. Beach towels; Bed blankets; Blanket throws; Towels)
  • IC 025: Clothing
  • IC 028: Toys and Sporting goods
  • IC 041: Educational and Entertainment services (A continuing audio and video program about sports, action adventure, animation, biographies, comedy, crime, documentaries, dramatic performances, fantasy stories, history, horror stories, musicals, mysteries, romance and science fiction available by way of satellite, television, cable television, internet, web-based applications, mobile phone applications, computer networks, wireless networks and radio)
  • Notes: Kobe’s company is headquartered in Wayne, Pennsylvania.

 

naismith 2

 

grand rapids 1

 

COMPETITIVE EDGE BASKETBALL TRAINING

  • Owner: Joshua Harter
    • Filed §1(a) on March 17, 2016
  • IC 041: Athletic training services primarily focused on basketball skills development
  • Notes: First Use in Commerce was March 11, 2016. … Harter lives in Avon, New York.

Soccer

SEATTLE SOUNDERS FC

sounders 1

sounders 2

  • Owner: Major League Soccer (@MLS)
    • Filed §1(a) for top mark on May 6, 2016
    • Filed §1(b) for both bottom marks on April 27, 2016
  • IC 009: Electrical and Scientific apparatus (i.e. Fitted plastic films known as skins for covering and providing a scratch proof barrier or protection for electronic devices, namely, MP3 players, mobile telephones, smart telephones, tablets, laptop, gaming devices, and wireless speakers)
  • IC 016: Printed matter and Paper goods (i.e. Posters; decals; trading cards; stickers; bumper stickers; printed paper signs; printed media guides relating to a professional soccer team; souvenir soccer programs; yearbooks in the field of soccer; printed event admission tickets; calendars; paper mats for beer glasses; photo prints; magazines featuring information in the field of soccer; paper hangtags; pencils; notebooks; binders)
  • IC 025: Clothing
  • IC 028: Toys and Sporting goods
  • IC 041: Entertainment services (i.e. Soccer exhibitions rendered live in a stadium, and through the media of television and radio and via the internet)
  • Notes: First Use in Commerce for all ICs associated with “Seattle Sounders FC” was May 01, 2008. … The MLS is headquartered in New York, New York. … As of 08/10, the Seattle Sounders (@SoundersFC) are ninth in the Western Conference with a 7-12-3 record.

 

Golf

PGA Tour

  • Owner: PGA TOUR, Inc. (@PGATOUR)
    • Filed §1(b) on March 23, 2016
  • IC 025: Clothing
  • IC 028: Sporting goods
  • IC 041: Entertainment services (i.e. Conducting professional golf tournaments)
  • Notes: The PGA Tour is headquartered in Ponte Vedra Beach, Florida.

 

PGA

  • Owner: The Professional Golfers’ Association of America (@pgaofamerica)
    • Filed §1(a) on March 23, 2016
  • IC 041: Entertainment services (i.e. Conducting of professional golf competitions; Golf courses; Golf instruction; Golf club services; Organizing exhibitions for sporting purpose; Production and distribution of videos in the field of golf and sporting events)
  • Notes: First Use in Commerce was 1916. … The PGA is headquartered in Palm Beach Gardens, Florida.

 

Owner: Callaway Golf Company

Callaway Golf (@CallawayGolf) is headquartered in Carlsbad, California. 

callaway

  • Filed §1(b) on March 29, 2016
  • IC 028: Sporting goods (i.e. Golf clubs; Head covers for golf clubs)

 

TRIAX

  • Filed §1(b) on May 23, 2016
  • IC 028: Sporting goods (i.e. Golf clubs)

EXO-CAGE

SPEED CAGE

  • Filed §1(b) for both marks on June 17, 2016
  • IC 028: Sporting goods (i.e. Golf clubs)

 

College

SCAD 2

SCAD

  • Owner: The Savannah College of Art and Design, Inc. (@SCAD_SavSports)
    • Filed §1(a) on March 17, 2016 (top)
    • Filed §1(a) on May 4, 2016 (bottom)
  • IC 041: Educational services (i.e. Arranging and conducting collegiate sports and athletics programs; providing sports, fitness and exercise facilities; providing an interactive website featuring advice and information in the field of collegiate sports and athletics programs)
  • Notes: First Use in Commerce was July 22, 2015. … Both SCAD Savannah and SCAD Atlanta are members of the NAIA. The former is a member of the Sun Conference, while the latter is a member of the Appalachian Athletic Conference.

 

NORTHWEST CONFERENCE

  •  Owner: Northwest Conference (@NorthwestConf)
    • Filed §1(a) on December 17, 2015
  • IC 035: Association services (i.e. Promoting the interests of colleges and universities participating in various sporting events)
  • IC 041: Entertainment services (i.e. Organizing, presenting, and coordinating athletic competitions and contests; providing information relating to sporting events; arranging and conducting athletic competitions)
  • Notes: First Use in Commerce for ICs was 1926. … The conference is made up of Division-III colleges located in Washington and Oregon. … Conference headquarters are located in Pacific Grove, Oregon.

Other

echofix

  • Owner: Echo Fox, LP (@echofoxgg)
    • Filed §1(a) on April 7, 2016
  • IC 41: Entertainment services (i.e. In the nature of electronic sports and video game competitions, exhibitions, and tournaments; organizing and conducting an array of video game events, namely, video game competitions, video game tournaments, video game seminars, and video game exhibitions for entertainment purposes, rendered live and recorded for the purpose of distribution through broadcast media including the Internet)
  • Notes: First Use in Commerce was January 16, 2016. … Echo Fox is headquartered in Ft. Lauderdale, Florida. … In 2015, former NBA star Rick Fox bought the professional team for roughly $1 million.

 

WE ARE WINNERS

  • Owner: Mueller Sports Medicine, Inc. (@MuellerSportMed)
    • Filed §1(b) on January 14, 2016
  • IC 005: Pharmaceuticals (i.e. Tape and taping supplies for medical purposes, namely, medical adhesive tape, medical cohesive tape, medical pretaping foam underwrap, medical pretaping spray adherent; first aid kits)
  • IC 009: Electrical and Scientific apparatus (i.e. Mouth guards for athletic use; nose guards for athletic use)
  • IC 010: Medical Apparatus (i.e. Cohesive support bandages, cohesive compression bandages; cold-hot therapy products for medical purposes, namely, ice bags, chemically activated cold packs, chemically activated instant cold packs, cold-hot thermal packs for first aid purposes, spray coolant for skin for medical purposes, medical cold-hot wraps)
  • IC 028: Sporting goods (i.e. Tape and taping supplies for athletic purposes, namely, athletic adhesive tape, athletic cohesive tape and bandages, athletic pretaping foam underwrap, athletic pretaping spray adherent)
  • Notes: Mueller Sports Medicine is headquartered in Prairie du Sac, Wisconsin.
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