We’re back for another edition of Trademarks Published for Opposition. As always, a few important background tidbits/definitions:
- TEAS Plus – $225 per class of goods and/or services
- TEAS Reduced Fee (RF) – $275 per class of goods and/or services
- 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).
- 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.”
- 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.
- 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.
- Owner: Philadelphia 76ers L.P. (@)
- Filed §1(b) on May 7, 2015
- IC 009: Electrical and Scientific apparatus (i.e. Audio recordings and video recordings featuring entertainment and information in the field of basketball)
- Notes: You may find the 76ers’ 2016-17 schedule here.
- Owner: William L. Bradford, Individual (@)
- Filed §1(a) on March 30, 2015
- IC 25: Clothing
- Notes: First Use in Commerce was January 17, 2015. Bradford lives in Eastpointe, Michigan. … The company is “committed to raising a generation of healthy and active youth in a fun and exciting way.”
EXPRESS WRITTEN CONSENT
- Owner: MLB Advanced Media, L.P. (@)
- Filed §1(a) on July 8, 2015
- IC 41: Entertainment services (i.e. Production and distribution of an on-going multimedia online program in the field of sports and entertainment delivered via a global computer network)
- Notes: First Use in Commerce was August 14, 2012. … The MLB headquarters are located in New York, New York.
JUNIOR DUCKS BASEBALL
- Owner: Junior Ducks Amateur Baseball
- Filed §1(b) on March 21, 2016 (top)
- Filed §1(b) on March 22, 2016 (bottom)
- IC 009: Electrical and scientific apparatus (i.e. Baseball batting helmets)
- IC 025: Clothing
- IC 028: Sporting goods
- IC 041: Entertainment and Educational services (i.e. Baseball camps; Arranging and conducting youth sports programs in the field of Baseball; Entertainment in the nature of baseball games)
- Notes: ICs 025, 028, and 041 are all associated with the top mark. … Every IC listed is associated with the bottom mark. … The team, which was created in 2001, is located in Islip, New York.
- Owner: Michigan Baseball Operations (@)
- Filed §1(a) on April 15, 2016
- IC 16: Paper goods and Printed matter (i.e. Newsletters in the field of baseball, paper pennants, paper game schedules for sporting events, pens, pencils, postcards, posters, printed game tickets for sporting events, printed guides in the field of baseball, reference books in the field of baseball, score books, score cards, score sheets, stationery, and trading cards)
- IC 025: Clothing
- Notes: First Use in Commerce was February 13, 2016, for both ICs. … Headquartered in Midland, Michigan, the company owns Great Lakes Loons, which is the Low Class A affiliate of the Los Angeles Dodgers.
- Owner: Saint Vincent College (@)
- Filed §1(b) on September 10, 2015
- IC 25: Clothing
- Notes: Located in Latrobe, Pennsylvania, the Bearcats compete athletically in Presidents’ Athletic Conference (NCAA Division-III).
- Owner: The Savannah College of Art and Design, Inc.
- Filed §1(a) on May 4, 2016
- IC 41: Entertainment services (i.e. Arranging and conducting a sports and athletics program in conjunction with educational activities as a college)
- Notes: First Use in Commerce was July 22, 2015. … Located in Savannah, Georgia, SCAD plays in The Sun Conference as a member of the NAIA.
- Owner: Babson College (@)
- Filed §1(a) on April 26, 2016
- IC 41: Entertainment and Educational services (i.e. Encouraging intercollegiate athletic programs by organizing and conducting educational programs and activities for intercollegiate athletes and alumni; Providing collegiate athletic and sporting events)
- Notes: First Use in Commerce was December 31, 1968. … Located in Babson Park, Massachusetts, the college is a member of the New England Collegiate Conference (NCAA Division-III).
- Owner: Sweeney Holdings LLC
- Filed §1(a) on April 5, 2016
- IC 41: Educational services (i.e. Conducting online and live in-person classes, seminars, and workshops in the field of golf and distribution of course material in connection therewith, teaching and training golf instructors and students in the field of golf green reading, providing educational and instructional information via an online global computer network in the field of golf)
- Notes: First Use in Commerce was May 01, 2009. … The company is headquartered in Windermere, Florida. … The creator of AimPoint, Mark Sweeney, joined the Golf Channel to discuss his methods.
- Owner: Taylor Made Golf Company, Inc. (@)
- Filed §1(b) on October 7, 2015
- IC 028: Sporting goods (i.e. Golf clubs)
- Notes: Taylor Made Golf Company is headquartered in Carlsbad, California.
- Owner: Bridgestone Corporation (@)
- Filed §1(b) on April 11, 2016
- IC 28: Sporting goods (i.e. Golf equipment, namely, golf clubs, golf balls, golf bags, golf club head covers, golf gloves, golf markers)
- Notes: Bridgestone is headquartered in Tokyo, Japan.
- Owner: Mayweather Promotions, LLC (@)
- Filed §1(b) on September 10, 2015
- IC 25: Clothing
- IC 28: Toys and Sporting goods (i.e. Sports equipment for boxing and marital arts, namely, boxing gloves, boxing bags, punching mitts, belly protectors, groin protectors and shin guards; toys, namely, battery operated action toys, electrical action toys, mechanical toys, push toys, pull toys, plush toys, plush toy animals, play figures, flying disks, yo-yos, bath toys, beach toys being beach balls, toy buckets and shovels)
- Notes: The company is headquartered in Las Vegas, Nevada. … Floyd Mayweather Jr.’s consent is made of record.
- Owner: Athletes Without Borders, Incorporation
- Filed §1(a) on May 7, 2016
- IC 41: Entertainment and Educational services (i.e. Providing programs in the fields of academic achievement and intellectual development; Encouraging amateur sports and physical education by organizing, sanctioning, conducting, regulating and governing amateur athletic programs and activities; Establishing and maintaining by registration a uniform standard of amateur standing for athletics)
- Notes: First Use in Commerce was May 6, 2010. … The company is headquartered in Boston, Massachusetts.
- Owner: Vulcun (@)
- Filed §1(a) on August 24, 2015
- IC 41: Entertainment services (i.e. In the nature of online video game playing and eSports, namely, competitive, professional video game playing)
- Notes: First Use in Commerce was January 12, 2015. … The company headquarters are located in San Francisco, California.
BASS PRO SHOPS
- Owner: Bass Pro Intellectual Property, L.L.C. (@)
- Filed §1(a) on June 4, 2015
- IC 35: Business and Advertising (i.e. Providing facilities for business meetings)
- IC 41: Entertainment services (i.e. Golf courses; Party planning, coordination, and consultation services; Wedding reception planning, coordination, and consultation services; Providing facilities for recreational outdoor activities, namely, fishing; Providing facilities for recreational outdoor activities, namely, boating activities)
- IC 43: Hotel and Restaurant services
- IC 44: Medical, Beauty, and Agricultural (i.e. Beauty spa services, namely, cosmetic body care; Health spa services for health and wellness of the body and spirit)
- IC 45: Personal services (i.e. Providing facilities for weddings)
- Notes: First Use in Commerce was April 1, 2015, for IC 44. … First Use in Commerce was July 1, 2012, for ICs 35, 41, and 45. … First Use in Commerce was May 1, 1987. … The company’s headquarters are located in Springfield, Missouri.