We’re back for another edition of Trademarks Published for Opposition. My sincere apologies for the lack of posts the past two weeks. 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

nets

  • Owner: Brooklyn Nets, LLC (@BrooklynNets)
    • Filed §1(b) on March 23, 2016
  • IC 25: Clothing
  • IC 41: Entertainment and Educational services (i.e. In the nature of ongoing television and radio programs in the field of basketball and rendering live basketball games and basketball exhibitions; the production and distribution of radio and television shows featuring basketball games, basketball events and programs in the field of basketball)
  • Notes: The Long Island Nets are the NBA Developmental League affiliate of the Brooklyn Nets. … Think you have what it takes to make the NBA? The Long Island Nets are holding tryouts!

suns

  •  Owner: Suns Legacy Partners, L.L.C. (@Suns)
    • Filed §1(a) on May 27, 2016
  • IC 016: Paper goods and Printed matter (i.e. Basketball trading cards, trading cards, stickers, decals, commemorative basketball stamps, magazines in the field of basketball, catalogs in the field of basketball, commemorative game and souvenir programs related to basketball, paper pennants, stationery, stationery-type portfolios, post cards, invitation cards, printed certificates, greeting cards, Christmas cards, holiday cards, informational statistical sheets for basketball topics; newsletters, brochures, pamphlets, and game schedules in the field of basketball)
  • Notes: First Use in Commerce was September 2013. … As you may have guessed, the logo is for the Phoenix Suns, who finished 39-43 last season.

 

alounzo mourning

  •  Owner: Mourning Family Foundation, Inc. (@MourningFamily)
    • Filed §1(b) on March 29, 2016
  • IC 41: Entertainment services (i.e. Organizing and conducting events in the nature of comedy festivals)
  • Notes: The Foundation is headquartered in Miami, Florida. … Alonzo Mourning, who most notably played for the Miami Heat, is the Foundation’s founder.

Football

draftboard

  • Owner: Run It Once, Inc. (@RunItOnce)
    • Filed §1(b) on April 17, 2016
  • IC 041: Entertainment services (i.e. In the nature of fantasy sports leagues)
  • Notes: The company is headquartered in Paso Robles, California. … While the company is primarily in the poker card business, the above mark leads to the conclusion that it also plans to delve into other fantasy sports.

 

janoris jenkins

  • Owner: Janoris Jenkins, Individual
    • Filed §1(b) on April 6, 2016
  • IC 025: Clothing
  • Notes: Jenkins, a 2012 2nd round selection, signed a 5-year, $62.5-million deal with the New York Giants this past offseason. … Jenkins’ consent is made of record.

 

tampa bay

 

  • Owner: TBSE Football, LLC (@TampaBayStorm)
    • Filed §1(a) on November 24, 2015
  • IC 006: Metal goods (i.e. Metal key chains)
  • IC 009: Electronic and Scientific apparatus (i.e. Magnets)
  • IC 014: Jewelry
  • IC 016: Paper goods and Printed matter (i.e. Decals)
  • IC 025: Clothing
  • IC 041: Entertainment services (i.e. In the nature of arena football games)
  • Notes: First Use in Commerce for all ICs was November 1, 2011. … Ironically enough, TBSE Football acquired the Tampa Bay Storm of the Arena Football League (AFL) in January 2011.

Baseball

NORTHWOODS LEAGUE

  • Owner: Northwoods League, Inc. (@NWLbaseball)
    • Filed §1(a) on October 9, 2014
  • IC 041: Entertainment services (i.e. In the nature of baseball games)
  • Notes: First Use in Commerce was June 10, 1994. … The league is headquartered in Ponte Vedra Beach, Florida, and features 18 summer baseball teams in the Midwest.

 

nashville sounds

  • Owner: MFP Baseball, LLC (@nashvillesounds)
    • Filed §1(a) on April 5, 2016
  • IC 025: Clothing
  • Notes: First Use in Commerce was April 1, 1978. … Currently, the Sounds are the Triple-A affiliate of the Oakland Athletics. … Previously, the team was the Milwaukee Brewers’ Triple-A affiliate.

 

TRAIN LIKE THE PROS

  • Owner: Franklin Sports, Inc. (@FranklinSports)
    • Filed §1(a) on April 19, 2016
  • IC 028: Sporting goods (i.e. Baseball batting tees, ball pitching machines, baseballs, bats, baseball bat weights, batting gloves, baseball fielding gloves)
  • Notes: First Use in Commerce was April 20, 2013. … The company is headquartered in Stoughton, Massachusetts, and is the official MLB batting glove.

College

RISE & CONQUER

  •  Owner: University of Central Florida (@UCFKnights)
    • Filed §1(b) on April 13, 2016
  • IC 041: Entertainment services (i.e. Arranging and conducting athletic competitions; Entertainment in the nature of baseball games; Entertainment in the nature of basketball games; Entertainment in the nature of football games; Organizing and conducting athletic competitions and games in the field of football)
  • Notes: UCF competes in the American Athletic Conference (AAC) and is reportedly a finalist to join the Big 12 Conference.

 

Vandy 1

vandy 2

  • Owner: The Vanderbilt University (@vucommodores)
    • Filed §1(a) for both marks on March 17, 2016
  • IC 041: Entertainment services (i.e. Organizing, arranging, operating, and conducting collegiate athletic and sporting events; Organizing, arranging, operating, and conducting collegiate sports competitions; Entertainment in the nature of competitions in the field of athletics)
  • Notes: First Use in Commerce was February 23, 2016. … The Commodores compete in the Southeastern Conference (SEC).

 

northern colorado

  • Owner: The Board of Trustees of the University of Northern Colorado (@unc_bears)
    • Filed §1(a) on March 17, 2016
  • IC 025: Clothing
  • IC 041: Entertainment and Educational services (i.e. Providing courses of instruction at the university level; arranging and conducting athletic competitions, athletic events, athletic tournaments, and athletic exhibitions)
  • Notes: First Use in Commerce for both ICs was May 15, 2015. … Most of Northern Colorado’s athletic programs are a member of the Big Sky Conference (NCAA D-I).

Golf

SMASH FACTOR

smash factor golf

  • Owner: Robert Kraft, Individual
    • Filed §1(b) on April 6, 2016 (top)
    • Filed §1(b) on April 25, 2016 (bottom)
  • IC 025: Clothing
  • IC 028: Sporting goods (i.e. Golf accessories)
  • Notes: No, the owner of both marks is not the owner of the New England Patriots. … According to public records, Smash Factor Golf LLC has been incorporated since March 31, 2016.

IGOLF CONNECT

  •  Owner: L1 Technologies, Inc. (@iGolf_GPS)
    • Filed §1(b) on March 29, 2016
  • IC 042: Computer services (i.e. Hosting and maintaining database systems of golf course information, golf tee times and golf GPS content for others)
  • Notes: The company is located in San Diego, California.

Other

NYC Athletic Club

  •  Owner: New York Athletic Club of the City of New York, Inc. (@newyorkac)
    • Filed §1(a) on March 21, 2016
  • IC 018: Leather goods (i.e. Gym bags, athletic bags, sports bags, travel bags, and duffle bags)
  • IC 025: Clothing
  • IC 041: Entertainment services (i.e. Arranging, organizing, conducting and hosting social events; arranging, organizing, conducting and hosting sporting events in the fields of badminton, ballroom dance, basketball, billiards, boating, boxing, cycling, fencing, fishing, football, golf, gymnastics, handball, ice hockey, judo, lacrosse, physical fitness, platform tennis, racquetball, rowing, rugby, sailing, scuba, skiing, soccer, squash, swimming, table tennis, team handball, tennis, track and field, trap shooting, triathlons, sports games using flying discs, volleyball, water polo, and wrestling, and sporting competitions)
  • IC 043: Restaurant and Catering services
  • Notes: First Use in Commerce for IC 018 was 1960. … First Use in Commerce for IC 025 was 1920. … First Use in Commerce for ICs 041 & 043 was 1868.

 

sportflip

  • Owner: Michael Larsuel, Individual
    • Filed §1(b) on March 24, 2016
  • IC 041: Entertainment services (i.e. In the nature of professional and college football, basketball, baseball, hockey, and soccer games; Providing a web site featuring sporting information; Providing a website featuring entertainment information in the field of sports; Providing an Internet sports news portal featuring links to sports news stories and articles in the field of sports)
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