LIVE. PLAY. BETTER. - Trademark Details
Status: 686 - Published For Opposition
Image for trademark with serial number 88632649
Serial Number
88632649
Word Mark
LIVE. PLAY. BETTER.
Status
686 - Published For Opposition
Status Date
2022-01-11
Filing Date
2019-09-26
Mark Drawing
4000 - Standard character mark Typeset
Published for Opposition Date
2020-09-29
Attorney Name
DAVID M. BREINER
Law Office Assigned Location Code
L80
Employee Name
RISO, MARK E
Statements
Concurrent Use Statement
Subject to Concurrent Use Proceeding with U.S. Registration No. 4735128. Applicant claims the exclusive right to use the mark in the area comprising the States of South Dakota, North Dakota, and Nebraska, along with a 100-mile radius around the municipal boundaries of Spirit Lake, Iowa (as they exist from time to time), and a 25-mile radius around the municipal boundaries of Omaha, Nebraska, Council Bluffs, Iowa, and Sioux City, Iowa (as they exist from time to time).
Concurrent Use Statement
1. Applicant a. Applicant's services: golf club services; health clubs for physical exercise b. Geographic Area which Applicant is using the mark in commerce: The geographic area comprised of the States of South Dakota, North Dakota, and Nebraska, along with a 100-mile radius around the municipal boundaries of Spirit Lake, Iowa (as they exist from time to time), and a 25-mile radius around the municipal boundaries of Omaha, Nebraska, Council Bluffs, Iowa, and Sioux City, Iowa (as they exist from time to time). c. Applicant seeks unlimited mode of use. 2. Concurrent User a. Name and address of concurrent user is: GREATLIFE GOLF & FITNESS, LLC LIMITED LIABILITY COMPANY KANSAS 3024 SW WANAMAKER ROAD, SUITE 300 TOPEKA KANSAS 66614 b. Services offered by Concurrent User are: Operation of golf and fitness clubs. c. Geographic area where Concurrent user uses the mark is: Across the United States, with the exception of the following: the States of South Dakota, North Dakota, and Nebraska, along with a 100-mile radius around the municipal boundaries of Spirit Lake, Iowa (as they exist from time to time), and a 25-mile radius around the municipal boundaries of Omaha, Nebraska, Council Bluffs, Iowa, and Sioux City, Iowa (as they exist from time to time). d. Concurrent User has unlimited mode of use. e. The time periods Concurrent User has used the mark are: January 15, 2014 to the present f. Trademark applications issued to Concurrent User includes: GL and Design: U.S. Reg. No. 5625359 Live. Play. Better.: U.S. Reg. No. 4735128 GreatLIFE: U.S. Reg. No. 4683784 Play Everything: U.S. Reg. No. 4549242 3. No other person except as specified in the application has the right to use the mark in commerce. 4. Verification accompanies this response.
Goods and Services
Golf club services; health clubs for physical exercise
Order restricting Scope or Claim of Registration
Registration limited to the area comprising the States of South Dakota, North Dakota, and Nebraska, along with a 100-mile radius around the municipal boundaries of Spirit Lake, Iowa (as they exist from time to time), and a 25-mile radius around the municipal boundaries of Omaha, Nebraska, Council Bluffs, Iowa, and Sioux City, Iowa (as they exist from time to time, pursuant to Concurrent Use No. 94003007. Concurrent registration with GreatLIFE Golf & Fitness, LLC (Registration Nos. 4549242, 4683784, 4735128, and 5625359).
Classification Information
International Class
041 - Education; providing of training; entertainment; sporting and cultural activities. - Education; providing of training; entertainment; sporting and cultural activities.
US Class Codes
100, 101, 107
Class Status Code
6 - Active
Class Status Date
2019-10-02
Primary Code
041
First Use Anywhere Date
2014-01-15
First Use In Commerce Date
2014-01-15
Current Trademark Owners
Party Name
T & T GOLF VENTURES, LLC
Party Type
20 - Owner at Publication
Legal Entity Type
16 - Limited Liability Company
Address
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Trademark Owner History
Party Name
T & T GOLF VENTURES, LLC
Party Type
20 - Owner at Publication
Legal Entity Type
16 - Limited Liability Company
Address
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Party Name
T & T GOLF VENTURES, LLC
Party Type
10 - Original Applicant
Legal Entity Type
16 - Limited Liability Company
Address
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Correspondences
Name
DAVID M. BREINER
Address
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Trademark Events
Event DateEvent Description
2019-09-30NEW APPLICATION ENTERED IN TRAM
2019-10-02NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
2019-12-30ASSIGNED TO EXAMINER
2020-01-07NON-FINAL ACTION WRITTEN
2020-01-07NON-FINAL ACTION E-MAILED
2020-01-07NOTIFICATION OF NON-FINAL ACTION E-MAILED
2020-07-06TEAS RESPONSE TO OFFICE ACTION RECEIVED
2020-07-19ASSIGNED TO LIE
2020-07-30CORRESPONDENCE RECEIVED IN LAW OFFICE
2020-07-30TEAS/EMAIL CORRESPONDENCE ENTERED
2020-08-25APPROVED FOR PUB - PRINCIPAL REGISTER
2020-09-09NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
2020-09-29PUBLISHED FOR OPPOSITION
2020-09-29OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
2021-03-18CONCURRENT USE PROC. INSTITUTED NO. 999999
2021-09-02CONCURRENT USE GRANTED NO. 999999
2021-12-21CONCURRENT USE TERMINATED NO. 999999
2021-12-21TTAB RELEASE CASE TO TRADEMARKS