Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88451808 CLOSE YOUR RINGS(Standard Characters, see http://uspto.report/TM/88451808/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant's response to the Office Action issued on July 23, 2019 is attached as a PDF in the evidence section.

EVIDENCE
Evidence in the nature of a PDF containing Applicant's response and arguments in support of registration has been attached.
Original PDF file:
evi_1744721010-20200123150108383599_._FINAL_1.23.2020_-_CLOSE_YOUR_RINGS_ROA_SN_88451808.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computers; computer hardware; telecommunications apparatus and instruments; mobile telephones; smartphones; wireless communication devices for the transmission of voice, data, images, audio, video, and multimedia content; network communication apparatus; handheld digital electronic devices capable of providing access to the Internet and for the sending, receiving, and storing telephone calls, electronic mail, and other digital data; wearable computer hardware; wearable digital electronic devices capable of providing access to the Internet, for sending, receiving and storing of telephone calls, electronic mail, and other digital data; smartwatches; wearable activity trackers; connected bracelets; computer software for tracking, storing, viewing, monitoring, displaying, transmitting and managing user interaction data concerning exercise, physical activity, steps taken, distance walked or run, time standing or sitting, calories consumed, calories burned; computer software for tracking, monitoring and managing information and goals regarding a health and fitness program; computer software for wireless communication devices, wearable wireless communication devices, and mobile digital electronic devices; accelerometers; distance measuring apparatus; distance recording apparatus; pedometers; global positioning systems (GPS devices)
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/03/2018 and first used in commerce at least as early as 06/03/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computers; Computer hardware; telecommunications apparatus and instruments; Mobile telephones; Smartphones; Wireless communication devices for the transmission of voice, data, images, audio, video, and multimedia content; Handheld digital electronic devices capable of providing access to the Internet and for the sending, receiving, and storing telephone calls, electronic mail, and other digital data; network communication apparatus; Wearable computer hardware, namely, smart watches; Wearable digital electronic devices capable of providing access to the Internet, for sending, receiving and storing of telephone calls, electronic mail, and other digital data, namely, smart watches; wearable computer hardware; Smartwatches; wearable digital electronic devices capable of providing access to the Internet, for sending, receiving and storing of telephone calls, electronic mail, and other digital data; Wearable activity trackers; Wearable activity trackers in the nature of connected bracelets; Downloadable and recorded computer software for tracking, storing, viewing, monitoring, displaying, transmitting and managing user interaction data concerning exercise, physical activity, steps taken, distance walked or run, time standing or sitting, calories consumed, calories burned; connected bracelets; Downloadable and recorded computer software for tracking, monitoring and managing information and goals regarding a health and fitness program; computer software for tracking, storing, viewing, monitoring, displaying, transmitting and managing user interaction data concerning exercise, physical activity, steps taken, distance walked or run, time standing or sitting, calories consumed, calories burned; Accelerometers; computer software for tracking, monitoring and managing information and goals regarding a health and fitness program; Distance measuring apparatus; computer software for wireless communication devices, wearable wireless communication devices, and mobile digital electronic devices; Distance recording apparatus; Pedometers; Global positioning systems (GPS devices)Class 009 for Computers; Computer hardware; Mobile telephones; Smartphones; Wireless communication devices for the transmission of voice, data, images, audio, video, and multimedia content; Handheld digital electronic devices capable of providing access to the Internet and for the sending, receiving, and storing telephone calls, electronic mail, and other digital data; Wearable computer hardware, namely, smart watches; Wearable digital electronic devices capable of providing access to the Internet, for sending, receiving and storing of telephone calls, electronic mail, and other digital data, namely, smart watches; Smartwatches; Wearable activity trackers; Wearable activity trackers in the nature of connected bracelets; Downloadable and recorded computer software for tracking, storing, viewing, monitoring, displaying, transmitting and managing user interaction data concerning exercise, physical activity, steps taken, distance walked or run, time standing or sitting, calories consumed, calories burned; Downloadable and recorded computer software for tracking, monitoring and managing information and goals regarding a health and fitness program; Accelerometers; Distance measuring apparatus; Distance recording apparatus; Pedometers; Global positioning systems (GPS devices)
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/03/2018 and first used in commerce at least as early as 06/03/2018 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Wellness and health-related services; providing health and wellness related information; wellness programs; providing a website with information on health and wellness
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/03/2018 and first used in commerce at least as early as 06/03/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Wellness and health-related services; Wellness and health-related consulting services; Providing health and wellness related information; wellness programs; Health care services, namely, wellness programs; providing a website with information on health and wellness; Providing a website with information on health and wellness.Class 044 for Wellness and health-related consulting services; Providing health and wellness related information; Health care services, namely, wellness programs; Providing a website with information on health and wellness.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/03/2018 and first used in commerce at least as early as 06/03/2018 , and is now in use in such commerce.
The applicant's current attorney information: Thomas R. La Perle. Thomas R. La Perle of APPLE INC., is located at

      MS 169-3IPL
      ONE APPLE PARK WAY
      CUPERTINO, California 95014
      US

The email address is trademarkdocket@apple.com

The applicants proposed attorney information: Thomas R. La Perle. Other appointed attorneys are All Attorneys in the Trademark Group of Apple Inc.. Thomas R. La Perle of APPLE INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      MS 169-3IPL
      ONE APPLE PARK WAY
      CUPERTINO, California 95014
      United States

The email address is trademarkdocket@apple.com

Thomas R. La Perle submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: THOMAS R. LA PERLE. THOMAS R. LA PERLE of APPLE INC., is located at

      MS 169-3IPL
      ONE APPLE PARK WAY
      CUPERTINO, California 95014
      US

The email address is trademarkdocket@apple.com; pam.reid@apple.com; bryan_zhang@apple.com

The applicants proposed correspondence information: Thomas R. La Perle. Thomas R. La Perle of APPLE INC., is located at

      MS 169-3IPL
      ONE APPLE PARK WAY
      CUPERTINO, California 95014
      United States

The email address is trademarkdocket@apple.com; pam.reid@apple.com; bryan_zhang@apple.com

SIGNATURE(S)
Response Signature
Signature: /PMWreid/     Date: 01/23/2020
Signatory's Name: Pamela Reid
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 408.783.4290

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    THOMAS R. LA PERLE
   APPLE INC.
   MS 169-3IPL
   ONE APPLE PARK WAY
   CUPERTINO, California 95014
Mailing Address:    Thomas R. La Perle
   APPLE INC.
   MS 169-3IPL
   ONE APPLE PARK WAY
   CUPERTINO, California 95014
        
Serial Number: 88451808
Internet Transmission Date: Thu Jan 23 15:40:41 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020012315404137
7364-88451808-700e3b3e8b960f5a56a73f4297
98c4e06c35b7e3a4b0d055568628e8c116b1c-N/
A-N/A-20200123150108383599