Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76694863 has been amended as follows:

EVIDENCE
Evidence in the nature of First picture shows a collection of Fit Xplosion products (Instructional Manuals, videos, shirts) with the name Fit Xplosion on them displayed at counter of the fitness center where fitness training is carried out. Second picture shows a close up of the Fit Xplosion instructional and nutritional manuals for the Ab Bed to instruct customers on how to use the Ab Bed in the proper manner . Third picture shows a close up of the Fit Xplosion instructional and thirty minutes workout videos for the Ab Bed to be use by customers that are looking to follow an exercise regemine to flatten their stomach. Forth picture shows a close up of the Fit Xplosion shirts with the name Fit Xplosion embroidered on them for customers who may wish to purchase. has been attached.
Evidence-1
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Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for An abdominal exercise device that includes swivel portions and hinge plates whereby a user can exercise lying down on their back or on their stomach as well as on their side
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

In International Class 028, the mark was first used at least as early as 06/06/2007 and first used in commerce at least as early as 05/12/2009.

Proposed: Class 028 for An abdominal exercise device that includes swivel portions and hinge plates whereby a user can exercise lying down on their back or on their stomach as well as on their side
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

In International Class 028, the mark was first used at least as early as 06/06/2007. and first used in commerce at least as early as 05/12/2009.

Applicant hereby submits a new specimen for Class 028. The specimen(s) submitted consists of First picture shows a collection of Fit Xplosion products (Instructional Manuals, videos, shirts) with the name Fit Xplosion on them displayed at counter of the fitness center where fitness training is carried out. Second picture shows a close up of the Fit Xplosion instructional and nutritional manuals for the Ab Bed to instruct customers on how to use the Ab Bed in the proper manner . Third picture shows a close up of the Fit Xplosion instructional and thirty minutes workout videos for the Ab Bed to be use by customers that are looking to follow an exercise regemine to flatten their stomach. Forth picture shows a close up of the Fit Xplosion shirts with the name Fit Xplosion embroidered on them for customers who may wish to purchase..
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use].
Specimen File1
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SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Lorne Durham/      Date: 07/06/2010
Signatory's Name: /Lorne Durham/
Signatory's Position: Owner

Response Signature
Signature: /Lorne Durham/     Date: 07/06/2010
Signatory's Name: /Lorne Durham/
Signatory's Position: Owner

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 76694863
Internet Transmission Date: Tue Jul 06 20:47:23 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201007062047239
20255-76694863-4601cb3c5f22138cf651a5a27
b18f96e74-N/A-N/A-20100706185832992154