PTO Form (Rev 4/2000) |
OMB No. 0651-.... (Exp. 08/31/2004) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77268342 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Physical training accessories and equipment, namely, exercise balls, exercise weights and weight vests, exercise ropes, exercise bands,
exercise mats, exercise boards, agility ladders, agility bags, training cones, training sleds, stability trainers, stability discs, speed discs, exercise mini hurdles, heart rate monitors, training
parachutes, exercise resistance tubes, massage sticks, exercise foam rolls, exercise training belts, wrist training devices |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2004 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Physical training accessories and equipment, namely, exercise balls, exercise weight vests, exercise ropes, exercise bands, exercise
mats, exercise boards, agility ladders, agility bags, training cones, training sleds, stability trainers, stability discs, speed discs, exercise mini hurdles, training parachutes, exercise resistance
tubes, exercise foam rolls, exercise training belts, wrist training devices, namely, wrist exercise weights |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2004 |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Applicant has deleted from its description of goods the terms heart rate monitors and massage sticks. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/set/ |
SIGNATORY'S NAME |
Scott E. Taylor, Esq. |
SIGNATORY'S POSITION |
Attorney of Record |
DATE SIGNED |
12/19/2008 |
RESPONSE SIGNATURE |
/set/ |
SIGNATORY'S NAME |
Scott E. Taylor, Esq. |
SIGNATORY'S POSITION |
Attorney of record |
DATE SIGNED |
12/19/2008 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Dec 19 12:50:20 EST 2008 |
TEAS STAMP |
USPTO/RFR-XX.XXX.XXX.XX-2
0081219125020027551-77268
342-430ce6d8daa42bafe6caf
4f6a4096c0be1-N/A-N/A-200
81219124150030444 |
PTO Form (Rev 4/2000) |
OMB No. 0651-.... (Exp. 08/31/2004) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
77268342 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Physical training accessories and equipment, namely, exercise balls, exercise weights and weight vests, exercise ropes, exercise bands, exercise mats, exercise boards,
agility ladders, agility bags, training cones, training sleds, stability trainers, stability discs, speed discs, exercise mini hurdles, heart rate monitors, training parachutes, exercise resistance
tubes, massage sticks, exercise foam rolls, exercise training belts, wrist training 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 01/01/2004 and first used in commerce at least as early as 01/01/2004, and is
now in use in such commerce.
Proposed: Class 028 for Physical training accessories and equipment, namely, exercise balls, exercise weight vests, exercise ropes, exercise bands, exercise mats, exercise boards, agility
ladders, agility bags, training cones, training sleds, stability trainers, stability discs, speed discs, exercise mini hurdles, training parachutes, exercise resistance tubes, exercise foam rolls,
exercise training belts, wrist training devices, namely, wrist exercise weights
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 01/01/2004 and first used in commerce at least as early as 01/01/2004, and is
now in use in such commerce.
ADDITIONAL STATEMENTS
Applicant has deleted from its description of goods the terms heart rate monitors and massage sticks.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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 or services listed in the
application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §1001, 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. §1051(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: /set/ Date: 12/19/2008
Signatory's Name: Scott E. Taylor, Esq.
Signatory's Position: Attorney of Record
Request for Reconsideration Signature
Signature: /set/ Date: 12/19/2008
Signatory's Name: Scott E. Taylor, Esq.
Signatory's Position: Attorney of record
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Serial Number: 77268342
Internet Transmission Date: Fri Dec 19 12:50:20 EST 2008
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2008121912502002
7551-77268342-430ce6d8daa42bafe6caf4f6a4
096c0be1-N/A-N/A-20081219124150030444