| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78246339 |
| MARK SECTION (no change) | |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 028 |
| DESCRIPTION | Fitness and exercise equipment |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 028 |
| DESCRIPTION | |
| Exercising equipment, namely weight lifting machines, stair stepping machines and powered treadmills for running | |
| FILING BASIS | Section 1(b) |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use FITNESS apart from the mark as shown. |
| SIGNATURE SECTION | |
| SIGNATURE | /jonathan w. richards 29843/ |
| SIGNATORY NAME | Jonathan W. Richards |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATORY DATE | 12/03/2003 |
| SIGNATURE | /l. david griffin 44136/ |
| SIGNATORY NAME | Jonathan W. Richards |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATORY DATE | 12/03/2003 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Dec 03 09:59:31 EST 2003 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2003 1203095931117007-78246339 -20059ad31958e6becea65d56 1a22dbe5e-N-N-20031203095 846779064 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78246339 is amended as follows: | |
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 028 for Fitness and exercise equipment | |
| Original Filing Basis: 1(b). | |
| Proposed: Class 028 for Exercising equipment, namely weight lifting machines, stair stepping machines and powered treadmills for running | |
| Additional Statements | |
| No claim is made to the exclusive right to use FITNESS apart from the mark as shown. | |
| Declaration Signature |
|
| 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. Section 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 amendment/response on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, and that the mark is in use in commerce, and was in use in commerce on the application filing date, on or in connection with the goods and/or services listed in the application; or, if the application is being filed under 15 U.S.C. Section 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce, and that the applicant has a bona fide intention, and had a bona fide intention on the application filing date, to use the mark in commerce on or in connection with the goods and/or services listed in the application; 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 and/or services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true as set forth within the original application and/or the submitted amendment/response. | |
| Signature: /jonathan w. richards 29843/ Date: 12/03/2003 | |
| Signatory's Name: Jonathan W. Richards | |
| Signatory's Position: Attorney for Applicant | |
| Response Signature | |
| Signature: /l. david griffin 44136/ Date: 12/03/2003 | |
| Signatory's Name: Jonathan W. Richards | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 78246339 | |
| Internet Transmission Date: Wed Dec 03 09:59:31 EST 2003 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2003120309593111700 7-78246339-20059ad31958e6becea65d561a22d be5e-N-N-20031203095846779064 |