PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
78919926 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION (no change) |
ARGUMENT(S) |
78/919926 was as a practical matter abandoned. The owner has not been using it and therefore they have not filed any statement of use. The current owner does not
have any intent of using the registered trademark. Since no statement of use was filed, it is going to get canceled or already is canceled. Since it is no longer valid and canceled the
rejection should be removed.
|
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
sporting goods |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/29/2006 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/29/2006 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
sporting goods, namely trampolines, exercise equipment, treadmills, game tables, weight lifting machines, jogging machines, treadmills,
rowing machines, steppers, elliptical cross trainers, exercise bicycles |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/29/2006 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/29/2006 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/clemcheng/ |
SIGNATORY'S NAME |
Clement Cheng |
SIGNATORY'S POSITION |
attorney |
DATE SIGNED |
08/07/2007 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Aug 07 14:52:28 EDT 2007 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0070807145228533327-78919
926-38045bb6d97d7755ff236
5f1d9cd8eecdcc-N/A-N/A-20
070807143048826644 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
78919926 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
78/919926 was as a practical matter abandoned. The owner has not been using it and therefore they have not filed any statement of use. The current owner does not
have any intent of using the registered trademark. Since no statement of use was filed, it is going to get canceled or already is canceled. Since it is no longer valid and canceled the
rejection should be removed.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for sporting goods
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 06/29/2006 and first used in commerce at least as early as 06/29/2006, and is
now in use in such commerce.
Proposed: Class 028 for sporting goods, namely trampolines, exercise equipment, treadmills, game tables, weight lifting machines, jogging machines, treadmills, rowing machines, steppers,
elliptical cross trainers, exercise bicycles
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 06/29/2006 and first used in commerce at least as early as 06/29/2006, and is
now in use in such commerce.
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Response Signature
Signature: /clemcheng/ Date: 08/07/2007
Signatory's Name: Clement Cheng
Signatory's Position: attorney
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.
Serial Number: 78919926
Internet Transmission Date: Tue Aug 07 14:52:28 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2007080714522853
3327-78919926-38045bb6d97d7755ff2365f1d9
cd8eecdcc-N/A-N/A-20070807143048826644