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 07/31/2017)

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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 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79158444 POLAR (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/79158444/large) has been amended as follows:

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

In an Office Action issued on April 11, 2015, the Examining cited prior registrations as a bar to registration of the instant mark for goods in International Class 28. No other classes were impacted. As part of this Response, Applicant will delete Class 28 from its application, thereby removing the prior registrations as bars to registration.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 028 for Game devices, namely, electronic game equipment with a watch function, handheld game consoles, hand held units for playing electronic games and gaming systems comprised of hand-held units for playing electronic games for use with external display screen or monitor, video game machines that utilize biosignal and body motion data

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Wrist devices, namely, sensor for scientific use that is worn by humans on the wrist, GPS tracking device to be worn on the wrist of an athlete during endurance events, heart rate monitors; battery, ultrasonic, tension testers, heart, electric, optical, temperature sensors, peripheral devices in the nature of wearable computer peripherals, wireless computer peripherals, and computer peripheral systems comprised wearable computer peripherals, sensors for scientific use to be worn by a human to gather human biometric data; all of the forgoing used, other than for medical purposes, for measuring and recording different physiological data, biosignals and exercise parameters, namely, blood oxygenation, heart rate, heart rate variability, electrocardiogram, blood pressure, ventilation, body temperature, body flexibility, body strength, body motion, skin conductivity, blood glucose, lactic acid, and also for recording, time, distance, speed, acceleration, altitude, environmental temperature, humidity and purity in the atmosphere; computer software for the synchronization of exercise databases between a remote station or device and a fixed remote station or device; computer programs for accessing, browsing and searching online exercise databases; MP3 and other digital format audio players; mobile digital electronic devices for exercise user for recording and replaying psychological data global positioning tracking, navigation devices; wireless interfaces for computers and mobile devices in the nature of portable wrist-mounted digital electronic device, tablet computers for communicating physiological data and exercise data; electronic equipment for sensing data, namely, exercise and psychological electronic sensors for measuring distance walked, not for medical use, for providing training instructions during exercise; programmable headphones programmed to provide training instructions depending on a person's performance during exercise; and for displaying data obtained during exercise, wearable digital electronic device comprised primarily of software and display screens for displaying data obtained during exercise, and also featuring a wristwatch, not for medical purposes; wearable monitoring apparatus, namely, wearable computer peripherals and wearable computers for biosignal detection; computer interfaces, software and firmware for the aforementioned goods
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Wrist devices, namely, sensor for scientific use that is worn by humans on the wrist, GPS tracking device to be worn on the wrist of an athlete during endurance events, heart rate monitors; Wrist devices, namely, sensor for scientific use worn by humans on the wrist to gather human biometric data, GPS tracking device to be worn on the wrist of an athlete during endurance events; battery, ultrasonic, tension testers, heart, electric, optical, temperature sensors, peripheral devices in the nature of wearable computer peripherals, wireless computer peripherals, and computer peripheral systems comprised wearable computer peripherals, sensors for scientific use to be worn by a human to gather human biometric data; heart rate monitors to gather human biometric data; all of the forgoing used, other than for medical purposes, for measuring and recording different physiological data, biosignals and exercise parameters, namely, blood oxygenation, heart rate, heart rate variability, electrocardiogram, blood pressure, ventilation, body temperature, body flexibility, body strength, body motion, skin conductivity, blood glucose, lactic acid, and also for recording, time, distance, speed, acceleration, altitude, environmental temperature, humidity and purity in the atmosphere; battery, ultrasonic, and tension testers, sensors for scientific use to be worn by a human to gather biometric data relating to the heart and electric, optical, and temperature sensors, peripheral devices in the nature of wearable computer peripherals, wireless computer peripherals, and computer peripheral systems comprised wearable computer¶
peripherals, sensors for scientific use to be worn by a human to gather human biometric data; all of the forgoing used for scientific purposes and not for medical purposes, for measuring and recording different physiological data, biosignals and exercise parameters, namely, blood oxygenation, heart rate, heart rate variability, electrocardiogram, blood¶
pressure, ventilation-perfusion ratio, body temperature, body flexibility, body strength, body motion, skin conductivity, blood glucose, lactic acid, and also for recording, time, distance, speed, acceleration, altitude, environmental temperature,¶
humidity and purity in the atmosphere; computer software for the synchronization of exercise databases between a remote station or device and a fixed remote station or device; computer programs for accessing, browsing and searching online exercise databases; mobile digital electronic devices for exercise user for recording and replaying psychological data global positioning tracking, navigation devices; MP3 and other digital format audio players; wireless interfaces for computers and mobile devices in the nature of portable wrist-mounted digital electronic device, tablet computers for communicating physiological data and exercise data; mobile digital electronic devices for exercise user for recording and replaying physiological data; electronic equipment for sensing data, namely, exercise and psychological electronic sensors for measuring distance walked, not for medical use, for providing training instructions during exercise; global positioning tracking and navigation devices; wireless interfaces for computers and mobile devices in the nature of portable wrist-mounted digital electronic devices and tablet computers, both for communicating physiological data and exercise data; and for displaying data obtained during exercise, wearable digital electronic device comprised primarily of software and display screens for displaying data obtained during exercise, and also featuring a wristwatch, not for medical purposes; electronic equipment for sensing data, namely, electronic exercise and physiological sensors, not for medical use, for measuring distance walked and for displaying data obtained during exercise; programmable headphones programmed to provide training instructions depending on a person's performance during exercise; computer interfaces, software and firmware for the aforementioned goods; wearable digital electronic device comprised primarily of software and display screens for displaying data obtained during exercise, and also featuring a wristwatch, not for medical purposes; wearable monitoring apparatus, namely, wearable computer peripherals and wearable computers for biosignal detection; computer interfaces, software and firmware for for operating and editing data retrieved from the aforementioned goodsClass 009 for Wrist devices, namely, sensor for scientific use worn by humans on the wrist to gather human biometric data, GPS tracking device to be worn on the wrist of an athlete during endurance events; heart rate monitors to gather human biometric data; battery, ultrasonic, and tension testers, sensors for scientific use to be worn by a human to gather biometric data relating to the heart and electric, optical, and temperature sensors, peripheral devices in the nature of wearable computer peripherals, wireless computer peripherals, and computer peripheral systems comprised wearable computer peripherals, sensors for scientific use to be worn by a human to gather human biometric data; all of the forgoing used for scientific purposes and not for medical purposes, for measuring and recording different physiological data, biosignals and exercise parameters, namely, blood oxygenation, heart rate, heart rate variability, electrocardiogram, blood pressure, ventilation-perfusion ratio, body temperature, body flexibility, body strength, body motion, skin conductivity, blood glucose, lactic acid, and also for recording, time, distance, speed, acceleration, altitude, environmental temperature, humidity and purity in the atmosphere; computer software for the synchronization of exercise databases between a remote station or device and a fixed remote station or device; computer programs for accessing, browsing and searching online exercise databases; MP3 and other digital format audio players; mobile digital electronic devices for exercise user for recording and replaying physiological data; global positioning tracking and navigation devices; wireless interfaces for computers and mobile devices in the nature of portable wrist-mounted digital electronic devices and tablet computers, both for communicating physiological data and exercise data; electronic equipment for sensing data, namely, electronic exercise and physiological sensors, not for medical use, for measuring distance walked and for displaying data obtained during exercise; programmable headphones programmed to provide training instructions depending on a person's performance during exercise; wearable digital electronic device comprised primarily of software and display screens for displaying data obtained during exercise, and also featuring a wristwatch, not for medical purposes; wearable monitoring apparatus, namely, wearable computer peripherals and wearable computers for biosignal detection; computer interfaces, software and firmware for for operating and editing data retrieved from the aforementioned goods

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Wrist devices, namely, portable wrist-mounted biofeedback sensors for medical use, monitors, force and motion testing apparatus for physical training, biofeedback sensors and peripheral devices, namely, heart rate monitors, respiration monitors, sensors for medical use to be worn by a human to gather human biometric data, all of the forgoing used for measuring and recording different physiological data and biosignals, namely, blood oxygenation, heart rate, heart rate variability, electrocardiogram, blood pressure, ventilation, body temperature, body flexibility, body strength, body motion, skin conductivity, blood glucose, lactic acid, and also for recording, time, distance, speed, acceleration, altitude, environmental temperature, humidity and purity, all for medical purposes
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Wrist devices, namely, portable wrist-mounted biofeedback sensors for medical use, monitors, force and motion testing apparatus for physical training, biofeedback sensors and peripheral devices, namely, heart rate monitors, respiration monitors, sensors for medical use to be worn by a human to gather human biometric data, all of the forgoing used for measuring and recording different physiological data and biosignals, namely, blood oxygenation, heart rate, heart rate variability, electrocardiogram, blood pressure, ventilation, body temperature, body flexibility, body strength, body motion, skin conductivity, blood glucose, lactic acid, and also for recording, time, distance, speed, acceleration, altitude, environmental temperature, humidity and purity, all for medical purposes; Wrist devices, namely, portable wrist-mounted biofeedback sensors for medical use, namely heart, pulse rate, respiration, blood pressure monitors, force and motion testing apparatus for physical training, biofeedback sensors and peripheral devices, namely, heart rate monitors, respiration monitors, sensors for medical use to be worn by a human to gather human¶
biometric data, all of the forgoing used for medical purposes for measuring and recording different physiological data and biosignals, namely, blood oxygenation, heart rate, heart rate variability, electrocardiogram, blood pressure, ventilation-perfusion ratio, body temperature, body flexibility, body strength, body motion, skin conductivity, blood glucose, lactic acid, and also for recording, time, distance, speed, acceleration, altitude, environmental temperature, humidity and air purity.Class 010 for Wrist devices, namely, portable wrist-mounted biofeedback sensors for medical use, namely heart, pulse rate, respiration, blood pressure monitors, force and motion testing apparatus for physical training, biofeedback sensors and peripheral devices, namely, heart rate monitors, respiration monitors, sensors for medical use to be worn by a human to gather human biometric data, all of the forgoing used for medical purposes for measuring and recording different physiological data and biosignals, namely, blood oxygenation, heart rate, heart rate variability, electrocardiogram, blood pressure, ventilation-perfusion ratio, body temperature, body flexibility, body strength, body motion, skin conductivity, blood glucose, lactic acid, and also for recording, time, distance, speed, acceleration, altitude, environmental temperature, humidity and air purity.

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, shirts, sweatshirts, athletic shorts, athletic, footwear, headgear, all of the forgoing featuring biosignal, body motion and location detection sensors that are sold as an integral component of the finished clothing, footwear, headgear, neck bands and wrist bands and that are detachable to the body
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Clothing, namely, shirts, sweatshirts, athletic shorts, athletic, footwear, headgear, all of the forgoing featuring biosignal, body motion and location detection sensors that are sold as an integral component of the finished clothing, footwear, headgear, neck bands and wrist bands and that are detachable to the body; Clothing, namely, shirts, sweatshirts, athletic shorts, athletic, footwear, headgear, namely, hats, caps, beanies, and berets, neck bands and wrist bands, all of the forgoing featuring biosignal, body motion and location detection sensors that are sold as an integral component of the finished clothing and are detachable to the bodyClass 025 for Clothing, namely, shirts, sweatshirts, athletic shorts, athletic, footwear, headgear, namely, hats, caps, beanies, and berets, neck bands and wrist bands, all of the forgoing featuring biosignal, body motion and location detection sensors that are sold as an integral component of the finished clothing and are detachable to the body

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for providing commercial information via a website about shopping opportunities that are provided by others, providing business information relating to shopping opportunities that are provided by others; providing information concerning shopping opportunities, namely, commercial sales provided by others; promoting the goods and services of others; providing a searchable online promotional guide featuring the goods and services of other vendors through links to a wide variety of websites in the fields of recreation, business, living, shopping, the home, and the internet; marketing a variety of services provided by others by disseminating information about the services of others on a global computer network
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Providing commercial information via a website about shopping opportunities that are provided by others, providing business information relating to shopping opportunities that are provided by others; providing information concerning shopping opportunities, namely, commercial sales provided by others; providing information concerning shopping opportunities, namely, information concerning commercial sales provided by others; promoting the goods and services of others; providing a searchable online promotional guide featuring the goods and services of other vendors through links to a wide variety of websites of others in the fields of recreation, business, living, shopping, the home, and the internet; providing a searchable online promotional guide featuring the goods and services of other vendors through links to a wide variety of websites in the fields of recreation, business, living, shopping, the home, and the internet; marketing a variety of services provided by others by disseminating information about the services of others on a global computer networkClass 035 for Providing commercial information via a website about shopping opportunities that are provided by others, providing business information relating to shopping opportunities that are provided by others; providing information concerning shopping opportunities, namely, information concerning commercial sales provided by others; providing a searchable online promotional guide featuring the goods and services of other vendors through links to a wide variety of websites of others in the fields of recreation, business, living, shopping, the home, and the internet; marketing a variety of services provided by others by disseminating information about the services of others on a global computer network

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

SIGNATURE(S)
Response Signature
Signature: /Thomas W. Brooke/     Date: 04/11/2016
Signatory's Name: Thomas W. Brooke
Signatory's Position: Counsel

Signatory's Phone Number: 2026637271

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 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 79158444
Internet Transmission Date: Mon Apr 11 12:23:20 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201604111223200
69803-79158444-5506dc3aaab9f17171bb41095
8dc41422e10739ccf7b50bb93733f2b2b069cc-N
/A-N/A-20160411115242709251