Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85715363 AZUMIO(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85715363) 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 009 for Computer application software for mobile phones, portable media players, and handheld computers for use in personal health, wellness, and fitness
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Computer application software for mobile phones, portable media players, and handheld computers for use in personal health, wellness, and fitness; Computer application software for mobile phones, portable media players, and handheld computers for collecting, storing, sharing, and managing personal health and fitness information in the field of personal health, wellness, and fitness; Computer application software for mobile phones, portable media players, and handheld computers for providing the user with instruction in the field of personal health, wellness, and fitnessClass 009 for Computer application software for mobile phones, portable media players, and handheld computers for collecting, storing, sharing, and managing personal health and fitness information in the field of personal health, wellness, and fitness; Computer application software for mobile phones, portable media players, and handheld computers for providing the user with instruction in the field of personal health, wellness, and fitness
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
TODD S. BONTEMPS
COOLEY LLP
777 6TH ST NW STE 1100
WASHINGTON
District of Columbia (DC)
US
20001-3706

Proposed:
TODD S. BONTEMPS of COOLEY LLP, having an address of
1299 Pennsylvania Avenue NW, Suite 700 1299 PENNSYLVANIA AVE NW STE 700 WASHINGTON, District of Columbia 20004
United States
trademarks@cooley.com;mgutknecht@cooley.com
650-843-5000
650-857-0663



SIGNATURE(S)
Response Signature
Signature: /John Paul Oleksiuk/     Date: 06/25/2013
Signatory's Name: John Paul Oleksiuk
Signatory's Position: Attorney of Record, CA bar member

Signatory's Phone Number: 3108836427

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.

Mailing Address:    TODD S. BONTEMPS
   COOLEY LLP
   1299 Pennsylvania Avenue NW, Suite 700
   1299 PENNSYLVANIA AVE NW STE 700
   WASHINGTON, District of Columbia 20004
        
Serial Number: 85715363
Internet Transmission Date: Tue Jun 25 20:47:37 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201306252047373
48609-85715363-500f4b52d15634cb59e2ba04f
62b3315b1737d6244b34f56cd53c182210fde3d3
-N/A-N/A-20130625204434705378