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. 85729764 WSF (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85729764) 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 Exercise equipment, namely lifting straps, lifting belts, dipping belts, exercise and lifting gloves, wrist wraps, knee wraps, hand wraps, chalk, training gloves, liquid chalk, exercise tubing, gym bags, exercise balls, rowing machines, cycling machines, weights and exercise bars, exercise collars; yoga mats
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 00/00/2005 and first used in commerce at least as early as 00/00/2005 , and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1569193 filed 03/16/2012]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Exercise equipment, namely lifting straps, lifting belts, dipping belts, exercise and lifting gloves, wrist wraps, knee wraps, hand wraps, chalk, training gloves, liquid chalk, exercise tubing, gym bags, exercise balls, rowing machines, cycling machines, weights and exercise bars, exercise collars; Exercise equipment, namely lifting straps, lifting belts, dipping belts, exercise and lifting gloves, wrist wraps, knee wraps, hand wraps, chalk for use with exercise equipment, training gloves, liquid chalk, exercise tubing, exercise balls, rowing machines, cycling machines, weights and exercise bars, weight lifting collars; yoga matsClass 028 for Exercise equipment, namely lifting straps, lifting belts, dipping belts, exercise and lifting gloves, wrist wraps, knee wraps, hand wraps, chalk for use with exercise equipment, training gloves, liquid chalk, exercise tubing, exercise balls, rowing machines, cycling machines, weights and exercise bars, weight lifting collars; yoga mats
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 00/00/2005 and first used in commerce at least as early as 00/00/2005 , and is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1569193 filed 03/16/2012]. 15 U.S.C.Section 1126(d), as amended.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The corresponding Canadian application has not yet registered. Please maintain the Section 1(a) and 44(d) filing basis and suspend the application pending the issuance of the Canadian registration.


SIGNATURE(S)
Response Signature
Signature: /djm/     Date: 07/08/2013
Signatory's Name: Diane J. Mason
Signatory's Position: Attorney of record, California bar

Signatory's Phone Number: 415-913-4911

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: 85729764
Internet Transmission Date: Mon Jul 08 19:09:42 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XXX-2013070819094272
8393-85729764-50063b036651bd5c3ebf1db8ac
4618494d3d3a717b9d70d35551a0fbc5121097-N
/A-N/A-20130708170008714683