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. 86459030 MEGAFORMER M3S (Stylized and/or with Design, see http://uspto.report/TM/86459030/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: MEGAFORMER M3S (Stylized and/or with Design, see http://uspto.report/TM/86459030/mark.png)
Proposed: MEGAFORMER M3S (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of a three-dimensional configuration of the non-functional aspects of an exercise machine known as the Megaformer M3S. The literal element of the mark consists the words MEGAFORMER M3S written on the rails; the design element of the mark consist of two platforms and a carriage; the top and bottom of the (middle) sliding carriage and the (front and back) stationary platforms having edges which are non-perpendicular to the sides; inwardly tapering lateral sides of the (middle) sliding carriage; side edges of the (middle) sliding carriage and the (front and back) stationary platforms substantially overhanging over the rails. The broken lines indicate placement of the mark on the goods and are not part of the mark.

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of 1. Response Document 2. Glamour Magazine Article part of Exhibit A 3. New York Times Article part of Exhibit A 4. Time Magazine Article part of Exhibit A 5. National Fitness Trade Journal part of Exhibit A 6. Details Magazine part of Exhibit A 7. DC Life Magazine part of Exhibit A has been attached.
JPG file(s):
Evidence-1
Original PDF file:
evi_17224847212-20150609171916945826_._M3S_Response_2.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_1-17224847212-20150609171916945826_._Glamour.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_17224847212-20150609171916945826_._Time_Magazine.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_17224847212-20150609171916945826_._National_Fitness_Trade_Journal.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_17224847212-20150609171916945826_._Details_Magazine.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_17224847212-20150609171916945826_._DC_Life_Magazine.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

SIGNATURE(S)
Response Signature
Signature: /bl/     Date: 06/09/2015
Signatory's Name: Benjamin Laski
Signatory's Position: Attorney of Record

Signatory's Phone Number: (310) 454-5280

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: 86459030
Internet Transmission Date: Tue Jun 09 17:36:25 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201506091736250
32319-86459030-53091df5cc9293df477ef118c
f8ca2b9bd7a679b2920dbfa5e5de2ff24ec571b6
-N/A-N/A-20150609171916945826