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. 86646720 UPRIGHT(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86646720/large) 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 Wearable digital electronic and wireless device comprised of software, display screens, sensors and monitors for tracking, sending, displaying, measuring, monitoring, recording and storing information relating to a person's posture, and providing a personalized training program for posture improvement and defined posture goals; computer software and computer interfaces for wireless data communication for tracking, receiving, processing, transmitting and displaying information relating to a person's posture; computer software for tracking, sending, viewing and storing information about a person's posture, posture improvement and goals and for providing motivation and training for posture improvement; application software for mobile phones, portable media players, handheld computers, and other electronic devices, namely, software for tracking, sending, viewing, and storing information about a person's posture and for providing information and guidance on posture improvement, personal posture motivation, and providing a personalized posture training program; downloadable electronic programs and computer software platforms that may be accessed via the internet, mobile phones, smart phones, tablet computers, computers and other wireless devices for tracking, sending, viewing, and storing information about a person's posture, posture improvement and goals, and providing a personalized training program for posture improvement
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: Wearable digital electronic and wireless device comprised of software, display screens, sensors and monitors for tracking, sending, displaying, measuring, monitoring, recording and storing information relating to a person's posture, and providing a personalized training program for posture improvement and defined posture goals; Wearable digital electronic and wireless device for non-medical purposes, namely, a system comprised of operating software, display screens, sensors and monitors for tracking, sending, displaying, measuring, monitoring, recording and storing information relating to a person's posture, and providing a personalized training program for posture improvement and defined posture goals; computer software and computer interfaces for wireless data communication for tracking, receiving, processing, transmitting and displaying information relating to a person's posture; Computer software and computer interfaces for wireless data communication for tracking, receiving, processing, transmitting and displaying information relating to a person's posture for non-medical purposes; computer software for tracking, sending, viewing and storing information about a person's posture, posture improvement and goals and for providing motivation and training for posture improvement; Computer software for tracking, sending, viewing and storing information about a person's posture, posture improvement and goals and for providing motivation and training for posture improvement for non-medical purposes; application software for mobile phones, portable media players, handheld computers, and other electronic devices, namely, software for tracking, sending, viewing, and storing information about a person's posture and for providing information and guidance on posture improvement, personal posture motivation, and providing a personalized posture training program; Application software for mobile phones, portable media players, handheld computers, and other electronic devices, namely, software for tracking, sending, viewing, and storing information about a person's posture and for providing information and guidance on posture improvement, personal posture motivation, and providing a personalized posture training program for non-medical purposes; downloadable electronic programs and computer software platforms that may be accessed via the internet, mobile phones, smart phones, tablet computers, computers and other wireless devices for tracking, sending, viewing, and storing information about a person's posture, posture improvement and goals, and providing a personalized training program for posture improvement; Downloadable electronic programs and computer software platforms that may be accessed via the internet, mobile phones, smart phones, tablet computers, computers and other wireless devices for tracking, sending, viewing, and storing information about a person's posture, posture improvement and goals, and providing a personalized training program for posture improvement for non-medical purposesClass 009 for Wearable digital electronic and wireless device for non-medical purposes, namely, a system comprised of operating software, display screens, sensors and monitors for tracking, sending, displaying, measuring, monitoring, recording and storing information relating to a person's posture, and providing a personalized training program for posture improvement and defined posture goals; Computer software and computer interfaces for wireless data communication for tracking, receiving, processing, transmitting and displaying information relating to a person's posture for non-medical purposes; Computer software for tracking, sending, viewing and storing information about a person's posture, posture improvement and goals and for providing motivation and training for posture improvement for non-medical purposes; Application software for mobile phones, portable media players, handheld computers, and other electronic devices, namely, software for tracking, sending, viewing, and storing information about a person's posture and for providing information and guidance on posture improvement, personal posture motivation, and providing a personalized posture training program for non-medical purposes; Downloadable electronic programs and computer software platforms that may be accessed via the internet, mobile phones, smart phones, tablet computers, computers and other wireless devices for tracking, sending, viewing, and storing information about a person's posture, posture improvement and goals, and providing a personalized training program for posture improvement for non-medical purposes
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.

SIGNATURE(S)
Response Signature
Signature: /Sylvia Mulholland/     Date: 09/27/2015
Signatory's Name: Sylvia Mulholland
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 323 330-9520

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: 86646720
Internet Transmission Date: Sun Sep 27 12:38:00 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2015092712380081
3267-86646720-540323279c9c0643ff727a6b33
a0759e13a8f62220663919e93411537c6f63855a
-N/A-N/A-20150927123623798115