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. 86957042 MYPROTEIN(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86957042/large) has been amended as follows:

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

The Examining Attorney refused registration of the present application for MYPROTEIN in Class 25 on the grounds of a likelihood of confusion with the mark MYPROTEIN in cited U.S. Registration No. 4766288.  Applicant traverses this refusal in Class 25 and hereby submits a Consent to Use and Registration Agreement entered into by the Applicant and the owner of cited Registration No. 4766288.  Accordingly, Applicant requests that the Examining Attorney withdraw the outstanding refusal and approve the application for publication.  

EVIDENCE
Evidence in the nature of A Consent to Use and Register Agreement with the registered owner of U.S. Registration No. 4766288. has been attached.
Original PDF file:
evi_3810424786-20160927142251517918_._MyProteinSignedConsent.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Articles of leather or imitation leather; bags, rucksacks, gym bags, all-purpose sports bags, athlete bags, back packs, beach bags, book bags, duffel bags, tote bags, boot bags for travel, drawstring bags, barrel bags, satchels, hand bags, brief cases, wallets, purses, coin purses, fanny packs, knapsacks, waist packs, umbrellas, parasols
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.

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 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[ European Union Trademark - EUTM application number 015264377 filed 03/23/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Articles of leather or imitation leather; Articles of leather or imitation leather, namely, leather bags, leather rucksacks, leather gym bags, leather all-purpose sports bags, leather athletic bags, leather back packs, leather beach bags, leather book bags, leather duffel bags, leather tote bags, leather boot bags for travel, leather drawstring bags, leather barrel bags, leather satchels, leather hand bags, leather brief cases, leather wallets, leather purses, leather coin purses, leather fanny packs, leather knapsacks, leather waist packs, leather cases for cosmetics and toiletries, leather business card cases and credit card cases; bags, rucksacks, gym bags, all-purpose sports bags, athlete bags, back packs, beach bags, book bags, duffel bags, tote bags, boot bags for travel, drawstring bags, barrel bags, satchels, hand bags, brief cases, wallets, purses, coin purses, fanny packs, knapsacks, waist packs, umbrellas, parasols; bags, namely, rucksacks, gym bags, all-purpose sports bags, athletic bags, back packs, beach bags, book bags, duffel bags, tote bags, boot bags for travel, drawstring bags, barrel bags, satchels, hand bags, brief cases, wallets, purses, coin purses, fanny packs, knapsacks, waist packs, cases for cosmetics and toiletries, leather business card cases and credit card cases; umbrellas, parasolsClass 018 for Articles of leather or imitation leather, namely, leather bags, leather rucksacks, leather gym bags, leather all-purpose sports bags, leather athletic bags, leather back packs, leather beach bags, leather book bags, leather duffel bags, leather tote bags, leather boot bags for travel, leather drawstring bags, leather barrel bags, leather satchels, leather hand bags, leather brief cases, leather wallets, leather purses, leather coin purses, leather fanny packs, leather knapsacks, leather waist packs, leather cases for cosmetics and toiletries, leather business card cases and credit card cases; bags, namely, rucksacks, gym bags, all-purpose sports bags, athletic bags, back packs, beach bags, book bags, duffel bags, tote bags, boot bags for travel, drawstring bags, barrel bags, satchels, hand bags, brief cases, wallets, purses, coin purses, fanny packs, knapsacks, waist packs, cases for cosmetics and toiletries, leather business card cases and credit card cases; umbrellas, parasols
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.

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 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 [ European Union Trademark - EUTM application number 015264377 filed 03/23/2016]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Textile articles; bed linen, duvet covers, pillow cases, sheets, blankets; table linen, table cloths, napkins; handkerchiefs; curtains, blinds; flags; towels, beach towels, gym towels, bath towels, hand-towels, golf towels, hooded towels, bathroom towels; textile wall hangings; carpets, rugs; face towels, tea towels, flannels; place mats; silk fabrics
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.

Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Textile articles; Bed linen, duvet covers, pillow cases, bed sheets, bed blankets; bed linen, duvet covers, pillow cases, sheets, blankets; table linen, table cloths of textile, table cloths not of paper, table napkins of textile; table linen, table cloths, napkins; handkerchiefs; curtains, flags, namely, brocade flags, cloth flags, fabric flags, nylon flags; curtains, blinds; towels, beach towels, gym towels, bath towels, hand-towels, golf towels, hooded towels, bathroom towels; flags; textile wall hangings; face towels, tea towels, flannels; place mats, namely, place mats of textile material, place mats, not of paper, plastic place mats and vinyl place mats; carpets, rugs; silk fabrics; place matsClass 024 for Bed linen, duvet covers, pillow cases, bed sheets, bed blankets; table linen, table cloths of textile, table cloths not of paper, table napkins of textile; handkerchiefs; curtains, flags, namely, brocade flags, cloth flags, fabric flags, nylon flags; towels, beach towels, gym towels, bath towels, hand-towels, golf towels, hooded towels, bathroom towels; textile wall hangings; face towels, tea towels, flannels; place mats, namely, place mats of textile material, place mats, not of paper, plastic place mats and vinyl place mats; silk fabrics
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.

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 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 [ __________ application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing; footwear; headgear; articles of sports clothing, sports footwear and sports headgear; athletic uniforms, warm-up suits, jogging suits, tops, tank tops, vests, shirts, T-shirts, sweatshirts, jackets, hoodies, sleeveless hoodies, pullovers, coats, raincoats, pants, trousers, shorts, rainwear, bras, sports bras, tights, athletic tights, leggings, sweatpants, yoga pants, blouses, dresses, skirts, suspenders, sweaters, shoes, boots, sneakers, sandals, booties, slipper socks, swimwear, scarves, dressing gowns, boxer shorts, socks; hats, caps, sun visors, beanie hats, bandanas, sleepwear, pyjamas, slippers, underwear, lingerie, wrist bands, sweatbands, head bands, ties, robes, gloves, belts
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.

Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Clothing; Clothing, namely, athletic uniforms, warm-up suits, jogging suits, tops, tank tops, vests, shirts, T-shirts, sweatshirts, jackets, hoodies, sleeveless hoodies, pullovers, coats, raincoats, pants, trousers, shorts, rainwear, bras, sports bras, tights, athletic tights, leggings, sweatpants, yoga pants, blouses, dresses, skirts, suspenders, sweaters; footwear; headgear; headgear, namely, hats, caps, sun visors, beanie hats, bandanas; articles of sports clothing, sports footwear and sports headgear; sports footwear and headwear; athletic uniforms, warm-up suits, jogging suits, tops, tank tops, vests, shirts, T-shirts, sweatshirts, jackets, hoodies, sleeveless hoodies, pullovers, coats, raincoats, pants, trousers, shorts, rainwear, bras, sports bras, tights, athletic tights, leggings, sweatpants, yoga pants, blouses, dresses, skirts, suspenders, sweaters, shoes, boots, sneakers, sandals, booties, slipper socks, swimwear, scarves, dressing gowns, boxer shorts, socks; swimwear, scarves, dressing gowns, boxer shorts, socks; hats, caps, sun visors, beanie hats, bandanas, sleepwear, pyjamas, slippers, underwear, lingerie, wrist bands, sweatbands, head bands, ties, robes, gloves, belts; sleepwear, pajamas, slippers, underwear, lingerie, wrist bands, sweatbands, head bands, ties, robes, gloves, beltsClass 025 for Clothing, namely, athletic uniforms, warm-up suits, jogging suits, tops, tank tops, vests, shirts, T-shirts, sweatshirts, jackets, hoodies, sleeveless hoodies, pullovers, coats, raincoats, pants, trousers, shorts, rainwear, bras, sports bras, tights, athletic tights, leggings, sweatpants, yoga pants, blouses, dresses, skirts, suspenders, sweaters; footwear; headgear, namely, hats, caps, sun visors, beanie hats, bandanas; sports footwear and headwear; swimwear, scarves, dressing gowns, boxer shorts, socks; sleepwear, pajamas, slippers, underwear, lingerie, wrist bands, sweatbands, head bands, ties, robes, gloves, belts
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.

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 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 [ __________ application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Games and playthings; gymnastic and sporting articles, equipment and apparatus not included in other classes; exercise and fitness apparatus and instruments; body-training apparatus and instruments; body rehabilitation apparatus and instruments; yoga equipment and apparatus; bags specially adapted for sports equipment; bags adapted to carry sports implements; exercise balls, exercise mats, wheels for body rolling, exercise ropes, dumb-bells, barbells, kettle-bells, wrist weights, resistance cables, resistance bands, straps for weightlifting and exercise, foam rollers, belts for weightlifting, chalk for weightlifting, barbell and dumbbell attachments for altering grip size
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.

Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Games and playthings; Games and playthings, namely, board games, card games, parlour games, table football style games, teddy bears, plush toys, soft sculpture toys, ride-on toys, toy vehicles, dolls, flying discs, jigsaw puzzles, cube puzzles, manipulative puzzles, water squirting toys, play swimming or paddling pools, balloons, electronic action toys and games, interactive game consoles, namely, computer game consoles for use with an external display screen or monitor, video game consoles, and handheld game consoles; gymnastic and sporting articles, equipment and apparatus not included in other classes; games and playthings, namely, gaming equipment, namely, game controllers, joysticks, interactive hand held remote controls, gaming headsets for playing a computer game; exercise and fitness apparatus and instruments; gymnastic and sporting articles, namely, balance beams, plyometric boxes, climbing units, stretch bands for fitness purposes, chest pulls, abdominal boards, inflatable balls, exercise recovery balls, muscle roller sticks, hand wraps, kinesiology tape, athletic wrist and joint supports, striking shields, striking bags, tackle bags, punch pads, boxing gloves, weightlifting gloves, guards for the mouth, nose, chin, head, elbows, shins and knees, rings, cones, speed ladders, coaching sticks, training arches, ankle bands, resistance chutes, hurdles, pumps for inflating rings and cones for use in speed training, sports balls, sporting balls, footballs, rackets, grip bands for rackets, bats, racket cases, string for rackets, skis, ski poles, ski brakes; body-training apparatus and instruments; exercise and fitness apparatus and instruments, namely, manually-operated exercise equipment, stationery cycles, rowing machines, weight lifting machines, powered treadmills for running, virtual reality training cycles, stair stepping machines, resistance machines, training bars, weight lifting benches, squat racks; body rehabilitation apparatus and instruments; yoga equipment and apparatus, namely, yoga bags, foam blocks, foam bricks, foam wedges, stability blocks, yoga bolsters, yoga belts, yoga mats, yoga swings; yoga equipment and apparatus; bags specially adapted for sports equipment; bags adapted to carry sports implements; exercise balls, personal exercise mats, abdominal roller exercise wheels, jump ropes, skipping ropes, dumb-bells, barbells, kettle-bells, exercise wrist weights, exercise equipment in the nature of straps that are affixed to cable machines, doors, walls and exercise equipment for performance of weight resistance exercises; exercise balls, exercise mats, wheels for body rolling, exercise ropes, dumb-bells, barbells, kettle-bells, wrist weights, resistance cables, resistance bands, straps for weightlifting and exercise, foam rollers, belts for weightlifting, chalk for weightlifting, barbell and dumbbell attachments for altering grip size; foam massage rollers, belts for weightlifting, chalk to improve hand grip for weightlifting, barbell and dumbbell attachments for altering grip sizeClass 028 for Games and playthings, namely, board games, card games, parlour games, table football style games, teddy bears, plush toys, soft sculpture toys, ride-on toys, toy vehicles, dolls, flying discs, jigsaw puzzles, cube puzzles, manipulative puzzles, water squirting toys, play swimming or paddling pools, balloons, electronic action toys and games, interactive game consoles, namely, computer game consoles for use with an external display screen or monitor, video game consoles, and handheld game consoles; games and playthings, namely, gaming equipment, namely, game controllers, joysticks, interactive hand held remote controls, gaming headsets for playing a computer game; gymnastic and sporting articles, namely, balance beams, plyometric boxes, climbing units, stretch bands for fitness purposes, chest pulls, abdominal boards, inflatable balls, exercise recovery balls, muscle roller sticks, hand wraps, kinesiology tape, athletic wrist and joint supports, striking shields, striking bags, tackle bags, punch pads, boxing gloves, weightlifting gloves, guards for the mouth, nose, chin, head, elbows, shins and knees, rings, cones, speed ladders, coaching sticks, training arches, ankle bands, resistance chutes, hurdles, pumps for inflating rings and cones for use in speed training, sports balls, sporting balls, footballs, rackets, grip bands for rackets, bats, racket cases, string for rackets, skis, ski poles, ski brakes; exercise and fitness apparatus and instruments, namely, manually-operated exercise equipment, stationery cycles, rowing machines, weight lifting machines, powered treadmills for running, virtual reality training cycles, stair stepping machines, resistance machines, training bars, weight lifting benches, squat racks; yoga equipment and apparatus, namely, yoga bags, foam blocks, foam bricks, foam wedges, stability blocks, yoga bolsters, yoga belts, yoga mats, yoga swings; bags specially adapted for sports equipment; bags adapted to carry sports implements; exercise balls, personal exercise mats, abdominal roller exercise wheels, jump ropes, skipping ropes, dumb-bells, barbells, kettle-bells, exercise wrist weights, exercise equipment in the nature of straps that are affixed to cable machines, doors, walls and exercise equipment for performance of weight resistance exercises; foam massage rollers, belts for weightlifting, chalk to improve hand grip for weightlifting, barbell and dumbbell attachments for altering grip size
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.

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 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 [ __________ application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

SIGNATURE(S)
Response Signature
Signature: /DM/     Date: 09/27/2016
Signatory's Name: Donna Mirman
Signatory's Position: Attorney

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: 86957042
Internet Transmission Date: Tue Sep 27 14:37:54 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2016092714375492
8941-86957042-55080746afb9032d9e6eaabfa5
053c151dea660e1724982add34e4ddc54a1254d2
-N/A-N/A-20160927142251517918