TEAS Petition to Revive Abandon Applic

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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 10/31/2017)

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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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 10/31/2017)

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 87047739 TREAD(Standard Characters, see http://uspto.report/TM/87047739/mark.png) has been amended as follows: PETITION Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.RESPONSE TO OFFICE ACTION

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

Applicant respectfully disagrees that there's a likelihood of confusion. 1. The trademark owner of "Tread Fitness" has relocated and is totally out of the fitness industry. That proprietor has been Chief Operating Officer for a coffee company for 3 years now. As such he's no longer using the mark in commerce and there has been no assignment of the mark filed. There can be no confusion when that mark is in total non-use. 2. The prior mark TREAD is not in the same market space. They merely do assessments and rehab. They do not offer public fitness classes. And applicant does not do assessments or rehab, rather, applicant's classes are recreational. To further clarify this, applicant is specifically excluding such in its description of services. Applicant also respectfully disagrees that TREAD is merely descriptive. Such a determination is even contradictory to the examiner's recitation of a prior registered mark on the principal register as presenting likelihood of confusion. Tread-related exercises at applicant's facility is a mere portion of its offerings. Rather, TREAD is their branded identification for a plethora of exercise offerings. Please reconsider.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Physical fitness studio services, namely, providing exercise classes, body sculpting classes and group fitness classes
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: Physical fitness studio services, namely, providing exercise classes, body sculpting classes and group fitness classes; Physical fitness studio services, namely, providing exercise classes, body sculpting classes and group fitness classes, but excluding assessments and rehabClass 041 for Physical fitness studio services, namely, providing exercise classes, body sculpting classes and group fitness classes, but excluding assessments and rehab
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.

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)

Signature: /C. Russell Riddle/      Date: 05/12/2017
Signatory's Name: C. Russell Riddle
Signatory's Position: Attorney of Record
Signatory's Phone Number: 214.663.4791


Response Signature
Signature: /C. Russell Riddle/     Date: 05/12/2017
Signatory's Name: C. Russell Riddle
Signatory's Position: Attorney of Record

Signatory's Phone Number: 214.663.4791

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/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 applicant 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/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.

        
RAM Sale Number: 87047739
RAM Accounting Date: 05/12/2017
        
Serial Number: 87047739
Internet Transmission Date: Fri May 12 11:29:14 EDT 2017
TEAS Stamp: USPTO/POA-XX.XXX.XXX.XXX-201705121129145
65664-87047739-5906a2f24b55ef6cfbc2d8cf0
e5d9e9464d1bf3efb195f39a803a25507ae56f2-
CC-9016-20170512112357600204