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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER | 87075917 |
LAW OFFICE ASSIGNED | LAW OFFICE 109 |
MARK SECTION |
MARK FILE NAME | http://tmng-al.uspto.gov/resting2/api/img/87075917/large |
LITERAL ELEMENT | VENUM |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE | NO |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS | 041 |
DESCRIPTION |
Education; providing of training; entertainment; sporting and cultural activities; provision of information relating to entertainment or education; sports club services; sports and fitness; operation of physical fitness centres; rental of sports grounds; booking of sports facilities; providing sports facilities; provision of information relating to sports; sports tuition, coaching and instruction; provision of sporting club facilities; providing sports training facilities; rental of sports equipment, except vehicles; organization of competitions; arranging and conducting of conferences, congresses, symposiums or seminars; exercise classes; supervision of physical exercise; provision of health club facilities; provision of information relating to physical exercises via an online web site; arranging and conducting of workshops; organizing of exhibitions for cultural, sports or educational purposes; club services; sport camp services; organizing of sporting events, competitions and sporting tournaments; publication of texts, other than publicity texts, including on the Internet; providing electronic publications; coaching; instruction in weight training; gymnasium services relating to weight training; publication of books; library services; tuition; tuition in sports; videotape production; rental of motion pictures; rental of sound recordings; rental of videocassettes recorders, radio and television sets; lease of scenery; videotape editing; photography; booking of seats for shows; game services provided on-line from a computer network; gambling; publication of electronic books and journals on-line; electronic desktop publishing; provision of information, assistance and advice regarding all the aforementioned services |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS | 041 |
TRACKED TEXT DESCRIPTION |
Education; Education, namely, providing courses of instructions in the field of sports, fitness and physical exercise; providing of training; providing of training in the field of sports, fitness and physical exercise; entertainment; entertainment, namely conducting of entertainment events, organizing of entertainment competitions, providing entertainment information via a website; sporting and cultural activities; organizing community sporting and cultural activities; provision of information relating to entertainment or education; provision of information relating to entertainment and information on education; sports club services; sports club services, namely providing instruction and equipment in the field of sports, fitness and physical exercise; sports and fitness; providing facilities for sports and fitness training; operation of physical fitness centres; rental of sports grounds; booking of sports facilities; providing sports facilities; provision of information relating to sports; sports tuition, coaching and instruction; sports coaching and instruction; provision of sporting club facilities; providing sports training facilities; rental of sports equipment, except vehicles; organization of competitions; organization of sports competitions; arranging and conducting of conferences, congresses, symposiums or seminars; arranging and conducting of conferences, congresses, symposiums or seminars in the field of sports, fitness and physical exercise not for business purposes; exercise classes; supervision of physical exercise; supervision of physical exercise classes; provision of health club facilities; provision of information relating to physical exercises via an online web site; arranging and conducting of workshops; arranging and conducting of workshops in the field of sports, fitness and physical exercise; organizing of exhibitions for cultural, sports or educational purposes; organizing of exhibitions for cultural, sports or education purposes; club services; health and fitness club services; sport camp services; organizing of sporting events, competitions and sporting tournaments; publication of texts, other than publicity texts, including on the Internet; providing electronic publications; providing non-downloadable electronic publications in the nature of books, brochures, newsletters and journals in the field of sports, fitness and physical exercise; coaching; personal coaching services in the field of sports, fitness and physical exercise; instruction in weight training; gymnasium services relating to weight training; gymnasium services in the nature of providing instruction, equipment and facilities relating to weight training; publication of books; library services; tuition; videotape film production; tuition in sports; rental of motion pictures; videotape production; rental of sound recordings; rental of videocassettes recorders, radio and television sets; lease of show scenery; videotape editing; lease of scenery; photography; booking of seats for shows; electronic game services provided on-line from a computer network; gambling services; game services provided on-line from a computer network; publication of electronic books and journals on-line; gambling; electronic desktop publishing; provision of information, assistance and advice regarding all the aforementioned services |
FINAL DESCRIPTION |
Education, namely, providing courses of instructions in the field of sports, fitness and physical exercise; providing of training in the field of sports, fitness and physical exercise; entertainment, namely conducting of entertainment events, organizing of entertainment competitions, providing entertainment information via a website; organizing community sporting and cultural activities; provision of information relating to entertainment and information on education; sports club services, namely providing instruction and equipment in the field of sports, fitness and physical exercise; providing facilities for sports and fitness training; operation of physical fitness centres; rental of sports grounds; booking of sports facilities; providing sports facilities; provision of information relating to sports; sports coaching and instruction; provision of sporting club facilities; providing sports training facilities; rental of sports equipment, except vehicles; organization of sports competitions; arranging and conducting of conferences, congresses, symposiums or seminars in the field of sports, fitness and physical exercise not for business purposes; exercise classes; supervision of physical exercise classes; provision of health club facilities; provision of information relating to physical exercises via an online web site; arranging and conducting of workshops in the field of sports, fitness and physical exercise; organizing of exhibitions for cultural, sports or education purposes; health and fitness club services; sport camp services; organizing of sporting events, competitions and sporting tournaments; publication of texts, other than publicity texts, including on the Internet; providing non-downloadable electronic publications in the nature of books, brochures, newsletters and journals in the field of sports, fitness and physical exercise; personal coaching services in the field of sports, fitness and physical exercise; instruction in weight training; gymnasium services in the nature of providing instruction, equipment and facilities relating to weight training; publication of books; library services; videotape film production; rental of motion pictures; rental of sound recordings; rental of videocassettes recorders, radio and television sets; lease of show scenery; videotape editing; photography; booking of seats for shows; electronic game services provided on-line from a computer network; gambling services; publication of electronic books and journals on-line; electronic desktop publishing; provision of information, assistance and advice regarding all the aforementioned services |
FILING BASIS | Section 1(b) |
SIGNATURE SECTION |
DECLARATION SIGNATURE
| /FD/ |
SIGNATORY'S NAME
| Franck Dupuis |
SIGNATORY'S POSITION | CEO |
SIGNATORY'S PHONE NUMBER | 000.000.0000 |
DATE SIGNED
| 10/03/2016 |
RESPONSE SIGNATURE
| /Aaron Y. Silverstein/ |
SIGNATORY'S NAME
| Aaron Y. Silverstein |
SIGNATORY'S POSITION | Attorney of record, Massachusetts bar member |
SIGNATORY'S PHONE NUMBER | +1.978.463.9100 |
DATE SIGNED
| 10/03/2016 |
AUTHORIZED SIGNATORY
|
YES
|
FILING INFORMATION SECTION
|
SUBMIT DATE | Mon Oct 03 07:12:55 EDT 2016 |
TEAS STAMP | USPTO/ROA-XX.XX.XXX.XXX-2 0161003071255900141-87075 917-570ee13ad667cd9d87d01 d42cf15740c59f71853adcf16 442ec74c13ae519a44d-N/A-N /A-20161002150250707257 |
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.
87075917 VENUM (Stylized and/or with Design, see http://tmng-al.uspto.gov/resting2/api/img/87075917/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
041
for
Education; providing of training; entertainment; sporting and cultural activities; provision of information relating to entertainment or education; sports club services; sports and fitness; operation of physical fitness centres; rental of sports grounds; booking of sports facilities; providing sports facilities; provision of information relating to sports; sports tuition, coaching and instruction; provision of sporting club facilities; providing sports training facilities; rental of sports equipment, except vehicles; organization of competitions; arranging and conducting of conferences, congresses, symposiums or seminars; exercise classes; supervision of physical exercise; provision of health club facilities; provision of information relating to physical exercises via an online web site; arranging and conducting of workshops; organizing of exhibitions for cultural, sports or educational purposes; club services; sport camp services; organizing of sporting events, competitions and sporting tournaments; publication of texts, other than publicity texts, including on the Internet; providing electronic publications; coaching; instruction in weight training; gymnasium services relating to weight training; publication of books; library services; tuition; tuition in sports; videotape production; rental of motion pictures; rental of sound recordings; rental of videocassettes recorders, radio and television sets; lease of scenery; videotape editing; photography; booking of seats for shows; game services provided on-line from a computer network; gambling; publication of electronic books and journals on-line; electronic desktop publishing; provision of information, assistance and advice regarding all the aforementioned services
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: Education; Education, namely, providing courses of instructions in the field of sports, fitness and physical exercise; providing of training; providing of training in the field of sports, fitness and physical exercise; entertainment; entertainment, namely conducting of entertainment events, organizing of entertainment competitions, providing entertainment information via a website; sporting and cultural activities; organizing community sporting and cultural activities; provision of information relating to entertainment or education; provision of information relating to entertainment and information on education; sports club services; sports club services, namely providing instruction and equipment in the field of sports, fitness and physical exercise; sports and fitness; providing facilities for sports and fitness training; operation of physical fitness centres; rental of sports grounds; booking of sports facilities; providing sports facilities; provision of information relating to sports; sports tuition, coaching and instruction; sports coaching and instruction; provision of sporting club facilities; providing sports training facilities; rental of sports equipment, except vehicles; organization of competitions; organization of sports competitions; arranging and conducting of conferences, congresses, symposiums or seminars; arranging and conducting of conferences, congresses, symposiums or seminars in the field of sports, fitness and physical exercise not for business purposes; exercise classes; supervision of physical exercise; supervision of physical exercise classes; provision of health club facilities; provision of information relating to physical exercises via an online web site; arranging and conducting of workshops; arranging and conducting of workshops in the field of sports, fitness and physical exercise; organizing of exhibitions for cultural, sports or educational purposes; organizing of exhibitions for cultural, sports or education purposes; club services; health and fitness club services; sport camp services; organizing of sporting events, competitions and sporting tournaments; publication of texts, other than publicity texts, including on the Internet; providing electronic publications; providing non-downloadable electronic publications in the nature of books, brochures, newsletters and journals in the field of sports, fitness and physical exercise; coaching; personal coaching services in the field of sports, fitness and physical exercise; instruction in weight training; gymnasium services relating to weight training; gymnasium services in the nature of providing instruction, equipment and facilities relating to weight training; publication of books; library services; tuition; videotape film production; tuition in sports; rental of motion pictures; videotape production; rental of sound recordings; rental of videocassettes recorders, radio and television sets; lease of show scenery; videotape editing; lease of scenery; photography; booking of seats for shows; electronic game services provided on-line from a computer network; gambling services; game services provided on-line from a computer network; publication of electronic books and journals on-line; gambling; electronic desktop publishing; provision of information, assistance and advice regarding all the aforementioned services Class 041
for
Education, namely, providing courses of instructions in the field of sports, fitness and physical exercise; providing of training in the field of sports, fitness and physical exercise; entertainment, namely conducting of entertainment events, organizing of entertainment competitions, providing entertainment information via a website; organizing community sporting and cultural activities; provision of information relating to entertainment and information on education; sports club services, namely providing instruction and equipment in the field of sports, fitness and physical exercise; providing facilities for sports and fitness training; operation of physical fitness centres; rental of sports grounds; booking of sports facilities; providing sports facilities; provision of information relating to sports; sports coaching and instruction; provision of sporting club facilities; providing sports training facilities; rental of sports equipment, except vehicles; organization of sports competitions; arranging and conducting of conferences, congresses, symposiums or seminars in the field of sports, fitness and physical exercise not for business purposes; exercise classes; supervision of physical exercise classes; provision of health club facilities; provision of information relating to physical exercises via an online web site; arranging and conducting of workshops in the field of sports, fitness and physical exercise; organizing of exhibitions for cultural, sports or education purposes; health and fitness club services; sport camp services; organizing of sporting events, competitions and sporting tournaments; publication of texts, other than publicity texts, including on the Internet; providing non-downloadable electronic publications in the nature of books, brochures, newsletters and journals in the field of sports, fitness and physical exercise; personal coaching services in the field of sports, fitness and physical exercise; instruction in weight training; gymnasium services in the nature of providing instruction, equipment and facilities relating to weight training; publication of books; library services; videotape film production; rental of motion pictures; rental of sound recordings; rental of videocassettes recorders, radio and television sets; lease of show scenery; videotape editing; photography; booking of seats for shows; electronic game services provided on-line from a computer network; gambling services; publication of electronic books and journals on-line; electronic desktop publishing; provision of information, assistance and advice regarding all the aforementioned services
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)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /FD/ Date: 10/03/2016
Signatory's Name: Franck Dupuis
Signatory's Position: CEO
Signatory's Phone Number: 000.000.0000
Response Signature
Signature: /Aaron Y. Silverstein/ Date: 10/03/2016
Signatory's Name: Aaron Y. Silverstein
Signatory's Position: Attorney of record, Massachusetts bar member
Signatory's Phone Number: +1.978.463.9100
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: 87075917
Internet Transmission Date: Mon Oct 03 07:12:55 EDT 2016
TEAS Stamp:
USPTO/ROA-XX.XX.XXX.XXX-2016100307125590
0141-87075917-570ee13ad667cd9d87d01d42cf
15740c59f71853adcf16442ec74c13ae519a44d-
N/A-N/A-20161002150250707257