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 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87596074 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://uspto.report/TM/87596074/mark.png |
LITERAL ELEMENT |
HIIT CAMP |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_1082148368-20180613203940390542_._World_Gym_-_Response_to_Office_Action__HIIT_CAMP_.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\875\960\87596074\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\875\960\87596074\xml4\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\875\960\87596074\xml4\ROA0004.JPG |
GOODS AND/OR SERVICES SECTION (025)(current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
clothing, namely, shirts, tank tops, shorts, pants, sweat bands, sweat suits, jackets, hats, gloves, socks, footwear |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(proposed) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
clothing, namely, shirts, tank tops, shorts, pants, sweat bands, sweat suits, jackets, hats, gloves, socks, footwear |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
gymnasium services; health club services, namely, providing instruction and equipment in the field of physical exercise; providing
exercise and fitness facilities; conducting exercise classes; conducting seminars on nutrition and fitness; providing personal instruction on nutrition, exercise and physical fitness; providing mixed
martial arts training and fitness training; providing boxing training and fitness training; providing kickboxing training and fitness training; conducting bodybuilding, mixed martial arts, athletic,
and sports exhibitions, competitions, and contests |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
gymnasium services; Gymnasium services, namely, providing
gymnasiums; health club services, namely, providing instruction and equipment in the field of physical exercise; providing exercise and fitness
facilities; conducting exercise classes; conducting seminars on nutrition and fitness; educational services, namely, conducting seminars on nutrition and fitness; providing personal instruction on nutrition, exercise and physical
fitness; educational services, namely, conducting personal training in the fields of nutrition, exercise and physical fitness; providing mixed martial arts training and fitness training; providing mixed martial arts training and physical fitness training; providing boxing training and fitness training; providing boxing training and physical fitness training; providing kickboxing training and fitness training; providing kickboxing training and physical fitness training; conducting bodybuilding, mixed martial arts, athletic, and sports exhibitions, competitions, and contests; conducting bodybuilding, mixed martial arts,
athletic, and sports exhibitions, competitions, and contests. |
FINAL DESCRIPTION |
Gymnasium services, namely, providing gymnasiums; health club services, namely, providing instruction and equipment in the field of
physical exercise; providing exercise and fitness facilities; conducting exercise classes; educational services, namely, conducting seminars on nutrition and fitness; educational services, namely,
conducting personal training in the fields of nutrition, exercise and physical fitness; providing mixed martial arts training and physical fitness training; providing boxing training and physical
fitness training; providing kickboxing training and physical fitness training; conducting bodybuilding, mixed martial arts, athletic, and sports exhibitions, competitions, and contests. |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/mm/ |
SIGNATORY'S NAME |
Michelle Millard |
SIGNATORY'S POSITION |
Associate Attorney, Fayer Gipson LLP, California Bar Member |
SIGNATORY'S PHONE NUMBER |
310-557-3558 |
DATE SIGNED |
06/13/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jun 13 20:43:23 EDT 2018 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XX-2
0180613204323931283-87596
074-61098b670315968ff7e65
be17fd6bd41cff283d1c5c513
66e3b2ac6b13b4e8a324-N/A-
N/A-20180613203940390542 |
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 09/20/2020) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
87596074 HIIT CAMP(Standard Characters, see http://uspto.report/TM/87596074/mark.png) has been amended as follows:
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
Original PDF file:
evi_1082148368-20180613203940390542_._World_Gym_-_Response_to_Office_Action__HIIT_CAMP_.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 025 for clothing, namely, shirts, tank tops, shorts, pants, sweat bands, sweat suits, jackets, hats, gloves, socks, footwear
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: Class 025 for clothing, namely, shirts, tank tops, shorts, pants, sweat bands, sweat suits, jackets, hats, gloves, socks, footwear
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for gymnasium services; health club services, namely, providing instruction and equipment in the field of physical exercise; providing exercise and fitness facilities;
conducting exercise classes; conducting seminars on nutrition and fitness; providing personal instruction on nutrition, exercise and physical fitness; providing mixed martial arts training and
fitness training; providing boxing training and fitness training; providing kickboxing training and fitness training; conducting bodybuilding, mixed martial arts, athletic, and sports exhibitions,
competitions, and contests
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: gymnasium services;
Gymnasium services, namely, providing gymnasiums;
health club services, namely, providing instruction and equipment in the field of physical exercise;
providing exercise and fitness facilities;
conducting exercise classes;
conducting seminars on nutrition and fitness;
educational services, namely,
conducting seminars on nutrition and fitness;
providing personal instruction on nutrition, exercise and physical fitness;
educational services, namely, conducting personal training in the fields of nutrition, exercise and physical fitness;
providing mixed martial arts
training and fitness training;
providing mixed martial arts training and physical fitness training;
providing boxing
training and fitness training;
providing boxing training and physical fitness training;
providing kickboxing training and
fitness training;
providing kickboxing training and physical fitness training;
conducting bodybuilding, mixed martial
arts, athletic, and sports exhibitions, competitions, and contests;
conducting bodybuilding, mixed martial arts, athletic, and sports exhibitions, competitions,
and contests.Class 041 for Gymnasium services, namely, providing gymnasiums; health club services, namely, providing instruction and equipment in the field of physical exercise; providing
exercise and fitness facilities; conducting exercise classes; educational services, namely, conducting seminars on nutrition and fitness; educational services, namely, conducting personal training in
the fields of nutrition, exercise and physical fitness; providing mixed martial arts training and physical fitness training; providing boxing training and physical fitness training; providing
kickboxing training and physical fitness training; conducting bodybuilding, mixed martial arts, athletic, and sports exhibitions, competitions, and contests.
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: /mm/ Date: 06/13/2018
Signatory's Name: Michelle Millard
Signatory's Position: Associate Attorney, Fayer Gipson LLP, California Bar Member
Signatory's Phone Number: 310-557-3558
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: 87596074
Internet Transmission Date: Wed Jun 13 20:43:23 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2018061320432393
1283-87596074-61098b670315968ff7e65be17f
d6bd41cff283d1c5c51366e3b2ac6b13b4e8a324
-N/A-N/A-20180613203940390542