Response to Office Action

HIIT CAMP

World Gym International IP, LLC

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 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


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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