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)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87677075 COPPER FIT LIFE(Standard Characters, see http://uspto.report/TM/87677075/mark.png) 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 025 for compression garments; compression garments, namely, tops, bottoms, shirts, shorts; compression wear; compression wear in the nature of clothing; compression sleeves; compression sleeves worn separate and apart from blouses, shirts and other tops; compression socks; compression leggings; compression bands; compression gloves; compression headwear and compression hats; compression garments for athletic or other non-medical use in the nature of wrist, knee, elbow, and back compression bands, wraps, and belts; compression footwear for athletic or other non-medical use; clothing; clothing, namely, tops and bottoms; shirts; apparel; apparel, namely, tops and bottoms; sleepwear; loungewear; robes; sportswear; activewear; outerwear; headwear; headgear; sleeves worn separate and apart from blouses, shirts and other tops; one piece clothing for infants; undergarments; underwear; intimate apparel; camisoles; boxers; sleepwear; loungewear; hosiery; socks; slipper socks; leg warmers; cold weather accessories; hats; scarves; gloves; mittens; headbands; neck warmers; caps; ear muffs; footwear; dress shoes; casual shoes; boots; sandals; flip-flops; winter shoes; winter boots; slippers; tennis shoes; running shoes; gym shoes; athletic shoes; sneakers; sporting goods; yoga mats; yoga accessories; stability balls; exercise bands; water bottles; work out towels; small leather goods; wallets; card holders; bags; handbags; bags for tech accessories; purses; pouches; satchels; tote bags; clutches; bucket bags; shoulder bags; cross-body bags; messenger bags; backpacks; belt bags; gym bags; lunch bags; cinch sacks; toiletry bags; belts; jewelry; accessories
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: compression garments; Apparel, namely, tops and bottoms as clothing; compression garments, namely, tops, bottoms, shirts, shorts; Activewear, namely, tops as clothing, bottoms as clothing, pants, leggings, sports bras, jackets, t-shirts, tank tops, shorts, sweatshirts, and vests; compression wear; Outerwear, namely, jackets, coats, vests, hats, scarves, and gloves; compression wear in the nature of clothing; headwear; compression sleeves; sleepwear; compression sleeves worn separate and apart from blouses, shirts and other tops; loungewear; compression socks; underwear; compression leggings; camisoles; compression bands; sleeves worn separate and apart from tops; compression gloves; footwear; compression headwear and compression hats; footwear, namely insoles; compression garments for athletic or other non-medical use in the nature of wrist, knee, elbow, and back compression bands, wraps, and belts; dress shoes; compression footwear for athletic or other non-medical use; casual shoes; clothing; boots; clothing, namely, tops and bottoms; sandals; shirts; flip-flops; apparel; winter shoes; apparel, namely, tops and bottoms; winter boots; slippers; tennis shoes; running shoes; sportswear; gym shoes; activewear; athletic shoes; outerwear; sneakers; hosiery; headgear; socks; sleeves worn separate and apart from blouses, shirts and other tops; slipper socks; one piece clothing for infants; leg warmers; undergarments; hats; scarves; intimate apparel; gloves; mittens; boxers; headbands; sleepwear; neck warmers being clothing; loungewear; caps being headwear; ear muffs; robes; belts; all of the foregoing containing copper; cold weather accessories; neck warmers; caps; sporting goods; yoga mats; yoga accessories; stability balls; exercise bands; water bottles; work out towels; small leather goods; wallets; card holders; bags; handbags; bags for tech accessories; purses; pouches; satchels; tote bags; clutches; bucket bags; shoulder bags; cross-body bags; messenger bags; backpacks; belt bags; gym bags; lunch bags; cinch sacks; toiletry bags; jewelry; accessoriesClass 025 for Apparel, namely, tops and bottoms as clothing; Activewear, namely, tops as clothing, bottoms as clothing, pants, leggings, sports bras, jackets, t-shirts, tank tops, shorts, sweatshirts, and vests; Outerwear, namely, jackets, coats, vests, hats, scarves, and gloves; headwear; sleepwear; loungewear; underwear; camisoles; sleeves worn separate and apart from tops; footwear; footwear, namely insoles; dress shoes; casual shoes; boots; sandals; flip-flops; winter shoes; winter boots; slippers; tennis shoes; running shoes; gym shoes; athletic shoes; sneakers; hosiery; socks; slipper socks; leg warmers; hats; scarves; gloves; mittens; headbands; neck warmers being clothing; caps being headwear; ear muffs; robes; belts; all of the foregoing containing copper
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 hereby adds the following class of goods/services to the application:
New: Class 010 for Compression garments; Compression garments for athletic or other non-medical use in the nature of wrist, knee, elbow, ankle, and back compression bands, wraps, and belts; Compression garments, namely, tops, bottoms, shirts, shorts; Compression footwear for non-medical and athletic use; Compression sleeves worn separate and apart from blouses, shirts and other tops; Compression socks; Compression leggings; Compression gloves; all of the foregoing containing copper
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examining Attorney has requested that Applicant provide information about the following goods: "utility products; gifts; consumer products". Applicant respectfully submits that it has deleted "utility products; gifts; consumer products" from the application, obviating the need to provide information about such goods.


FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Annmary Ittan/     Date: 12/13/2018
Signatory's Name: Annmary Ittan
Signatory's Position: Attorney of Record, NJ State Bar

Signatory's Phone Number: 212-292-5390

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.

        
RAM Sale Number: 87677075
RAM Accounting Date: 12/14/2018
        
Serial Number: 87677075
Internet Transmission Date: Thu Dec 13 18:32:32 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2018121318323230
4407-87677075-61083f7cae52da35915cc5b29c
e8e146384b9cc987ac5d7e87e57fa9438abed43d
c-CC-5411-20181213182846046659