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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 87813157 |
LAW OFFICE ASSIGNED | LAW OFFICE 123 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/87813157/mark.png |
LITERAL ELEMENT | REACT |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
ARGUMENT(S) | |
Dear Examiner Schwarz, Applicant submits this response to the Section 2(d) refusal portion of the Official Action dated June 12, 2018. Applicant (React Physical Therapy LLC) is actually the owner by assignment of the cited registration (No. 4635043). For some reason the USPTO has not amended the last listed owner information from Reavy Physical Therphy LLC to the current React Physical Therapy LLC. Applicant has attached as evidence hereto the official assignment records filed and of record with the USPTO. In view of this fact, Applicant submits that the Section 2(d) refusal should be withdrawn or considered moot. Respectfully submitted, /s/ John L. Ambrogi Attorney of Record for Applicant | |
EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_96847081-20180613151935045704_._USPTO_Assignments_-_React.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0003.JPG | |
ORIGINAL PDF FILE | evi_96847081-20180613151935045704_._assignment-tm-5718-0651_-_React.pdf |
CONVERTED PDF FILE(S) (8 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0004.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0005.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0006.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0007.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0008.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0009.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0010.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0011.JPG | |
DESCRIPTION OF EVIDENCE FILE | USPTO assignment records showing that owner of cited Registration No. 4635043 ("REACT") is actually React Physical Therapy LLC. |
GOODS AND/OR SERVICES SECTION (041)(class deleted) | |
GOODS AND/OR SERVICES SECTION (044)(class added)Original Class (041) | |
INTERNATIONAL CLASS | 044 |
DESCRIPTION | |
Physical therapy services incorporating physical therapy-based personal fitness training services; Physical therapy services incorporating physical therapy-based personal fitness consultancy services. | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 05/00/2012 |
FIRST USE IN COMMERCE DATE | At least as early as 05/00/2012 |
GOODS AND/OR SERVICES SECTION (041)(class added) | |
INTERNATIONAL CLASS | 041 |
DESCRIPTION | |
Personal training services, namely, strength and conditioning training. | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 05/00/2012 |
FIRST USE IN COMMERCE DATE | At least as early as 05/00/2012 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) | |
ORIGINAL PDF FILE | SPN0-96847081-20180613151935045704_._React_Specimens.pdf |
CONVERTED PDF FILE(S) (8 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0012.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0013.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0014.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0015.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0016.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0017.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0018.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\878\131\87813157\xml4\ROA0019.JPG | |
SPECIMEN DESCRIPTION | Online brochure of services, including the services of strength and conditioning training. |
PAYMENT SECTION | |
NUMBER OF CLASSES | 1 |
APPLICATION FOR REGISTRATION PER CLASS | 275 |
TOTAL FEES DUE | 275 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /John L. Ambrogi/ |
SIGNATORY'S NAME | John L Ambrogi |
SIGNATORY'S POSITION | Attorney of record, Illinois Bar |
SIGNATORY'S PHONE NUMBER | 312-634-9506 |
DATE SIGNED | 06/13/2018 |
RESPONSE SIGNATURE | /John L Ambrogi/ |
SIGNATORY'S NAME | John L Ambrogi |
SIGNATORY'S POSITION | Attorney of Record, Illinois Bar |
SIGNATORY'S PHONE NUMBER | 3126349506 |
DATE SIGNED | 06/13/2018 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Wed Jun 13 16:00:48 EDT 2018 |
TEAS STAMP | USPTO/ROA-XX.XX.XX.XX-201 80613160048708709-8781315 7-61041b47d94aed3ee62eed8 b6acbe3d951415c7492898b19 35cf461d59521b03b-CC-2530 -20180613151935045704 |
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) |
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.