TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87953467 SPARTA SCORE(Standard Characters, see http://uspto.report/TM/87953467/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

REMARKS

The Office continues and maintains its refusal of the application stating the mark fails to function as a trademark.  The Applicant respectfully disagrees and traverses the refusal.   Although the Applicant traverses the refusal, the Applicant has amended the application filing basis to 1(b), an intent to use.  Accordingly, the refusal of the specimen is moot. 

The Applicant believes that all the outstanding issues have now been resolved, and respectfully requests the application be passed to publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Compiling and reporting data on health and athletic performance in the nature of scores
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/23/2017 and first used in commerce at least as early as 11/01/2017 , and is now in use in such commerce.

Proposed: Class 035 for Compiling and reporting data on health and athletic performance in the nature of scores
Deleted Filing Basis: 1(a)
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.

The applicant's current attorney information: Anna M. Vradenburgh. Anna M. Vradenburgh of ONE LLP, is located at

      2815 TOWNSGATE ROAD, SUITE 320
      WESTLAKE VILLAGE, California 91361
      US
The docket/reference number is SPSOC.TM.012.

The phone number is 424-279-8202.

The email address is tmdocketing@onellp.com

The applicants proposed attorney information: Anna M. Vradenburgh. Other appointed attorneys are Uleses C. Henderson; Paul Y. Feng; John Tehranian. Anna M. Vradenburgh of ONE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2815 TOWNSGATE ROAD, SUITE 320
      WESTLAKE VILLAGE, California 91361
      United States
The docket/reference number is SPSOC.TM.012.

The phone number is 424-279-8202.

The email address is tmdocketing@onellp.com

Anna M. Vradenburgh submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: ANNA M. VRADENBURGH. ANNA M. VRADENBURGH of ONE LLP, is located at

      2815 TOWNSGATE ROAD, SUITE 320
      WESTLAKE VILLAGE, California 91361
      US
The docket/reference number is SPSOC.TM.012.

The phone number is 424-279-8202.

The email address is tmdocketing@onellp.com; avradenburgh@onellp.com

The applicants proposed correspondence information: Anna M. Vradenburgh. Anna M. Vradenburgh of ONE LLP, is located at

      2815 TOWNSGATE ROAD, SUITE 320
      WESTLAKE VILLAGE, California 91361
      United States
The docket/reference number is SPSOC.TM.012.

The phone number is 424-279-8202.

The email address is tmdocketing@onellp.com; avradenburgh@onellp.com

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.
Request for Reconsideration Signature
Signature: /anna m vradenburgh/     Date: 10/08/2019
Signatory's Name: Anna M. Vradenburgh
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 424-279-8202

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    ANNA M. VRADENBURGH
   ONE LLP
   
   2815 TOWNSGATE ROAD, SUITE 320
   WESTLAKE VILLAGE, California 91361
Mailing Address:    Anna M. Vradenburgh
   ONE LLP
   2815 TOWNSGATE ROAD, SUITE 320
   WESTLAKE VILLAGE, California 91361
        
Serial Number: 87953467
Internet Transmission Date: Tue Oct 08 17:17:05 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.X-2019100817170516
6339-87953467-610f657a025f7532d187e25616
88c0dd16c6e6d6fb43b59c50eb831dbf3046dd2e
-N/A-N/A-20191008170155268139