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. 88042873 BODY BUZZ(Standard Characters, see http://uspto.report/TM/88042873/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 009 for Training apparatus in the nature of an electronic non-medical posture correction device, namely, a belt that alerts the user with an audible signal and/or vibration signal when the user is not in the optimal posture position
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.

In International Class 009, the mark was first used at least as early as 05/17/2019 and first used in commerce at least as early as 05/18/2019 .

Proposed: Class 009 for Training apparatus in the nature of an electronic non-medical posture correction device, namely, a belt that alerts the user with an audible signal and/or vibration signal when the user is not in the optimal posture position

Deleted Filing Basis: 1(b)
In International Class 009, the mark was first used at least as early as 05/17/2019 . and first used in commerce at least as early as 05/18/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Specimen 1 provides copies of webpages displaying the goods associated with the Mark and which shows the provision for online order of the goods on the applicant?s website at www.buybodybuzz.com. Specimen 3A is a photograph of the applicant?s product in relation to class 9. Specimen 3B is the product packaging in which the Mark is shown in relation to class 9. Specimen 4 ? web sale/order number 95110-2019-21-121-027 placed on May 18, 2019. This order covers both (i) Body Buzz? abdominal trainer (class 28) and (ii) Body Buzz? posture trainer (class 9). .
"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].
Original PDF file:
SPU0-38756194-20190829135248108246_._Specimen_1_-_Web_Body_Buzz_site.pdf
Converted PDF file(s) ( 5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPU0-38756194-20190829135248108246_._Specimen_3A_3B-BodyBuzz_posture-device_pkg.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPU0-38756194-20190829135248108246_._Specimen_4_-_WebOrder_-_Body_Buzz_Classes-28-9.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Electronic non-medical posture correction device for sports or other physical training purposes, namely, a belt that alerts the user with an audible signal and/or vibration signal when the user is not in the optimal posture position
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.

In International Class 028, the mark was first used at least as early as 05/17/2019 and first used in commerce at least as early as 05/17/2019 .

Proposed: Class 028 for Electronic non-medical posture correction device for sports or other physical training purposes, namely, a belt that alerts the user with an audible signal and/or vibration signal when the user is not in the optimal posture position

Deleted Filing Basis: 1(b)
In International Class 028, the mark was first used at least as early as 05/17/2019 . and first used in commerce at least as early as 05/17/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of Specimen 1 provides copies of webpages displaying the goods associated with the Mark and which shows the provision for online order of the goods on the applicant?s website at www.buybodybuzz.com. Specimen 2A is a photograph of the applicant?s product in relation to class 28. Specimen 2B is the product packaging in which the Mark is shown in relation to class 28. Specimen 4 ? web sale/order number 95110-2019-21-121-027 placed on May 18, 2019. This order covers both (i) Body Buzz? abdominal trainer (class 28) and (ii) Body Buzz? posture trainer (class 9). .
"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].
Original PDF file:
SPU1-38756194-20190829135248108246_._Specimen_1_-_Web_Body_Buzz_site.pdf
Converted PDF file(s) ( 5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPU1-38756194-20190829135248108246_._Specimen_2A_2B-BodyBuzz_ab-device_pkg.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPU1-38756194-20190829135248108246_._Specimen_4_-_WebOrder_-_Body_Buzz_Classes-28-9.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

ADDITIONAL STATEMENTS
Miscellaneous Statement
In response to the Examining Attorney's request for information, Applicant submits the following: (1) Applicant's goods are sold via direct response television sales (DRTV) and/or web sales. (2) Specimen 4, attached, provides documentation of sales of the goods - web sale/order number 95110-2019-21-121-027 placed on May 18, 2019. This order covers both (i) Body Buzz(TM) abdominal trainer (class 28) and (ii) Body Buzz(TM) posture trainer (class 9). (3) The specimen was NOT created for submission with this application. (4) The specimen shows applicant's product as it is currently being sold to consumers. Specimen 2A is a photograph of the applicant's product in relation to class 28. Specimen 2B is the product packaging in which the Mark is shown in relation to class 28. Specimen 3A is a photograph of the applicant's product in relation to class 9. Specimen 3B is the product packaging in which the Mark is shown in relation to class 9. (5) Specimen 1 provides copies of webpages displaying the goods associated with the Mark and which shows the provision for online order of the goods on the applicant's website at www.buybodybuzz.com. (6) N/A


SIGNATURE(S)
Declaration Signature

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.

Signature: /natashashabani/      Date: 08/29/2019
Signatory's Name: Natasha Shabani
Signatory's Position: Attorney of record, CA bar member
Signatory's Phone Number: 3105533610


Response Signature
Signature: /natashashabani/     Date: 08/29/2019
Signatory's Name: Natasha Shabani
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 3105533610

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.

        
Serial Number: 88042873
Internet Transmission Date: Thu Aug 29 14:05:43 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-201908291405432324
96-88042873-61065122224de4979bb8148604fb
6a252114779daab989cb24afcfd247918b8b0-N/
A-N/A-20190829135248108246