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. 88074238 MASS(Standard Characters, see http://uspto.report/TM/88074238/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 028 for Athletic equipment, namely, hand wraps; Athletic equipment, namely, striking bags; Athletic equipment, namely, striking shields; Athletic protective elbow pads for skateboarding; Athletic protective elbow pads for skating; Athletic protective knee pads for skateboarding; Athletic protective pads for covering body parts; Athletic sporting goods, namely, athletic wrist and joint supports; Athletic sporting goods, namely, adhesive tape for hockey stick and uniform support; Athletic sporting goods, namely, adhesive, under-eye glare reduction strips; Athletic sporting goods, namely, portable pitching mounds; Athletic sporting goods, namely, under-eye grease for reducing glare; Athletic supporters; Athletic tape; Athletic wraps for supporting body parts during exercise; Body-training apparatus; Exercise and gymnastic banners; Exercise apparatus, namely, slosh bars; Exercise balls; Exercise bars; Exercise benches; Exercise doorway gym bars; Exercise equipment for lateral movement in a skating motion; Exercise equipment namely, rowing machines; Exercise equipment, namely, abdominal boards; Exercise equipment, namely, chest expanders; Exercise equipment, namely, chest pulls; Exercise equipment, namely, inflatable balls; Exercise equipment, namely, manually operated jogging machines; Exercise equipment, namely, neck and shoulder supported weights for twisting and lifting exercises; Exercise equipment, namely, plyometric boxes; Exercise equipment, namely, rotary abdominal boards; Exercise equipment, namely, shoulder stretcher using a cable; Exercise equipment, namely, shoulder stretcher using resistance cables; Exercise equipment, namely, stair-stepping machines; Exercise equipment, namely, stationary cycles; Exercise equipment, namely, straps that are affixed to doors for performance of various exercises using body weight resistance; Exercise equipment, namely, virtual reality training cycles; Exercise hand grippers; Exercise machines; Exercise machines incorporating electronic and video game controllers; Exercise platforms; Exercise pucks in the nature of a foam or gel form enclosed in a cover and used by persons to perform exercises sold as a unit with instruction manuals; Exercise steppers; Exercise tables; Exercise trampolines; Exercise treadmills; Exercise weight cuffs; Exercise wrist weights; Golf training aid, namely, a brace worn on the hand and wrist to control flipping of the hand in a golf swing; Golf training apparatus, namely, golf practice platforms; Golf training equipment, namely, a golf training cage; Golf training equipment, namely, a motorized golf chipping practice aid; Martial arts training equipment; Martial arts training equipment, namely, nunchucks; Muscle training braces to be worn on the back for support when playing sports; Posture correction device, namely, an adjustable harness to correct one's posture for sports or other physical training purposes; Sporting goods and equipment for speed training, namely, rings, cones, speed ladders, coaching sticks, training arches, ankle bands, resistance chutes, hurdles; Sports training apparatus featuring a baseball bat, ball, and a tee for improving bats swings; Sports training apparatus, namely, ball return machines; Sports training apparatus, namely, pitching machines; Sports training apparatus, namely, soft toss pitching machines; Sports field training grids; Abdomen protectors for athletic use; Accessory for manually-operated exercise equipment, namely, accessory attachment to increase muscle resistance; Ankle and wrist weights for exercise; Arm guards for athletic use; Arm protectors for athletic use; Chest protectors for athletic use; Elbow guards for athletic use; Elbow pads for athletic use; Elliptical exercise machines; Fitness equipment, namely, a weighted bar to improve posture and overall fitness; Foam exercise rollers; Hand pads for athletic use; Infant exercise seats, namely, jumpers and infant saucers; Inflatable knockdown targets with weighted bases used for target practice and fitness training in youth sports programs; Knee guards for athletic use; Knee pads for athletic use; Leg guards for athletic use; Leg weights for athletic use; Manually-operated exercise equipment; Manually-operated exercise equipment for physical fitness purposes; Men's athletic supporters; Non-slip resin sprays for use by athletes; Palm protectors for athletic use; Pine tar for athletic equipment; Protective athletic cups; Re-caps, namely, replacement protective caps for joint guards used in athletics; Rosin used by athletes; Shin guards for athletic use; Shin pads for athletic use; Shoulder pad elastic for athletic use; Shoulder pad lacelocks for athletic use; Shoulder pad laces for athletic use; Shoulder pads for athletic use; Sports equipment for boxing and martial arts, namely, boxing gloves, boxing bags, punching mitts, belly protectors, groin protectors and shin guards; Sports equipment for boxing and martial arts, namely, boxing gloves, mixed martial arts gloves, punching mitts, and shin guards; Sports equipment for boxing, martial arts, and the like, namely, an apparatus to support a moving heavy bag; Sports equipment for boxing, martial arts, and the like, namely, protective bras; Stationary exercise bicycles; Stationary exercise bicycles and rollers therefor; Storage racks for athletic equipment; Storage racks for athletic training equipment; Stress relief exercise balls; Stress relief exercise toys; Stress relief balls for hand exercise; Stretching exercise machines; Throat protectors for athletic use; Vibrating apparatus used in fitness and exercise programs to stimulate muscles and increase strength and physical performance; Waist protectors for athletic use; Waist trimmer exercise belts; Weighted inserts for footwear for athletic training purposes; Wrist and ankle weights for exercise; Wrist guards for athletic use
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 01/01/2007 and first used in commerce at least as early as 01/01/2007 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Athletic equipment, namely, hand wraps; Athletic equipment, namely, striking bags; Athletic equipment, namely, striking shields; Athletic protective elbow pads for skateboarding; Athletic protective elbow pads for skating; Athletic protective knee pads for skateboarding; Athletic protective pads for covering body parts; Athletic protective pads for covering body parts for hockey; Athletic sporting goods, namely, athletic wrist and joint supports; Athletic sporting goods, namely, adhesive tape for hockey stick and uniform support; Athletic sporting goods, namely, adhesive, under-eye glare reduction strips; Athletic sporting goods, namely, portable pitching mounds; Athletic sporting goods, namely, under-eye grease for reducing glare; Athletic supporters; Athletic tape; Athletic wraps for supporting body parts during exercise; Athletic wraps for supporting the back and knees during exercise; Body-training apparatus; Exercise and gymnastic banners; Exercise apparatus, namely, slosh bars; Exercise balls; Exercise bars; Exercise benches; Exercise doorway gym bars; Exercise equipment for lateral movement in a skating motion; Exercise equipment namely, rowing machines; Exercise equipment, namely, abdominal boards; Exercise equipment, namely, chest expanders; Exercise equipment, namely, chest pulls; Exercise equipment, namely, inflatable balls; Exercise equipment, namely, manually operated jogging machines; Exercise equipment, namely, neck and shoulder supported weights for twisting and lifting exercises; Exercise equipment, namely, plyometric boxes; Exercise equipment, namely, rotary abdominal boards; Exercise equipment, namely, shoulder stretcher using a cable; Exercise equipment, namely, shoulder stretcher using resistance cables; Exercise equipment, namely, stair-stepping machines; Exercise equipment, namely, stationary cycles; Exercise equipment, namely, straps that are affixed to doors for performance of various exercises using body weight resistance; Exercise equipment, namely, virtual reality training cycles; Exercise hand grippers; Exercise machines; Exercise machines incorporating electronic and video game controllers; Exercise platforms; Exercise pucks in the nature of a foam or gel form enclosed in a cover and used by persons to perform exercises sold as a unit with instruction manuals; Exercise steppers; Exercise tables; Exercise trampolines; Exercise treadmills; Exercise weight cuffs; Exercise wrist weights; Golf training aid, namely, a brace worn on the hand and wrist to control flipping of the hand in a golf swing; Golf training apparatus, namely, golf practice platforms; Golf training equipment, namely, a golf training cage; Golf training equipment, namely, a motorized golf chipping practice aid; Martial arts training equipment; Martial arts training equipment, namely, nunchucks; Muscle training braces to be worn on the back for support when playing sports; Posture correction device, namely, an adjustable harness to correct one's posture for sports or other physical training purposes; Sporting goods and equipment for speed training, namely, rings, cones, speed ladders, coaching sticks, training arches, ankle bands, resistance chutes, hurdles; Sporting goods and equipment for speed training, namely, rings, cones, speed ladders, coaching sticks, training arches, ankle bands, resistance chutes, hurdles; Sports training apparatus featuring a baseball bat, ball, and a tee for improving bats swings; Sports training apparatus, namely, ball return machines; Sports training apparatus, namely, pitching machines; Sports training apparatus, namely, soft toss pitching machines; Sports field training grids; Abdomen protectors for athletic use; Accessory for manually-operated exercise equipment, namely, accessory attachment to increase muscle resistance; Ankle and wrist weights for exercise; Arm guards for athletic use; Arm protectors for athletic use; Chest protectors for athletic use; Elbow guards for athletic use; Elbow pads for athletic use; Elliptical exercise machines; Fitness equipment, namely, a weighted bar to improve posture and overall fitness; Foam exercise rollers; Hand pads for athletic use; Infant exercise seats, namely, jumpers and infant saucers; Inflatable knockdown targets with weighted bases used for target practice and fitness training in youth sports programs; Knee guards for athletic use; Knee pads for athletic use; Leg guards for athletic use; Leg weights for athletic use; Manually-operated exercise equipment; Manually-operated exercise equipment for physical fitness purposes; Men's athletic supporters; Non-slip resin sprays for use by athletes; Palm protectors for athletic use; Pine tar for athletic equipment; Protective athletic cups; Re-caps, namely, replacement protective caps for joint guards used in athletics; Rosin used by athletes; Shin guards for athletic use; Shin pads for athletic use; Shoulder pad elastic for athletic use; Shoulder pad lacelocks for athletic use; Shoulder pad laces for athletic use; Shoulder pads for athletic use; Sports equipment for boxing and martial arts, namely, boxing gloves, boxing bags, punching mitts, belly protectors, groin protectors and shin guards; Sports equipment for boxing and martial arts, namely, boxing gloves, mixed martial arts gloves, punching mitts, and shin guards; Sports equipment for boxing, martial arts, and the like, namely, an apparatus to support a moving heavy bag; Sports equipment for boxing, martial arts, and the like, namely, protective bras; Stationary exercise bicycles; Stationary exercise bicycles and rollers therefor; Storage racks for athletic equipment; Storage racks for athletic training equipment; Stress relief exercise balls; Stress relief exercise toys; Stress relief balls for hand exercise; Stretching exercise machines; Throat protectors for athletic use; Vibrating apparatus used in fitness and exercise programs to stimulate muscles and increase strength and physical performance; Waist protectors for athletic use; Waist trimmer exercise belts; Weighted inserts for footwear for athletic training purposes; Wrist and ankle weights for exercise; Wrist guards for athletic use; Wrist guards for athletic use, in International Class 28Class 028 for Athletic equipment, namely, hand wraps; Athletic equipment, namely, striking bags; Athletic equipment, namely, striking shields; Athletic protective elbow pads for skateboarding; Athletic protective elbow pads for skating; Athletic protective knee pads for skateboarding; Athletic protective pads for covering body parts for hockey; Athletic sporting goods, namely, athletic wrist and joint supports; Athletic sporting goods, namely, adhesive tape for hockey stick and uniform support; Athletic sporting goods, namely, adhesive, under-eye glare reduction strips; Athletic sporting goods, namely, portable pitching mounds; Athletic sporting goods, namely, under-eye grease for reducing glare; Athletic supporters; Athletic tape; Athletic wraps for supporting the back and knees during exercise; Body-training apparatus; Exercise and gymnastic banners; Exercise apparatus, namely, slosh bars; Exercise balls; Exercise bars; Exercise benches; Exercise doorway gym bars; Exercise equipment for lateral movement in a skating motion; Exercise equipment namely, rowing machines; Exercise equipment, namely, abdominal boards; Exercise equipment, namely, chest expanders; Exercise equipment, namely, chest pulls; Exercise equipment, namely, inflatable balls; Exercise equipment, namely, manually operated jogging machines; Exercise equipment, namely, neck and shoulder supported weights for twisting and lifting exercises; Exercise equipment, namely, plyometric boxes; Exercise equipment, namely, rotary abdominal boards; Exercise equipment, namely, shoulder stretcher using a cable; Exercise equipment, namely, shoulder stretcher using resistance cables; Exercise equipment, namely, stair-stepping machines; Exercise equipment, namely, stationary cycles; Exercise equipment, namely, straps that are affixed to doors for performance of various exercises using body weight resistance; Exercise equipment, namely, virtual reality training cycles; Exercise hand grippers; Exercise machines; Exercise machines incorporating electronic and video game controllers; Exercise platforms; Exercise pucks in the nature of a foam or gel form enclosed in a cover and used by persons to perform exercises sold as a unit with instruction manuals; Exercise steppers; Exercise tables; Exercise trampolines; Exercise treadmills; Exercise weight cuffs; Exercise wrist weights; Golf training aid, namely, a brace worn on the hand and wrist to control flipping of the hand in a golf swing; Golf training apparatus, namely, golf practice platforms; Golf training equipment, namely, a golf training cage; Golf training equipment, namely, a motorized golf chipping practice aid; Martial arts training equipment; Martial arts training equipment, namely, nunchucks; Muscle training braces to be worn on the back for support when playing sports; Posture correction device, namely, an adjustable harness to correct one's posture for sports or other physical training purposes; Sporting goods and equipment for speed training, namely, rings, cones, speed ladders, coaching sticks, training arches, ankle bands, resistance chutes, hurdles; Sports training apparatus featuring a baseball bat, ball, and a tee for improving bats swings; Sports training apparatus, namely, ball return machines; Sports training apparatus, namely, pitching machines; Sports training apparatus, namely, soft toss pitching machines; Sports field training grids; Abdomen protectors for athletic use; Accessory for manually-operated exercise equipment, namely, accessory attachment to increase muscle resistance; Ankle and wrist weights for exercise; Arm guards for athletic use; Arm protectors for athletic use; Chest protectors for athletic use; Elbow guards for athletic use; Elbow pads for athletic use; Elliptical exercise machines; Fitness equipment, namely, a weighted bar to improve posture and overall fitness; Foam exercise rollers; Hand pads for athletic use; Infant exercise seats, namely, jumpers and infant saucers; Inflatable knockdown targets with weighted bases used for target practice and fitness training in youth sports programs; Knee guards for athletic use; Knee pads for athletic use; Leg guards for athletic use; Leg weights for athletic use; Manually-operated exercise equipment; Manually-operated exercise equipment for physical fitness purposes; Men's athletic supporters; Non-slip resin sprays for use by athletes; Palm protectors for athletic use; Pine tar for athletic equipment; Protective athletic cups; Re-caps, namely, replacement protective caps for joint guards used in athletics; Rosin used by athletes; Shin guards for athletic use; Shin pads for athletic use; Shoulder pad elastic for athletic use; Shoulder pad lacelocks for athletic use; Shoulder pad laces for athletic use; Shoulder pads for athletic use; Sports equipment for boxing and martial arts, namely, boxing gloves, boxing bags, punching mitts, belly protectors, groin protectors and shin guards; Sports equipment for boxing and martial arts, namely, boxing gloves, mixed martial arts gloves, punching mitts, and shin guards; Sports equipment for boxing, martial arts, and the like, namely, an apparatus to support a moving heavy bag; Sports equipment for boxing, martial arts, and the like, namely, protective bras; Stationary exercise bicycles; Stationary exercise bicycles and rollers therefor; Storage racks for athletic equipment; Storage racks for athletic training equipment; Stress relief exercise balls; Stress relief exercise toys; Stress relief balls for hand exercise; Stretching exercise machines; Throat protectors for athletic use; Vibrating apparatus used in fitness and exercise programs to stimulate muscles and increase strength and physical performance; Waist protectors for athletic use; Waist trimmer exercise belts; Weighted inserts for footwear for athletic training purposes; Wrist and ankle weights for exercise; Wrist guards for athletic use, in International Class 28
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 01/01/2007 and first used in commerce at least as early as 01/01/2007 , and is now in use in such commerce.
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: /kimberly tomei/      Date: 02/26/2019
Signatory's Name: Kimberly Tomei
Signatory's Position: Attorney at Law, NY Bar Member
Signatory's Phone Number: 7188150700


Response Signature
Signature: /kimberly tomei/     Date: 02/26/2019
Signatory's Name: Kimberly Tomei
Signatory's Position: Attorney at Law, NY Bar Member

Signatory's Phone Number: 7188150700

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: 88074238
Internet Transmission Date: Tue Feb 26 15:46:48 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190226154648496
243-88074238-620db388b83b172467b5aeea4be
e21dcd241b650b1e92316df5f7c66354a59225-N
/A-N/A-20190226154113149930