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

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER88161982
LAW OFFICE ASSIGNEDLAW OFFICE 111
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/88161982/large
LITERAL ELEMENT ENERGIZER
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS009
DESCRIPTION
fitness trackers and heart rate monitors and associated smart phone applications for fitness tracking and heart rate monitoring; pedometers; multifunctional electronic devices for displaying, measuring, and uploading to the internet information including time, steps taken, distance, calories burned, heart rate, hours slept; downloadable mobile applications for receiving, processing, transmitting and displaying information relating to fitness; downloadable mobile applications for managing information regarding tracking, compliance and motivation with a health and fitness program
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS009
TRACKED TEXT DESCRIPTION
fitness trackers and heart rate monitors and associated smart phone applications for fitness tracking and heart rate monitoring; Wearable activity trackers with smart phone applications for fitness tracking; pedometers; multifunctional electronic devices for displaying, measuring, and uploading to the internet information including time, steps taken, distance, calories burned, heart rate, hours slept; downloadable mobile applications for receiving, processing, transmitting and displaying information relating to fitness; downloadable mobile applications for managing information regarding tracking, compliance and motivation with a health and fitness program
FINAL DESCRIPTION
Wearable activity trackers with smart phone applications for fitness tracking; pedometers; multifunctional electronic devices for displaying, measuring, and uploading to the internet information including time, steps taken, distance, calories burned, heart rate, hours slept; downloadable mobile applications for receiving, processing, transmitting and displaying information relating to fitness; downloadable mobile applications for managing information regarding tracking, compliance and motivation with a health and fitness program
FILING BASISSection 1(b)
SIGNATURE SECTION
RESPONSE SIGNATURE /Alicia Grahn Jones/
SIGNATORY'S NAME Alicia Grahn Jones
SIGNATORY'S POSITION Attorney for Applicant, GA Bar Member
SIGNATORY'S PHONE NUMBER 404-815-6500
DATE SIGNED 02/14/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Feb 14 17:20:35 EST 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.X-201
90214172035834099-8816198
2-62071d55fe8598b69f31647
64f3d43ab6a1d1bcc13933442
22a4c48c7649f5f60-N/A-N/A
-20190214111137653946


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. 88161982 ENERGIZER(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88161982/large) 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 fitness trackers and heart rate monitors and associated smart phone applications for fitness tracking and heart rate monitoring; pedometers; multifunctional electronic devices for displaying, measuring, and uploading to the internet information including time, steps taken, distance, calories burned, heart rate, hours slept; downloadable mobile applications for receiving, processing, transmitting and displaying information relating to fitness; downloadable mobile applications for managing information regarding tracking, compliance and motivation with a health and fitness program
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: fitness trackers and heart rate monitors and associated smart phone applications for fitness tracking and heart rate monitoring; Wearable activity trackers with smart phone applications for fitness tracking; pedometers; multifunctional electronic devices for displaying, measuring, and uploading to the internet information including time, steps taken, distance, calories burned, heart rate, hours slept; downloadable mobile applications for receiving, processing, transmitting and displaying information relating to fitness; downloadable mobile applications for managing information regarding tracking, compliance and motivation with a health and fitness program

Class 009 for Wearable activity trackers with smart phone applications for fitness tracking; pedometers; multifunctional electronic devices for displaying, measuring, and uploading to the internet information including time, steps taken, distance, calories burned, heart rate, hours slept; downloadable mobile applications for receiving, processing, transmitting and displaying information relating to fitness; downloadable mobile applications for managing information regarding tracking, compliance and motivation with a health and fitness program
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.

SIGNATURE(S)
Response Signature
Signature: /Alicia Grahn Jones/     Date: 02/14/2019
Signatory's Name: Alicia Grahn Jones
Signatory's Position: Attorney for Applicant, GA Bar Member

Signatory's Phone Number: 404-815-6500

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: 88161982
Internet Transmission Date: Thu Feb 14 17:20:35 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201902141720358340
99-88161982-62071d55fe8598b69f3164764f3d
43ab6a1d1bcc1393344222a4c48c7649f5f60-N/
A-N/A-20190214111137653946