TEAS Petition to Revive Abandon Applic

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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 88177882 RESOLUTE(Standard Characters, see http://uspto.report/TM/88177882/mark.png) has been amended as follows: PETITION Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.RESPONSE TO OFFICE ACTION

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Exercise equipment, namely, weight lifting machines, cable and pulley training mechanisms, torso-rotation exercise machines, trunk extension/flexion exercise machines, selectorized weight lifting machines, plate loaded weight lifting machines, multi-station weight lifting machines, modular weight lifting machines, weight lifting presses, weight pull down machines, exercise benches, stretching stations, functional body training systems comprising modular multi-purpose body training apparatus, customizable body training apparatus, wall-mounted body training apparatuses, ground free-standing multi-functional body training apparatus, weight training racks, suspension body training apparatuses, climbing ropes, stairs ropes, climbing nets, climbing poles, punching bags, punch gloves, dip bars, pull up bars, chin up bars, training bars, curved training bars, medicine balls, training mats, training platforms, weights, hand weights, dumbbells, kettlebells, weight disks, upper and lower body cardiovascular exercise machines, elliptical exercise machines, treadmills, adaptive motion exercise machines, exercise cycles, stepping machines, and rowing machines
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: Exercise equipment, namely, weight lifting machines, cable and pulley training mechanisms, torso-rotation exercise machines, trunk extension/flexion exercise machines, selectorized weight lifting machines, plate loaded weight lifting machines, multi-station weight lifting machines, modular weight lifting machines, weight lifting presses, weight pull down machines, exercise benches, stretching stations, functional body training systems comprising modular multi-purpose body training apparatus, customizable body training apparatus, wall-mounted body training apparatuses, ground free-standing multi-functional body training apparatus, weight training racks, suspension body training apparatuses, climbing ropes, stairs ropes, climbing nets, climbing poles, punching bags, punch gloves, dip bars, pull up bars, chin up bars, training bars, curved training bars, medicine balls, training mats, training platforms, weights, hand weights, dumbbells, kettlebells, weight disks, upper and lower body cardiovascular exercise machines, elliptical exercise machines, treadmills, adaptive motion exercise machines, exercise cycles, stepping machines, and rowing machines; Exercise equipment, namely, weight lifting machines, resistance cable and pulley training mechanisms, torso-rotation exercise machines, trunk extension and flexion exercise machines, selectorized weight lifting machines, plate loaded weight lifting machines, multi-station weight lifting machines, modular weight lifting machines, weight lifting presses, weight pull down machines, exercise benches, stretching stations in the nature of manually-operated exercise equipment, functional body training systems comprising modular multi-purpose body training apparatus, customizable body training apparatus, wall-mounted body training apparatuses, ground free-standing multi-functional body training apparatus, weight training racks being manually-operated exercise equipment, suspension body training apparatuses, climbing ropes specially adapted for exercise purposes, stairs ropes in the nature of climbing ropes specially adapted for exercise purposes, climbing nets specially adapted for exercise purposes, climbing poles specially adapted for exercise purposes, punching bags, punch gloves being work-out gloves, dip exercise bars, pull up exercise bars, chin up exercise bars, training exercise bars, curved training exercise bars, medicine balls, training exercise platforms, exercise weights, hand exercise weights, dumbbells, kettlebells, exercise weight disks, upper and lower body cardiovascular exercise machines, elliptical exercise machines, exercise treadmills, adaptive motion exercise machines, exercise stationary cycles, stair-stepping machines, and rowing machinesClass 028 for Exercise equipment, namely, weight lifting machines, resistance cable and pulley training mechanisms, torso-rotation exercise machines, trunk extension and flexion exercise machines, selectorized weight lifting machines, plate loaded weight lifting machines, multi-station weight lifting machines, modular weight lifting machines, weight lifting presses, weight pull down machines, exercise benches, stretching stations in the nature of manually-operated exercise equipment, functional body training systems comprising modular multi-purpose body training apparatus, customizable body training apparatus, wall-mounted body training apparatuses, ground free-standing multi-functional body training apparatus, weight training racks being manually-operated exercise equipment, suspension body training apparatuses, climbing ropes specially adapted for exercise purposes, stairs ropes in the nature of climbing ropes specially adapted for exercise purposes, climbing nets specially adapted for exercise purposes, climbing poles specially adapted for exercise purposes, punching bags, punch gloves being work-out gloves, dip exercise bars, pull up exercise bars, chin up exercise bars, training exercise bars, curved training exercise bars, medicine balls, training exercise platforms, exercise weights, hand exercise weights, dumbbells, kettlebells, exercise weight disks, upper and lower body cardiovascular exercise machines, elliptical exercise machines, exercise treadmills, adaptive motion exercise machines, exercise stationary cycles, stair-stepping machines, and rowing machines
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: Terence P. O'Brien. Terence P. O'Brien of AMER SPORTS AMERICAS, is located at

      130 EAST RANDOLPH, SUITE 600
      1 PRUDENTIAL PLAZA
      CHICAGO, Illinois 60601
      US
The docket/reference number is Resolute1.

The phone number is 773-714-6498.

The email address is terence.obrien@amersports.com

The applicants proposed attorney information: Terence P. O'Brien. Terence P. O'Brien of AMER SPORTS AMERICAS, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      130 EAST RANDOLPH, SUITE 600
      CHICAGO, Illinois 60601
      United States
The docket/reference number is Resolute1.

The phone number is 773-714-6498.

The email address is terence.obrien@amersports.com

Terence P. O'Brien 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: TERENCE P. O'BRIEN. TERENCE P. O'BRIEN of AMER SPORTS AMERICAS, is located at

      130 EAST RANDOLPH, SUITE 600
      1 PRUDENTIAL PLAZA
      CHICAGO, Illinois 60601
      US
The docket/reference number is Resolute1.

The phone number is 773-714-6498.

The email address is terence.obrien@amersports.com; kristyn.rossetti@amersports.com

The applicants proposed correspondence information: Terence P. O'Brien. Terence P. O'Brien of AMER SPORTS AMERICAS, is located at

      130 EAST RANDOLPH, SUITE 600
      CHICAGO, Illinois 60601
      United States
The docket/reference number is Resolute1.

The phone number is 773-714-6498.

The email address is terence.obrien@amersports.com; kristyn.rossetti@amersports.com

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)

Signature: /Terence P. O'Brien/      Date: 09/09/2019
Signatory's Name: Terence P. O'Brien
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 7737146498


Response Signature
Signature: /Terence P. O'Brien/     Date: 09/09/2019
Signatory's Name: Terence P. O'Brien
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 7737146498

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.

Mailing Address:    TERENCE P. O'BRIEN
   AMER SPORTS AMERICAS
   130 EAST RANDOLPH, SUITE 600
   1 PRUDENTIAL PLAZA
   CHICAGO, Illinois 60601
Mailing Address:    Terence P. O'Brien
   AMER SPORTS AMERICAS
   130 EAST RANDOLPH, SUITE 600
   CHICAGO, Illinois 60601
        
RAM Sale Number: 88177882
RAM Accounting Date: 09/09/2019
        
Serial Number: 88177882
Internet Transmission Date: Mon Sep 09 17:10:58 EDT 2019
TEAS Stamp: USPTO/POA-XXX.XXX.XXX.XX-201909091710585
16937-88177882-6101d9bf5f6986ebd422c58d3
7d67afdff91c8cd57ae2cab3e979b70baa770eb-
DA-10582292-20190909170108159248