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)

---

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. 88207307 TRYON (Stylized and/or with Design, see http://uspto.report/TM/88207307/mark.png) has been amended as follows:

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

Applicant submits that there is no likelihood of confusion because Applicant deletes class 35 from the application to which the refusal pertains.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Business management; Presentation of goods on communication media, for retail purposes; Advertising; Clerical services; Commercial management; Sales promotion

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Stationary exercise bicycles; Body-building apparatus; Bar-bells; Treadmills for use in physical exercise; Machines for physical exercises; Spring bars for exercising; Appliances for gymnastics; Machines incorporating weights for use in physical exercise; Gymnastic training stools
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 013785291 registered 06/12/2015 with a renewal date of __________ and an expiration date of 03/02/2025 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Stationary exercise bicycles; Body-building apparatus; Bar-bells; Treadmills for use in physical exercise; Machines for physical exercises; Machines for physical exercises, namely, manually operated machines for physical fitness purposes; Spring bars for exercising; Appliances for gymnastics; Machines incorporating weights for use in physical exercise; Gymnastic training stoolsClass 028 for Stationary exercise bicycles; Body-building apparatus; Bar-bells; Treadmills for use in physical exercise; Machines for physical exercises, namely, manually operated machines for physical fitness purposes; Spring bars for exercising; Appliances for gymnastics; Machines incorporating weights for use in physical exercise; Gymnastic training stools
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 013785291 registered 06/12/2015 with a renewal date of __________ and an expiration date of 03/02/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Industrial design; Design of ornamental structures; Engineering services for the design of machinery; Design of sports facilities; Engineering design services; Computer aided design for manufacturing operations
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 013785291 registered 06/12/2015 with a renewal date of __________ and an expiration date of 03/02/2025 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Industrial design; Design of ornamental structures; Engineering services for the design of machinery; Design of sports facilities; Engineering design services; Computer-aided design for manufacturing operations; Computer aided design for manufacturing operationsClass 042 for Industrial design; Engineering services for the design of machinery; Design of sports facilities; Engineering design services; Computer-aided design for manufacturing operations
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 013785291 registered 06/12/2015 with a renewal date of __________ and an expiration date of 03/02/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The applicant's current attorney information: Elizabeth Lee. Elizabeth Lee of LUCAS & MERCANTI, LLP, is located at

      30 BROAD STREET, 21ST FLOOR
      NEW YORK, New York 10004
      US
The docket/reference number is CLM-1199-TM.

The phone number is 212-661-8000.

The fax number is 212-661-8002.

The email address is info@lmiplaw.com

The applicants proposed attorney information: Elizabeth Lee. Other appointed attorneys are Donald C. Lucas. Elizabeth Lee of Lucas & Mercanti, 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

      30 Broad Street, Floor 21
      New York, New York 10004
      United States
The docket/reference number is CLM-1199-TM.

The phone number is 212-661-8000.

The fax number is 212-661-8002.

The email address is info@lmiplaw.com

Elizabeth Lee 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: ELIZABETH LEE. ELIZABETH LEE of LUCAS & MERCANTI, LLP, is located at

      30 BROAD STREET, 21ST FLOOR
      NEW YORK, New York 10004
      US
The docket/reference number is CLM-1199-TM.

The phone number is 212-661-8000.

The fax number is 212-661-8002.

The email address is info@lmiplaw.com

The applicants proposed correspondence information: Elizabeth Lee. Elizabeth Lee of Lucas & Mercanti, LLP, is located at

      30 Broad Street, Floor 21
      New York, New York 10004
      United States
The docket/reference number is CLM-1199-TM.

The phone number is 212-661-8000.

The fax number is 212-661-8002.

The email address is info@lmiplaw.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of "TRYON" in orange stylized block letters, with a dragon-seahorse on the side in orange. White represents background, outlining, shading, and/or transparent areas and is not part of the mark.

SIGNATURE(S)
Response Signature
Signature: /ELD/     Date: 08/28/2019
Signatory's Name: Elizabeth Lee D'Amore
Signatory's Position: Attorney of Record, New York Bar Member

Signatory's Phone Number: 2126618000

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:    ELIZABETH LEE
   LUCAS & MERCANTI, LLP
   
   30 BROAD STREET, 21ST FLOOR
   NEW YORK, New York 10004
Mailing Address:    Elizabeth Lee
   Lucas & Mercanti, LLP
   30 Broad Street, Floor 21
   New York, New York 10004
        
Serial Number: 88207307
Internet Transmission Date: Wed Aug 28 13:42:50 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201908281342500
69950-88207307-6108fdf34d27c9ec1cd621d23
90f5b58596e531047827a4f8c47105131c6f2818
8-N/A-N/A-20190828134000764457