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. 88243015 LASSO(Standard Characters, see http://uspto.report/TM/88243015/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Applicant's arguments and cited exhibits in support of registration of the applied-for mark. has been attached.
Original PDF file:
evi_4142790-20190924180008071534_.___33232-128067____Trademark_Office_Action_Response___FINAL.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Original PDF file:
evi_4142790-20190924180008071534_._LASSO___Exhibit_A___LASSO_FM.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_4142790-20190924180008071534_._LASSO___Exhibit_B___LASSO_BI.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_4142790-20190924180008071534_._LASSO___Exhibit_C___How_to_use_Lasso_App___Final_-_Copy.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_4142790-20190924180008071534_._LASSO___Exhibit_D___Android_store___Final_-_Copy.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_4142790-20190924180008071534_._LASSO___Exhibit_E___Forbes_Article.pdf
Converted PDF file(s) ( 12 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Original PDF file:
evi_4142790-20190924180008071534_._LASSO___Exhibit_F___Lasso_App.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Original PDF file:
evi_4142790-20190924180008071534_._LASSO___Exhibit_G___TESS_Class_9.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_4142790-20190924180008071534_._LASSO___Exhibit_H___87767791.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_4142790-20190924180008071534_._LASSO___Exhibit_I___87767787.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_4142790-20190924180008071534_._LASSO___Exhibit_J___86796539.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_4142790-20190924180008071534_._LASSO___Exhibit_K___86682531.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_4142790-20190924180008071534_._LASSO___Exhibit_L___85683332.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Wearable technology; wearable technology, namely, compression garments including biofeedback and motion sensors for diagnosing ailments and preventing injury; downloadable software applications supporting and relating to wearable technology; downloadable software applications supporting and relating to wearable technology, namely, downloadable software for operating, monitoring, and controlling compression garments including biofeedback and motion sensors
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: Wearable technology; Wearable technology, namely, sensors and motion sensors; wearable technology, namely, compression garments including biofeedback and motion sensors for diagnosing ailments and preventing injury; downloadable computer application software used for supporting and relating to wearable technology, namely, software for recording biofeedback and motion sensor information for diagnosing ailments and preventing injury; downloadable software applications supporting and relating to wearable technology; downloadable computer application software supporting and relating to wearable technology, namely, downloadable computer application software for operating, monitoring, and controlling biofeedback and motion sensor information from compression garments.; downloadable software applications supporting and relating to wearable technology, namely, downloadable software for operating, monitoring, and controlling compression garments including biofeedback and motion sensorsClass 009 for Wearable technology, namely, sensors and motion sensors; downloadable computer application software used for supporting and relating to wearable technology, namely, software for recording biofeedback and motion sensor information for diagnosing ailments and preventing injury; downloadable computer application software supporting and relating to wearable technology, namely, downloadable computer application software for operating, monitoring, and controlling biofeedback and motion sensor information from compression garments.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Compression garments with embedded sensors to monitor physical movements; athletic braces for limbs and joints with sensors for gathering biometric and motion data; compression garments and athletic braces with biofeedback and motion sensors to diagnosis ailments and prevent injuries
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: Compression garments with embedded sensors to monitor physical movements; athletic braces for limbs and joints with sensors for gathering biometric and motion data; athletic braces for medical use for limbs and joints with sensors for gathering biofeedback and motion sensor information to diagnose ailments and prevent injuries; compression garments and athletic braces with biofeedback and motion sensors to diagnosis ailments and prevent injuries; compression garments and athletic braces for medical use for limbs and joints with sensors for gathering biofeedback and motion sensor information to diagnose ailments and prevent injuries; compression garments featuring wearable technology which provides biofeedback and motion sensor information for diagnosing ailments and preventing injury.Class 010 for Compression garments with embedded sensors to monitor physical movements; athletic braces for medical use for limbs and joints with sensors for gathering biofeedback and motion sensor information to diagnose ailments and prevent injuries; compression garments and athletic braces for medical use for limbs and joints with sensors for gathering biofeedback and motion sensor information to diagnose ailments and prevent injuries; compression garments featuring wearable technology which provides biofeedback and motion sensor information for diagnosing ailments and preventing injury.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Athletic braces for non-medical use with embedded sensors to monitor physical movements; muscle training braces with biofeedback sensors to be worn for support when playing sports
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: Athletic braces for non-medical use with embedded sensors to monitor physical movements; Athletic braces for non-medical use for limbs and joints with embedded sensors to monitor physical movements; muscle training braces with biofeedback sensors to be worn for support when playing sports; athletic braces for non-medical use, namely, muscle training braces with biofeedback sensors to be worn for support when playing sports.Class 028 for Athletic braces for non-medical use for limbs and joints with embedded sensors to monitor physical movements; athletic braces for non-medical use, namely, muscle training braces with biofeedback sensors to be worn for support when playing sports.
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: Bryan D. Stewart. Bryan D. Stewart of MORRIS, MANNING & MARTIN, LLP, is located at

      1600 ATLANTA FINANCIAL CENTER
      3343 PEACHTREE ROAD NE
      ATLANTA, Georgia 30326
      US
The docket/reference number is 33232-128067.

The phone number is 404-233-7000.

The fax number is 4043659532.

The email address is ipdocket@mmmlaw.com

The applicants proposed attorney information: Bryan D. Stewart. Other appointed attorneys are all other attorneys of Morris, Manning & Martin, LLP. Bryan D. Stewart of Morris, Manning and Martin, 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

      1600 Atlanta Financial Center
      3343 Peachtree Road, NE
      Atlanta, Georgia 30326
      United States
The docket/reference number is 33232-128067.

The phone number is 404-233-7000.

The fax number is 4043659532.

The email address is ipdocket@mmmlaw.com

Bryan D. Stewart 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: Bryan D. Stewart. Bryan D. Stewart of MORRIS, MANNING & MARTIN, LLP, is located at

      1600 ATLANTA FINANCIAL CENTER
      3343 PEACHTREE ROAD NE
      ATLANTA, Georgia 30326
      US
The docket/reference number is 33232-128067.

The phone number is 404-233-7000.

The fax number is 4043659532.

The email address is ipdocket@mmmlaw.com

The applicants proposed correspondence information: Bryan D. Stewart. Bryan D. Stewart of Morris, Manning and Martin, LLP, is located at

      1600 Atlanta Financial Center
      3343 Peachtree Road, NE
      Atlanta, Georgia 30326
      United States
The docket/reference number is 33232-128067.

The phone number is 404-233-7000.

The fax number is 4043659532.

The email address is ipdocket@mmmlaw.com

SIGNATURE(S)
Response Signature
Signature: /Bryan D. Stewart/     Date: 09/24/2019
Signatory's Name: Bryan D. Stewart
Signatory's Position: Attorney of Record, Georgia Bar Member

Signatory's Phone Number: 404-233-7000

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:    Bryan D. Stewart
   MORRIS, MANNING & MARTIN, LLP
   1600 ATLANTA FINANCIAL CENTER
   3343 PEACHTREE ROAD NE
   ATLANTA, Georgia 30326
Mailing Address:    Bryan D. Stewart
   Morris, Manning and Martin, LLP
   1600 Atlanta Financial Center
   3343 Peachtree Road, NE
   Atlanta, Georgia 30326
        
Serial Number: 88243015
Internet Transmission Date: Tue Sep 24 18:04:13 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XX.XX-2019092418041305207
6-88243015-61099b492a97f7a8b6b6a8629f54f
d03bd61528bda714ce2c3f8bc7f110ad056df-N/
A-N/A-20190924180008071534