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. 88271409 FLEXING FROG(Standard Characters, see http://uspto.report/TM/88271409/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 041 for downloadable exercise, fitness and health programs; exercise, fitness and health programs; computer application related to exercise, fitness and health programs; providing exercise fitness and health information; providing blogs related to health; entertainment and education related to fitness and health programs; downloadable interactive exercise programs; program related to calorie calculations; providing health and fitness information and articles; matching individuals to other individuals or groups to perform exercise programs; matching individuals to other individuals or groups to discuss health and fitness; matching services for health, fitness and exercise focused related individuals; organizing health and fitness classes; platform for allowing individuals to organize exercise, health and fitness groups; providing an internet platform for allowing individuals to discuss and organize exercise, health and fitness classes and meet-ups

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 (Original Class: 041 ) for Computer application software and downloadable computer software for providing information about exercise, fitness, and health; downloadable computer software featuring interactive exercise programs; computer software program for calculating calories of food
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 hereby adds the following class of goods/services to the application:
New: Class 035 for Matching individuals to other individuals or groups to perform exercise programs together; matching individuals to other individuals or groups to discuss health and fitness; matching individuals with others focused on health, fitness, and exercise issues
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 hereby adds the following class of goods/services to the application:
New: Class 041 for Exercise and fitness programs, namely, physical fitness instruction; providing exercise fitness information; providing on-line journals, namely, blogs featuring health information; entertainment and education, namely, conducting classes about fitness and health; providing fitness information and non-line non-downloadable articles about fitness programs; organizing health and fitness classes
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 hereby adds the following class of goods/services to the application:
New: Class 042 for Platform as a service (PAAS) featuring computer software platforms for allowing individuals to organize exercise, health and fitness groups; Platform as a service (PAAS) featuring computer software platforms for allowing individuals to discuss and organize exercise, health and fitness classes and meet-ups
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: Justin Lampel. Justin Lampel of LAMPEL & ASSOCIATES, P.C., is located at

      555 SKOKIE BLVD., SUITE 500
      NORTHBROOK, Illinois 60062
      US
The docket/reference number is FFI-T-19-01.

The phone number is 847-845-4345.

The fax number is 847725.0077.

The email address is jlampel@lampellaw.com

The applicants proposed attorney information: Justin Lampel. Justin Lampel of LAMPEL & ASSOCIATES, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      555 SKOKIE BLVD., SUITE 500
      NORTHBROOK, Illinois 60062
      United States
The docket/reference number is FFI-T-19-01.

The phone number is 847-845-4345.

The fax number is 847725.0077.

The email address is jlampel@lampellaw.com

Justin Lampel 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: JUSTIN LAMPEL. JUSTIN LAMPEL of LAMPEL & ASSOCIATES, P.C., is located at

      555 SKOKIE BLVD., SUITE 500
      NORTHBROOK, Illinois 60062
      US
The docket/reference number is FFI-T-19-01.

The phone number is 847-845-4345.

The fax number is 847725.0077.

The email address is jlampel@lampellaw.com

The applicants proposed correspondence information: Justin Lampel. Justin Lampel of LAMPEL & ASSOCIATES, P.C., is located at

      555 SKOKIE BLVD., SUITE 500
      NORTHBROOK, Illinois 60062
      United States
The docket/reference number is FFI-T-19-01.

The phone number is 847-845-4345.

The fax number is 847725.0077.

The email address is jlampel@lampellaw.com

FEE(S)
Fee(s) in the amount of $825 is being submitted.

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: /Justin Lampel/      Date: 09/11/2019
Signatory's Name: Justin Lampel
Signatory's Position: Attorney

Response Signature
Signature: /Justin Lampel/     Date: 09/11/2019
Signatory's Name: Justin Lampel
Signatory's Position: Attorney

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:    JUSTIN LAMPEL
   LAMPEL & ASSOCIATES, P.C.
   
   555 SKOKIE BLVD., SUITE 500
   NORTHBROOK, Illinois 60062
Mailing Address:    Justin Lampel
   LAMPEL & ASSOCIATES, P.C.
   555 SKOKIE BLVD., SUITE 500
   NORTHBROOK, Illinois 60062
        
RAM Sale Number: 88271409
RAM Accounting Date: 09/11/2019
        
Serial Number: 88271409
Internet Transmission Date: Wed Sep 11 16:20:29 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909111620294
57306-88271409-61075f5572627ac8424941815
54bd4a1bba27ddcdf5f89891873916d542b55b71
fd-CC-20288871-20190911161546139523