TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88273742 CATAPULT(Standard Characters, see http://uspto.report/TM/88273742/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Australia registration number 1944516 registered 08/12/2019, with a renewal date of __________ and an expiration date of __________ , and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_21010209166-204941969_._1944516_-_AUSTRALIA_CATAPULT_Certificate_of_Registration.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

The foreign registration that is the basis of the U.S. application under Section 44(e) of the Trademark Act (15 U.S.C. Section 1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Design and development of sports monitoring hardware and software; sports performance monitoring services being technical data analysis services for professional and amateur athletes to optimize sports performance
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Australia application number 1944516 filed 07/29/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Design and development of sports monitoring hardware and software; sports performance monitoring services being technical data analysis services for professional and amateur athletes to optimize sports performance; sports performance monitoring and electronic data collection services, namely, electronically tracking and monitoring computer chips and electronic sensors worn by professional and amateur athletes to optimize sports performance using computer technologyClass 042 for Design and development of sports monitoring hardware and software; sports performance monitoring and electronic data collection services, namely, electronically tracking and monitoring computer chips and electronic sensors worn by professional and amateur athletes to optimize sports performance using computer technology
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Australia application number 1944516 filed 07/29/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


The applicant's current attorney information: Natasha Burns. Other appointed attorneys are Natasha Burns. Natasha Burns of BURNS IP & COMMERCIAL PTY LTD, and the attorney(s) is located at

      PO BOX 177
      HAMPTON, VIC,
      AU
The docket/reference number is 163156.

The phone number is +61-439035974.

The email address is tm@burnsip.com

The applicants proposed attorney information: Natasha Burns. Natasha Burns of BURNS IP & COMMERCIAL PTY LTD, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO BOX 177
      HAMPTON, VIC, 3188
      Australia
The docket/reference number is 163156.

The phone number is +61-439035974.

The email address is tm@burnsip.com

Natasha Burns 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: NATASHA BURNS. Other appointed attorneys are Natasha Burns. NATASHA BURNS of BURNS IP & COMMERCIAL PTY LTD, and the attorney(s) is located at

      PO BOX 177
      HAMPTON, VIC,
      AU
The docket/reference number is 163156.

The phone number is +61-439035974.

The email address is tm@burnsip.com; Natasha@burnsip.com

The applicants proposed correspondence information: Natasha Burns. Natasha Burns of BURNS IP & COMMERCIAL PTY LTD, is located at

      PO BOX 177
      HAMPTON, VIC, 3188
      Australia
The docket/reference number is 163156.

The phone number is +61-439035974.

The email address is tm@burnsip.com; natasha@burnsip.com

Response Suspension Inquiry Signature
Signature: /NJB/     Date: 09/13/2019
Signatory's Name: Natasha Burns
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: +61439035974

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:    NATASHA BURNS
   BURNS IP & COMMERCIAL PTY LTD
   
   PO BOX 177
   HAMPTON, VIC,
Mailing Address:    Natasha Burns
   BURNS IP & COMMERCIAL PTY LTD
   PO BOX 177
   HAMPTON, VIC, 3188
        
Serial Number: 88273742
Internet Transmission Date: Thu Sep 12 21:08:31 EDT 2019
TEAS Stamp: USPTO/RSI-XXX.XX.XXX.XXX-201909122108313
70960-88273742-6106e6edf17fe3c3bf48c2e09
83e116f631c9aa75a3c0e2ddb38bf99ccc11f8f7
-N/A-N/A-20190912204941969073