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. 88273848 C (Stylized and/or with Design, see http://uspto.report/TM/88273848/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 1944513 registered 07/29/2018, with a renewal date of 07/29/2028 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_2001800348a9ad01a17abf f1f364b6f1-023243687_._16 4343-1944513-IP_Right_Reg istered.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Sports performance monitoring and measuring apparatus; wearable sports performance trackers; wearable sports performance transmitters; data collection system consisting of a data logger and receivers used in combination with software to monitor and report on sports performance; downloadable sports performance monitoring software; downloadable sports performance measuring software; smart glasses
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 1944513 filed 07/29/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 009 for Sports performance monitoring and measuring apparatus; wearable sports performance trackers; wearable sports performance transmitters; data collection system consisting of a data logger and receivers used in combination with software to monitor and report on sports performance; downloadable sports performance monitoring software; downloadable sports performance measuring software; smart glasses
Deleted Filing Basis: 1(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 1944513 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.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Australia registration number 1944513 registered 07/29/2018 with a renewal date of __________ and an expiration date of 07/29/2028 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-20018003441783003c8d dcfc9fe66dad-222249294_._ 163158-Australia_Registra tion_Certificate_TM_No_19 44513.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Footwear; headware, namely hats and caps; athletic clothing, namely pants, shirts and shorts; athletic vests; sports clothing, namely pants, shirts and shorts; sports vests; smart clothing, namely pants, shirts, shorts and vests that incorporate digital components
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 1944513 filed 07/29/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 025 for Footwear; headware, namely hats and caps; athletic clothing, namely pants, shirts and shorts; athletic vests; sports clothing, namely pants, shirts and shorts; sports vests; smart clothing, namely pants, shirts, shorts and vests that incorporate digital components
Deleted Filing Basis: 1(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 1944513 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.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Australia registration number 1944513 registered 07/29/2018 with a renewal date of __________ and an expiration date of 07/29/2028 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU1-20018003441783003c8d dcfc9fe66dad-222249294_._ 163158-Australia_Registra tion_Certificate_TM_No_19 44513.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

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
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 1944513 filed 07/29/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 042 for Design and development of sports monitoring hardware and software
Deleted Filing Basis: 1(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 1944513 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.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Australia registration number 1944513 registered 07/29/2018 with a renewal date of __________ and an expiration date of 07/29/2028 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU2-20018003441783003c8d dcfc9fe66dad-222249294_._ 163158-Australia_Registra tion_Certificate_TM_No_19 44513.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2


APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Catapult Group International Ltd, a limited liability company legally organized under the laws of Australia, having an address of
      75 High Street
      Prahran, VIC, 3181
      Australia
      Email Address: XXXX
      +61-Proposed: Catapult Group International Ltd, a limited liability company legally organized under the laws of Australia, having an address of
      75 High Street
      Prahran, VIC, 3181
      Australia
      Email Address: XXXX
      +61-

The owner's/holder'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,
      Australia
The docket/reference number is 163158.

The phone number is +61-439035974.

The email address is tm@burnsip.com

The owner's/holder's 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 163158.

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.Correspondence Information (current):
      NATASHA BURNS
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@burnsip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Natasha@burnsip.com

The docket/reference number is 163158.
Correspondence Information (proposed):
      Natasha Burns
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@burnsip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Natasha@burnsip.com

The docket/reference number is 163158.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: /NJB/    Date: 05/01/2020
Signatory's Name: Natasha Burns
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 61 439 035 974

Response Suspension Inquiry Signature
Signature: /NJB/     Date: 05/01/2020
Signatory's Name: Natasha Burns
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 61 439 035 974

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: 88273848
Internet Transmission Date: Thu Apr 30 22:34:43 ET 2020
TEAS Stamp: USPTO/RSI-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200430223443710539-88273848-
710cca3215f739b11a2498fc1fe95688b27ccadb
8db393043976f8a9c22fd2f7db3-N/A-N/A-2020
0430222249294418