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
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88276312 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 128 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88276312/mark.png |
| LITERAL ELEMENT |
HIGH ELEVATION SIMULATION |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) |
| Please see the actual argument text attached within the Evidence section. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_649558195-20191010132518297379_._Response_to_Office_Action_-_HIGH_ELEVATION_SIMULATION.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\763\88276312\xml4\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\763\88276312\xml4\ROA0003.JPG |
| ORIGINAL PDF FILE |
evi_649558195-20191010132518297379_._Declaration_of_Casey_Danford_-_HIGH_ELEVATION_SIMULATION.pdf |
CONVERTED PDF FILE(S)
(6 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\763\88276312\xml4\ROA0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\763\88276312\xml4\ROA0005.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\763\88276312\xml4\ROA0006.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\763\88276312\xml4\ROA0007.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\763\88276312\xml4\ROA0008.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\763\88276312\xml4\ROA0009.JPG |
| DESCRIPTION OF EVIDENCE FILE |
two attachments: 1. Response to Office Action 2. Declaration of Casey Danford |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
028 |
| DESCRIPTION |
| Body-training apparatus; Exercise equipment, namely, resistance training exercise masks which restrict airflow; Martial arts training
equipment; Physical fitness equipment, namely, resistance training exercise masks which restrict airflow; Training apparatus for boxing, martial arts, and similar sports |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 10/01/2010 |
| FIRST USE IN COMMERCE DATE |
At least as early as 10/01/2010 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
028 |
| TRACKED TEXT DESCRIPTION |
Body-training apparatus; Exercise equipment, namely, resistance training exercise masks
which restrict airflow; Martial arts training equipment; Physical fitness equipment, namely, resistance training exercise masks which restrict
airflow; Training apparatus for boxing, martial arts, and similar sports; Training apparatus for boxing, martial arts,
and similar sports, namely, resistance training exercise masks which restrict airflow |
| FINAL DESCRIPTION |
| Body-training apparatus; Exercise equipment, namely, resistance training exercise masks which restrict airflow; Martial arts training
equipment; Physical fitness equipment, namely, resistance training exercise masks which restrict airflow; Training apparatus for boxing, martial arts, and similar sports, namely, resistance training
exercise masks which restrict airflow |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 10/01/2010 |
| FIRST USE IN COMMERCE DATE |
At least as early as 10/01/2010 |
| ATTORNEY SECTION (current) |
| NAME |
JOSEPH AGOSTINO |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
GREENBERG TRAURIG, LLP |
| INTERNAL ADDRESS |
SUITE 400 |
| STREET |
500 CAMPUS DRIVE |
| CITY |
FLORHAM PARK |
| STATE |
New Jersey |
| POSTAL CODE |
07932 |
| COUNTRY |
US |
| PHONE |
973-443-3572 |
| FAX |
973-295-1292 |
| EMAIL |
njdocket@gtlaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
150137042001 |
| ATTORNEY SECTION (proposed) |
| NAME |
JOSEPH AGOSTINO |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
GREENBERG TRAURIG, LLP |
| INTERNAL ADDRESS |
SUITE 400 |
| STREET |
500 CAMPUS DRIVE |
| CITY |
FLORHAM PARK |
| STATE |
New Jersey |
| POSTAL CODE |
07932 |
| COUNTRY |
United States |
| PHONE |
973-443-3572 |
| FAX |
973-295-1292 |
| EMAIL |
njdocket@gtlaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
150137042001 |
| CORRESPONDENCE SECTION (current) |
| NAME |
JOSEPH AGOSTINO |
| FIRM NAME |
GREENBERG TRAURIG, LLP |
| INTERNAL ADDRESS |
SUITE 400 |
| STREET |
500 CAMPUS DRIVE |
| CITY |
FLORHAM PARK |
| STATE |
New Jersey |
| POSTAL CODE |
07932 |
| COUNTRY |
US |
| PHONE |
973-443-3572 |
| FAX |
973-295-1292 |
| EMAIL |
njdocket@gtlaw.com; agostinoj@gtlaw.com; jarad@gtlaw.com; schuchards@gtlaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
150137042001 |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
JOSEPH AGOSTINO |
| FIRM NAME |
GREENBERG TRAURIG, LLP |
| INTERNAL ADDRESS |
SUITE 400 |
| STREET |
500 CAMPUS DRIVE |
| CITY |
FLORHAM PARK |
| STATE |
New Jersey |
| POSTAL CODE |
07932 |
| COUNTRY |
United States |
| PHONE |
973-443-3572 |
| FAX |
973-295-1292 |
| EMAIL |
njdocket@gtlaw.com; agostinoj@gtlaw.com; schuchards@gtlaw.com; scottjo@gtlaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
150137042001 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Joseph Agostino/ |
| SIGNATORY'S NAME |
Joseph Agostino |
| SIGNATORY'S POSITION |
Attorney of Record, New Jersey Bar Member |
| SIGNATORY'S PHONE NUMBER |
973-443-3572 |
| DATE SIGNED |
10/10/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Oct 10 14:21:50 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XX.XX.XXX-20
191010142150904730-882763
12-6103777e53506899ec87d2
69af88b4a976fd50dc94fc5b0
13a944f816967d45-N/A-N/A-
20191010132518297379 |
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.
88276312 HIGH ELEVATION SIMULATION(Standard Characters, see http://uspto.report/TM/88276312/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of two attachments: 1. Response to Office Action 2. Declaration of Casey Danford has been attached.
Original PDF file:
evi_649558195-20191010132518297379_._Response_to_Office_Action_-_HIGH_ELEVATION_SIMULATION.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_649558195-20191010132518297379_._Declaration_of_Casey_Danford_-_HIGH_ELEVATION_SIMULATION.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 028 for Body-training apparatus; Exercise equipment, namely, resistance training exercise masks which restrict airflow; Martial arts training equipment; Physical fitness
equipment, namely, resistance training exercise masks which restrict airflow; Training apparatus for boxing, martial arts, and similar sports
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/01/2010 and first used in commerce at least as early as 10/01/2010 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Body-training apparatus;
Exercise equipment, namely, resistance training exercise masks which restrict airflow;
Martial arts training equipment;
Physical fitness equipment, namely, resistance training exercise masks which restrict airflow;
Training apparatus for boxing, martial arts, and similar sports;
Training apparatus for boxing, martial arts, and similar sports, namely,
resistance training exercise masks which restrict airflowClass 028 for Body-training apparatus; Exercise equipment, namely, resistance training exercise masks which restrict airflow; Martial
arts training equipment; Physical fitness equipment, namely, resistance training exercise masks which restrict airflow; Training apparatus for boxing, martial arts, and similar sports, namely,
resistance training exercise masks which restrict airflow
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/01/2010 and first used in commerce at least as early as 10/01/2010 , and
is now in use in such commerce.
The applicant's current attorney information: JOSEPH AGOSTINO. JOSEPH AGOSTINO of GREENBERG TRAURIG, LLP, is located at
SUITE 400
500 CAMPUS DRIVE
FLORHAM PARK, New Jersey 07932
US
The docket/reference number is 150137042001.
The phone number is 973-443-3572.
The fax number is 973-295-1292.
The email address is njdocket@gtlaw.com
The applicants proposed attorney information: JOSEPH AGOSTINO. JOSEPH AGOSTINO of GREENBERG TRAURIG, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is
located at
SUITE 400
500 CAMPUS DRIVE
FLORHAM PARK, New Jersey 07932
United States
The docket/reference number is 150137042001.
The phone number is 973-443-3572.
The fax number is 973-295-1292.
The email address is njdocket@gtlaw.com
JOSEPH AGOSTINO 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: JOSEPH AGOSTINO. JOSEPH AGOSTINO of GREENBERG TRAURIG, LLP, is located at
SUITE 400
500 CAMPUS DRIVE
FLORHAM PARK, New Jersey 07932
US
The docket/reference number is 150137042001.
The phone number is 973-443-3572.
The fax number is 973-295-1292.
The email address is njdocket@gtlaw.com; agostinoj@gtlaw.com; jarad@gtlaw.com; schuchards@gtlaw.com
The applicants proposed correspondence information: JOSEPH AGOSTINO. JOSEPH AGOSTINO of GREENBERG TRAURIG, LLP, is located at
SUITE 400
500 CAMPUS DRIVE
FLORHAM PARK, New Jersey 07932
United States
The docket/reference number is 150137042001.
The phone number is 973-443-3572.
The fax number is 973-295-1292.
The email address is njdocket@gtlaw.com; agostinoj@gtlaw.com; schuchards@gtlaw.com; scottjo@gtlaw.com
SIGNATURE(S)
Response Signature
Signature: /Joseph Agostino/ Date: 10/10/2019
Signatory's Name: Joseph Agostino
Signatory's Position: Attorney of Record, New Jersey Bar Member
Signatory's Phone Number: 973-443-3572
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: JOSEPH AGOSTINO
GREENBERG TRAURIG, LLP
SUITE 400
500 CAMPUS DRIVE
FLORHAM PARK, New Jersey 07932
Mailing Address: JOSEPH AGOSTINO
GREENBERG TRAURIG, LLP
SUITE 400
500 CAMPUS DRIVE
FLORHAM PARK, New Jersey 07932
Serial Number: 88276312
Internet Transmission Date: Thu Oct 10 14:21:50 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20191010142150904
730-88276312-6103777e53506899ec87d269af8
8b4a976fd50dc94fc5b013a944f816967d45-N/A
-N/A-20191010132518297379
