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 |
88300420 |
LAW OFFICE ASSIGNED |
LAW OFFICE 126 |
MARK SECTION |
MARK |
http://uspto.report/TM/88300420/mark.png |
LITERAL ELEMENT |
ALTITUDE |
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. |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Retail services in the field of exercise equipment and fitness equipment, including aerial arts equipment; franchising services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Retail services in the field of exercise equipment and fitness equipment, including aerial arts
equipment; Retail store sales and services of pole and aerial fitness equipment and accessories.; franchising
services |
FINAL DESCRIPTION |
Retail store sales and services of pole and aerial fitness equipment and accessories. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Recreation, training, sporting and educational services; provision of group and individual exercise instruction; physical fitness and
exercise instruction, including aerial arts, pole fitness, and yoga instruction; gymnastic and dance instruction; provision of fitness, exercise and dance facilities, conducting exercise classes;
provision of apparatus for exercise and fitness; party and event planning services; organization of entertainment and fitness events; advisory and consultancy regarding the aforesaid, including via a
website; none of the aforesaid being related to endurance training at high altitudes |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Recreation, training, sporting and educational services; Personal
training services in pole and aerial arts fitness.; provision of group and individual exercise instruction; physical
fitness and exercise instruction, including aerial arts, pole fitness, and yoga instruction; gymnastic and dance instruction; provision of fitness, exercise and dance facilities, conducting exercise classes; provision of apparatus for exercise and fitness; party and event planning services; organization of entertainment and fitness events; advisory and
consultancy regarding the aforesaid, including via a website; none of the aforesaid being related to endurance training at high altitudes |
FINAL DESCRIPTION |
Personal training services in pole and aerial arts fitness. |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Laurence J. Pino/ |
SIGNATORY'S NAME |
Laurence J. Pino |
SIGNATORY'S POSITION |
Attorney of Record |
SIGNATORY'S PHONE NUMBER |
(407) 206-6511 |
DATE SIGNED |
07/01/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Jul 01 16:22:14 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.X-201
90701162214671536-8830042
0-620a36fc663c601e87fc56a
1c85f4df3393e78b9ce415c28
1b13012b48cf61eb7-N/A-N/A
-20190701155550813737 |
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.
88300420 ALTITUDE(Standard Characters, see http://uspto.report/TM/88300420/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail services in the field of exercise equipment and fitness equipment, including aerial arts equipment; franchising services
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: Retail services in the field of exercise equipment and fitness equipment, including aerial arts equipment;
Retail store sales and services of pole and aerial fitness equipment and accessories.;
franchising servicesClass 035 for Retail store sales and
services of pole and aerial fitness equipment and accessories.
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 041 for Recreation, training, sporting and educational services; provision of group and individual exercise instruction; physical fitness and exercise instruction, including
aerial arts, pole fitness, and yoga instruction; gymnastic and dance instruction; provision of fitness, exercise and dance facilities, conducting exercise classes; provision of apparatus for exercise
and fitness; party and event planning services; organization of entertainment and fitness events; advisory and consultancy regarding the aforesaid, including via a website; none of the aforesaid
being related to endurance training at high altitudes
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: Recreation, training, sporting and educational services;
Personal training services in pole and
aerial arts fitness.;
provision of group and individual exercise instruction;
physical fitness and exercise instruction,
including aerial arts, pole fitness, and yoga instruction;
gymnastic and dance instruction;
provision of fitness, exercise
and dance facilities, conducting exercise classes;
provision of apparatus for exercise and fitness;
party and event
planning services;
organization of entertainment and fitness events;
advisory and consultancy regarding the aforesaid,
including via a website;
none of the aforesaid being related to endurance training at high altitudesClass 041 for Personal training services in pole and
aerial arts fitness.
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.
SIGNATURE(S)
Response Signature
Signature: /Laurence J. Pino/ Date: 07/01/2019
Signatory's Name: Laurence J. Pino
Signatory's Position: Attorney of Record
Signatory's Phone Number: (407) 206-6511
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 88300420
Internet Transmission Date: Mon Jul 01 16:22:14 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201907011622146715
36-88300420-620a36fc663c601e87fc56a1c85f
4df3393e78b9ce415c281b13012b48cf61eb7-N/
A-N/A-20190701155550813737