TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

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

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88308114 IDEAL BODY FAT SETPOINT(Standard Characters, see http://uspto.report/TM/88308114/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 035 for Business management advisory services relating to franchising of personal training gyms, fitness centers and exercise facilities; Franchising, namely, consultation and assistance in business management, organization and promotion of personal training gyms, fitness centers and exercise facilities; Personal training services, namely, strength and conditioning training; Physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; Physical fitness training services; Providing fitness and exercise facilities; Providing a website featuring information and advice in the field of strength and conditioning training in the nature of exercise and fitness; Personal coaching in the fields of strength and conditioning training and lifestyle wellness; Providing a website featuring information and advice in the field of strength and conditioning training in the nature of physical rehabilitation

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 (Original Class: 035 ) for Personal training services, namely, strength and conditioning training; Physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; Physical fitness training services; Providing fitness and exercise facilities; Providing a website featuring information and advice in the field of strength and conditioning training in the nature of exercise and fitness; Personal coaching in the fields of strength and conditioning training and lifestyle wellness
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). 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 the use of the mark in commerce as of the application 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. The mark was first used at least as early as 01/00/2019 and first used in commerce at least as early as 02/19/2019 , and is now in use in such commerce.

Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for Providing a website featuring information and advice in the field of strength and conditioning training in the nature of physical rehabilitation
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). 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 the use of the mark in commerce as of the application 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. The mark was first used at least as early as 01/00/2019 and first used in commerce at least as early as 02/00/2019 , and is now in use in such commerce.

The applicant's current attorney information: RICHARD L MORRIS JR ESQ. RICHARD L MORRIS JR ESQ of TRADEMARKRENEWALS.COM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      C/O 1-800-4-TRADEMARK
      P.O. BOX 398538
      MIAMI BEACH, Florida 33239
      US

The phone number is 305-673-6686.

The fax number is 3056736872.

The email address is richard@4trademark.com

The applicants proposed attorney information: RICHARD L MORRIS JR ESQ. RICHARD L MORRIS JR ESQ of TRADEMARKRENEWALS.COM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      C/O 1-800-4-TRADEMARK
      P.O. BOX 398538
      MIAMI BEACH, Florida 33239
      United States

The phone number is 305-673-6686.

The fax number is 3056736872.

The email address is richard@4trademark.com

RICHARD L MORRIS JR ESQ 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: RICHARD L MORRIS JR ESQ. RICHARD L MORRIS JR ESQ of TRADEMARKRENEWALS.COM, is located at

      C/O 1-800-4-TRADEMARK
      P.O. BOX 398538
      MIAMI BEACH, Florida 33239
      US

The phone number is 305-673-6686.

The fax number is 3056736872.

The email address is richard@4trademark.com

The applicants proposed correspondence information: RICHARD L MORRIS JR ESQ. RICHARD L MORRIS JR ESQ of TRADEMARKRENEWALS.COM, is located at

      C/O 1-800-4-TRADEMARK
      P.O. BOX 398538
      MIAMI BEACH, Florida 33239
      United States

The phone number is 305-673-6686.

The fax number is 3056736872.

The email address is richard@4trademark.com

FEE(S)
Fee(s) in the amount of $275 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: /rmorris/      Date: 11/19/2019
Signatory's Name: RICHARD L MORRIS JR ESQ
Signatory's Position: ATTORNEY OF RECORD
Signatory's Phone Number: 3056736686


Request for Reconsideration Signature
Signature: /RMORRIS/     Date: 11/19/2019
Signatory's Name: RICHARD L MORRIS JR ESQ
Signatory's Position: ATTORNEY OF RECORD

Signatory's Phone Number: 3056736686

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    RICHARD L MORRIS JR ESQ
   TRADEMARKRENEWALS.COM
   C/O 1-800-4-TRADEMARK
   P.O. BOX 398538
   MIAMI BEACH, Florida 33239
Mailing Address:    RICHARD L MORRIS JR ESQ
   TRADEMARKRENEWALS.COM
   C/O 1-800-4-TRADEMARK
   P.O. BOX 398538
   MIAMI BEACH, Florida 33239
        
RAM Sale Number: 88308114
RAM Accounting Date: 11/19/2019
        
Serial Number: 88308114
Internet Transmission Date: Tue Nov 19 10:31:41 EST 2019
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XXX-2019111910314149
4609-88308114-700d837ed8afa4f51672eabf9c
dcb476525aa7325e2ca18ce3451811e3a385c516
a-CC-31390478-20191119102655094491