Response to Office Action

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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88309360 SPARTAN (Stylized and/or with Design, see http://uspto.report/TM/88309360/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see argument in evidence section.

EVIDENCE
Evidence in the nature of Argument has been attached.
Original PDF file:
evi_1-10818131175-20190922121636119916_._88309360__Response_to_Office_Action_Class_44.pdf
Converted PDF file(s) ( 14 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Consulting services in the field of nutrition and behavioral health; providing a website featuring information on nutrition, human psychology, and behavior modification to achieve improved health outcomes
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: Consulting services in the field of nutrition and behavioral health; Providing a website featuring information on nutrition to achieve improved health outcomes; providing a website featuring information on nutrition, human psychology, and behavior modification to achieve improved health outcomesClass 044 for Providing a website featuring information on nutrition to achieve improved health outcomes
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.

The applicant's current attorney information: Peter J. Riebling. Peter J. Riebling of RIEBLING IP, PLLC, is located at

      SUITE 1025
      1717 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006-3951
      US
The docket/reference number is 386499-00019.

The phone number is 202-631-2021.

The fax number is 2025599163.

The email address is peter.riebling@rieblinglaw.com

The applicants proposed attorney information: Peter J. Riebling. Peter J. Riebling of RIEBLING IP, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1717 PENNSYLVANIA AVE., NW STE. 1025
      WASHINGTON, District of Columbia 20006-3951
      United States
The docket/reference number is 386499-00019.

The phone number is 202-631-2021.

The email address is peter.riebling@rieblinglaw.com

Peter J. Riebling 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: PETER J. RIEBLING. PETER J. RIEBLING of RIEBLING IP, PLLC, is located at

      SUITE 1025
      1717 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006-3951
      US
The docket/reference number is 386499-00019.

The phone number is 202-631-2021.

The fax number is 2025599163.

The email address is peter.riebling@rieblinglaw.com; docketing@rieblinglaw.com; valerie.purdy-pyeron@rieblinglaw.com; File.Room@rieblinglaw.comom

The applicants proposed correspondence information: Peter J. Riebling. Peter J. Riebling of RIEBLING IP, PLLC, is located at

      1717 PENNSYLVANIA AVE., NW STE. 1025
      WASHINGTON, District of Columbia 20006-3951
      United States
The docket/reference number is 386499-00019.

The phone number is 202-631-2021.

The email address is peter.riebling@rieblinglaw.com; docketing@rieblinglaw.com

SIGNATURE(S)
Response Signature
Signature: /peter j. riebling/     Date: 09/22/2019
Signatory's Name: PETER J. RIEBLING
Signatory's Position: Attorney of Record, Member of District of Columbia Bar

Signatory's Phone Number: 2026312021

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:    PETER J. RIEBLING
   RIEBLING IP, PLLC
   SUITE 1025
   1717 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20006-3951
Mailing Address:    Peter J. Riebling
   RIEBLING IP, PLLC
   1717 PENNSYLVANIA AVE., NW STE. 1025
   WASHINGTON, District of Columbia 20006-3951
        
Serial Number: 88309360
Internet Transmission Date: Sun Sep 22 12:20:46 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201909221220467
43027-88309360-610945227db735f16f64e0dba
aef6dd989b4e18cbe1a36154ff9c8977d9a3dc98
-N/A-N/A-20190922121636119916