Notation to File

SPARTAN

Spartan Race, Inc.

RE: U.S. TRADEMARK APPLICATION SERIAL NO. 88309363 (SPARTAN and design) - response requested for Examiner's Amendment and Priority Action   Tiffany,   Go with:   online educational courses, lectures, seminars, workshops, presentations, podcasts, and training featuring non-downloadable videos, non-downloadable electronic publications in the nature of articles, newsletters, manuals, pamphlets, guidebooks, electronic mail messages, and non-downloadable e-books featuring panel discussions and coaching in the fields of success, life performance, business performance, motivation, psychology, core virtues, values, fitness, exercise, strength, conditioning, exercise improvement, mental toughness, self-awareness, self-mastery, mental strength and control, emotional strength and control, nutrition, grit, mind-body character development, physical fitness, health, wellness, and self improvement;   Kindest regards,   Peter     PETER J. RIEBLING Principal Riebling IP, PLLC    1717 Pennsylvania Avenue, NW, Suite 1025 / Washington, DC 20006-3951 p / (202) 631-2021 m / (202) 316-2950 peter.riebling@rieblinglaw.com / www.rieblinglaw.com P Please consider the environment before printing this email. ______________________________________________________ This communication may contain information which is confidential, proprietary and/or protected by the attorney-client privilege and the work product doctrine.  It is the property of Riebling IP, PLLC.  Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful.  If you have received this communication in error, please notify us immediately by return email or telephone, and destroy this communication and all copies thereof, including all attachments.   From: Chiang, Tiffany <Tiffany.Chiang@USPTO.GOV> Sent: Tuesday, March 26, 2019 1:40 PM To: Peter J. Riebling <peter.riebling@rieblinglaw.com> Subject: U.S. TRADEMARK APPLICATION SERIAL NO. 88309363 (SPARTAN and design) - response requested for Examiner's Amendment and Priority Action   Dear Mr. Riebling,   I am in receipt of the above entitled trademark application, accessible here:  http://tsdr.uspto.gov/#caseNumber=88309363&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch   Upon review, one of the identified services needs further clarification.  Specifically, the highlighted and underlined wording in the following identification “online educational courses, lectures, seminars, workshops, presentation, podcasts, and training featuring non-downloadable videos, non-downloadable electronic publications, and e-books featuring panel discussions and coaching in the fields of success, life performance, business performance, motivation, psychology, core virtues, values, fitness, exercise, strength, conditioning, exercise improvement, mental toughness, self-awareness, self-mastery, mental strength and control, emotional strength and control, nutrition, grit, mind-body character development, physical fitness, health, wellness, and self improvement” is indefinite because applicant must specify the particular types of non-downloadable electronic publications offered for the identification to be acceptably definite (e.g. articles, newsletters, manuals, pamphlets).  Additionally, the identification for e-books needs to be clarified that the e-books provided are non-downloadable to be properly classified in Class 41 as follows:   Class 41 –   “Providing personal training and physical fitness consultation to corporate clients to help their employees make physical fitness, strength, conditioning, and exercise alterations in their daily living; providing group coaching and in-person learning forums in the field of leadership development; entertainment in the nature of obstacle courses, endurance events, endurance races, athletic events, sporting events and competitions; arranging, organizing and conducting obstacle courses, endurance events, endurance races, athletic events, sporting events and competitions; conducting fitness classes; physical fitness training of individuals and groups; physical fitness assessment services; physical fitness boot camp; consulting services in the fields of fitness and exercise; counseling services in the fields of physical fitness, sports and exercise; physical fitness instruction; providing assistance, personal training and physical fitness consultation to individuals to help them make physical fitness, strength, conditioning, and exercise improvement in their daily living; providing a website featuring information on fitness, sports, and exercise; providing a website featuring non-downloadable videos and images in the fields of athletic competitions, fitness and exercise; providing a website featuring blogs and non-downloadable publications in the nature of articles and magazines in the fields of fitness and exercise; entertainment services, namely, providing podcasts in the fields of exercise, personal training, health and self-improvement; entertainment services, namely, providing video podcasts in the fields of exercise, personal training, health and self-improvement; educational and entertainment services, namely, providing motivational and educational speakers; educational services, namely, conducting classes, seminars, conferences, workshops and programs in the fields of physical fitness, mental fitness, nutrition, leadership, team building, survival training, behavior modification, sports, exercise, health, wellness, and self-improvement and distribution of course and educational materials in connection therewith; educational services, namely, providing training to employees of corporations and businesses in the fields of physical fitness, mental fitness, leadership, team building, and obstacle course creation and distribution of course and educational materials in connection therewith; educational and entertainment services, namely, an educational program, course and curriculum about what it takes to achieve success in any field or endeavor and distribution of course and educational materials in connection therewith; online educational courses, lectures, seminars, workshops, presentation, podcasts, and training featuring non-downloadable videos, non-downloadable electronic publications in the nature of __________[indicate publication types offered, e.g., articles, newsletters, manuals, pamphlets], and non-downloadable e-books featuring panel discussions and coaching in the fields of success, life performance, business performance, motivation, psychology, core virtues, values, fitness, exercise, strength, conditioning, exercise improvement, mental toughness, self-awareness, self-mastery, mental strength and control, emotional strength and control, nutrition, grit, mind-body character development, physical fitness, health, wellness, and self improvement; leadership development training in the field of business.”

NOTE TO THE FILE


SERIAL NUMBER:            88309363

DATE:                                03/27/2019

NAME:                               tchiang

NOTE:         

Searched:                                                             
     Google                            
     Lexis/Nexis                       
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
     Other:

Checked:                                                             
     Geographic significance          
     Surname                          
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search       X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        DO NOT PRINT           Added design code in TRADEUPS
     Description of the mark
     Translation statement                  Re-imaged standard character
                                            drawing
     Negative translation statement             
     Consent of living individual           Contacted TM MADRID ID/CLASS
                                            about misclassified definite ID
 X   Changed TRADEUPS to:
amended identification of services.

 X   OTHER: simlar identification published in copending application serial no. 87498264 on 5/1/2018

From: Peter J. Riebling [mailto:peter.riebling@rieblinglaw.com]
Sent: Tuesday, March 26, 2019 7:56 PM
To: Chiang, Tiffany <Tiffany.Chiang@USPTO.GOV>
Subject: RE: U.S. TRADEMARK APPLICATION SERIAL NO. 88309363 (SPARTAN and design) - response requested for Examiner's Amendment and Priority Action

 

Tiffany,

 

Go with:

 

online educational courses, lectures, seminars, workshops, presentations, podcasts, and training featuring non-downloadable videos, non-downloadable electronic publications in the nature of articles, newsletters, manuals, pamphlets, guidebooks, electronic mail messages, and non-downloadable e-books featuring panel discussions and coaching in the fields of success, life performance, business performance, motivation, psychology, core virtues, values, fitness, exercise, strength, conditioning, exercise improvement, mental toughness, self-awareness, self-mastery, mental strength and control, emotional strength and control, nutrition, grit, mind-body character development, physical fitness, health, wellness, and self improvement;

 

Kindest regards,

 

Peter

 

 

PETER J. RIEBLING

Principal

Riebling IP, PLLC   

1717 Pennsylvania Avenue, NW, Suite 1025 / Washington, DC 20006-3951

p / (202) 631-2021 m / (202) 316-2950

peter.riebling@rieblinglaw.com / www.rieblinglaw.com

P Please consider the environment before printing this email.

______________________________________________________

This communication may contain information which is confidential, proprietary and/or protected by the attorney-client privilege and the work product doctrine.  It is the property of Riebling IP, PLLC.  Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful.  If you have received this communication in error, please notify us immediately by return email or telephone, and destroy this communication and all copies thereof, including all attachments.

 

From: Chiang, Tiffany <Tiffany.Chiang@USPTO.GOV>
Sent: Tuesday, March 26, 2019 1:40 PM
To: Peter J. Riebling <
peter.riebling@rieblinglaw.com>
Subject: U.S. TRADEMARK APPLICATION SERIAL NO. 88309363 (SPARTAN and design) - response requested for Examiner's Amendment and Priority Action

 

Dear Mr. Riebling,

 

I am in receipt of the above entitled trademark application, accessible here:  http://tsdr.gov.uspto.report/#caseNumber=88309363&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

 

Upon review, one of the identified services needs further clarification.  Specifically, the highlighted and underlined wording in the following identification “online educational courses, lectures, seminars, workshops, presentation, podcasts, and training featuring non-downloadable videos, non-downloadable electronic publications, and e-books featuring panel discussions and coaching in the fields of success, life performance, business performance, motivation, psychology, core virtues, values, fitness, exercise, strength, conditioning, exercise improvement, mental toughness, self-awareness, self-mastery, mental strength and control, emotional strength and control, nutrition, grit, mind-body character development, physical fitness, health, wellness, and self improvement” is indefinite because applicant must specify the particular types of non-downloadable electronic publications offered for the identification to be acceptably definite (e.g. articles, newsletters, manuals, pamphlets).  Additionally, the identification for e-books needs to be clarified that the e-books provided are non-downloadable to be properly classified in Class 41 as follows:

 

Class 41 –

 

“Providing personal training and physical fitness consultation to corporate clients to help their employees make physical fitness, strength, conditioning, and exercise alterations in their daily living; providing group coaching and in-person learning forums in the field of leadership development; entertainment in the nature of obstacle courses, endurance events, endurance races, athletic events, sporting events and competitions; arranging, organizing and conducting obstacle courses, endurance events, endurance races, athletic events, sporting events and competitions; conducting fitness classes; physical fitness training of individuals and groups; physical fitness assessment services; physical fitness boot camp; consulting services in the fields of fitness and exercise; counseling services in the fields of physical fitness, sports and exercise; physical fitness instruction; providing assistance, personal training and physical fitness consultation to individuals to help them make physical fitness, strength, conditioning, and exercise improvement in their daily living; providing a website featuring information on fitness, sports, and exercise; providing a website featuring non-downloadable videos and images in the fields of athletic competitions, fitness and exercise; providing a website featuring blogs and non-downloadable publications in the nature of articles and magazines in the fields of fitness and exercise; entertainment services, namely, providing podcasts in the fields of exercise, personal training, health and self-improvement; entertainment services, namely, providing video podcasts in the fields of exercise, personal training, health and self-improvement; educational and entertainment services, namely, providing motivational and educational speakers; educational services, namely, conducting classes, seminars, conferences, workshops and programs in the fields of physical fitness, mental fitness, nutrition, leadership, team building, survival training, behavior modification, sports, exercise, health, wellness, and self-improvement and distribution of course and educational materials in connection therewith; educational services, namely, providing training to employees of corporations and businesses in the fields of physical fitness, mental fitness, leadership, team building, and obstacle course creation and distribution of course and educational materials in connection therewith; educational and entertainment services, namely, an educational program, course and curriculum about what it takes to achieve success in any field or endeavor and distribution of course and educational materials in connection therewith; online educational courses, lectures, seminars, workshops, presentation, podcasts, and training featuring non-downloadable videos, non-downloadable electronic publications in the nature of __________[indicate publication types offered, e.g., articles, newsletters, manuals, pamphlets], and non-downloadable e-books featuring panel discussions and coaching in the fields of success, life performance, business performance, motivation, psychology, core virtues, values, fitness, exercise, strength, conditioning, exercise improvement, mental toughness, self-awareness, self-mastery, mental strength and control, emotional strength and control, nutrition, grit, mind-body character development, physical fitness, health, wellness, and self improvement; leadership development training in the field of business.”

 

If you can provide some directions of how you’d like to resolve the indefinite wording in this mark by Friday 3/29, I can assist you with entered the amendments via Examiner’s Amendment.

 

Thank you, and I look forward to assisting you with your trademark application.

 

Tiffany Y. Chiang

Trademark Examining Attorney

United States Patent and Trademark Office | Law Office 113

Tel. 571. 272.7681 |Tiffany.Chiang@uspto.gov


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