TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88313725 CONQUER(Standard Characters, see http://uspto.report/TM/88313725/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of New Zealand registration number 1113456 registered 08/02/2019, with a renewal date of 08/02/2029 and an expiration date of 08/02/2029, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_24077000a2e1ee00ec15f6 4b8d5143a1-204532912_._NZ _TM_No._1113456_CONQUER_9 _41.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

The foreign registration that is the basis of the U.S. application under Section 44(e) of the Trademark Act (15 U.S.C. Section 1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Digital music downloadable from the Internet
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [New Zealand application number 1113456 filed 02/08/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 009 for Digital music downloadable from the Internet
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [New Zealand application number 1113456 filed 02/08/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ New Zealand registration number 1113456 registered 08/02/2019 with a renewal date of __________ and an expiration date of 08/02/2029 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-24077000a2e1ee00ec15 f64b8d5143a1-204532912_._ NZ_TM_No._1113456_CONQUER _9_41.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Publication of printed matter with respect to fitness and health club related programs and training materials; Publication of electronic media, namely, publication of music and video and audio visual resources with respect to fitness and health club related programs and training materials in digital format; Publication of on-line music and video and audio visual resources with respect to fitness and health club related programs; Publishing online electronic publications, namely, books, booklets, newsletters, magazines, manuals, posters and postcards all in relation to fitness and health club related programs in the field of fitness health and sport, over the Internet
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [New Zealand application number 1113456 filed 02/08/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 041 for Publication of printed matter with respect to fitness and health club related programs and training materials; Publication of electronic media, namely, publication of music and video and audio visual resources with respect to fitness and health club related programs and training materials in digital format; Publication of on-line music and video and audio visual resources with respect to fitness and health club related programs; Publishing online electronic publications, namely, books, booklets, newsletters, magazines, manuals, posters and postcards all in relation to fitness and health club related programs in the field of fitness health and sport, over the Internet
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [New Zealand application number 1113456 filed 02/08/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ New Zealand registration number 1113456 registered 08/02/2019 with a renewal date of __________ and an expiration date of 08/02/2029 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU1-24077000a2e1ee00ec15 f64b8d5143a1-204532912_._ NZ_TM_No._1113456_CONQUER _9_41.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Correspondence Information (current):
      LES MILLS INTERNATIONAL LIMITED
      PRIMARY EMAIL FOR CORRESPONDENCE: legal@lesmills.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): carina.barnett@lesmills.com
Correspondence Information (proposed):
      Elizabeth M. Fox
      PRIMARY EMAIL FOR CORRESPONDENCE: efox@kslaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): carina.barnett@lesmills.com; legal@lesmills.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Declaration Signature
System experiences issues when trying to connect to message retriever
Response Suspension Inquiry Signature
Signature: /Elizabeth M. Fox/     Date: 05/29/2020
Signatory's Name: Elizabeth M. Fox
Signatory's Position: Attorney of record
Signatory's Phone Number: 4045722743

Mailing Address:    LES MILLS INTERNATIONAL LIMITED
   
   
   22 CENTRE ST
   AUCKLAND,
Mailing Address:    Elizabeth M. Fox
   
   22 CENTRE ST
   AUCKLAND, 1010
        
Serial Number: 88313725
Internet Transmission Date: Mon Jun 01 17:55:01 ET 2020
TEAS Stamp: USPTO/RSI-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200601175501918341-88313725-
71049277cbd3128b99a1c24f3932e729475a86d1
a42357a4c6276e13ac79aacda3-N/A-N/A-20200
528204532912504