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. 88349317 UPROAR(Standard Characters, see http://uspto.report/TM/88349317/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 041 for Providing fitness and exercise instruction and classes both outside as well as indoors, training services including boot camps, body sculpting classes, and group fitness classes; personal coaching services in the field of fitness, nutrition and motivational improvements; consulting services in the fields of fitness and exercise; 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, classes and seminars in the field of physical fitness, exercise, nutrition, and fitness
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: Providing fitness and exercise instruction and classes both outside as well as indoors, training services including boot camps, body sculpting classes, and group fitness classes; Providing fitness and exercise instruction and classes both outside as well as indoors, physical fitness training services, fitness boot camps, body sculpting classes, and group fitness classes; personal coaching services in the field of fitness, nutrition and motivational improvements; personal coaching services in the field of fitness, nutrition and motivational exercises for physical fitness improvements; consulting services in the fields of fitness and exercise; 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 assistance in the nature of non-medical physical fitness performance evaluations, personal fitness 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, classes and seminars in the field of physical fitness, exercise, nutrition, and fitness; providing a website featuring information, classes and seminars in the field of physical fitness, exercise, and fitnessClass 041 for Providing fitness and exercise instruction and classes both outside as well as indoors, physical fitness training services, fitness boot camps, body sculpting classes, and group fitness classes; personal coaching services in the field of fitness, nutrition and motivational exercises for physical fitness improvements; consulting services in the fields of fitness and exercise; providing assistance in the nature of non-medical physical fitness performance evaluations, personal fitness 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, classes and seminars in the field of physical fitness, exercise, and 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: /Thomas L. Difloure/     Date: 06/10/2019
Signatory's Name: Thomas L. Difloure
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 3105785141

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: 88349317
Internet Transmission Date: Mon Jun 10 15:57:37 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20190610155737468
081-88349317-6206a22273418a4fbe968d995e8
30cca6d43f4a2dd175a181db27d13625bb6b022-
N/A-N/A-20190610121651271688