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)

---

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. 88353414  (Stylized and/or with Design, see http://uspto.report/TM/88353414/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: (Stylized and/or with Design, see http://uspto.report/TM/88353414/mark.png)
Proposed: (Stylized and/or with Design, see mark)
The color(s) black and green is/are claimed as a feature of the mark.
The mark consists of a blue circle to the lower right of a white amoeba like abstract form outlined in black.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 028 for Gymnastic, fitness and sporting articles, machines and apparatus; machines and apparatus for physical exercise; parts and fittings for all of the aforesaid goods
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 3110100 registered 10/02/2015 with a renewal date of 05/22/2025 and an expiration date of 05/22/2025 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Gymnastic, fitness and sporting articles, machines and apparatus; Exercise machines, namely, elliptical exercise machines, stair-stepping machines, treadmills, stationary cycles, rowing machines and weight lifting machines; machines and apparatus for physical exercise; exercise benches; parts and fittings for all of the aforesaid goods; exercise equipment namely, exercise weights, exercise balls, exercise bars, abdominal boards, exercise trampolines, and aerobic steps; exercise trampolines; stress relief balls for hand exercise; punching bags; boxing gloves; jump ropes; protective pads, namely, arm and leg pads for boxing; yoga equipment, namely, straps and blocksClass 028 for Exercise machines, namely, elliptical exercise machines, stair-stepping machines, treadmills, stationary cycles, rowing machines and weight lifting machines; exercise benches; exercise equipment namely, exercise weights, exercise balls, exercise bars, abdominal boards, exercise trampolines, and aerobic steps; exercise trampolines; stress relief balls for hand exercise; punching bags; boxing gloves; jump ropes; protective pads, namely, arm and leg pads for boxing; yoga equipment, namely, straps and blocks
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3110100 registered 10/02/2015 with a renewal date of 05/22/2025 and an expiration date of 05/22/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following:
Current: Class 041 for Leisure centre, health club, fitness centre and gymnasium services; provision of training and education relating to gym use, weight training, body building, aerobics, physical exercise, physical rehabilitation, diet, nutrition, health and beauty; instructional services relating to gymnastics, weight training, body building, aerobics, indoor cycling, physical exercise, physical rehabilitation, personal training services; instructional services relating to diet, nutrition, health and beauty; information and advisory services relating to the aforesaid services
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 3110100 registered 10/02/2015 with a renewal date of 05/22/2025 and an expiration date of 05/22/2025 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Leisure centre, health club, fitness centre and gymnasium services; Health clubs for physical exercise; provision of training and education relating to gym use, weight training, body building, aerobics, physical exercise, physical rehabilitation, diet, nutrition, health and beauty; Health club services, namely, providing instruction and equipment in the field of physical exercise; instructional services relating to gymnastics, weight training, body building, aerobics, indoor cycling, physical exercise, physical rehabilitation, personal training services; gymnasium services; instructional services relating to diet, nutrition, health and beauty; Providing fitness training in the fields of weight training, body building, aerobics, physical exercise, physical rehabilitation, diet, nutrition, health and beauty; information and advisory services relating to the aforesaid services; Educational training services in the fields of gymnastics, weight training, body building, aerobics, indoor cycling, physical exercise, physical rehabilitation, personal fitness training services; Educational training in the fields of diet, nutrition, health and beauty; physical fitness consultation.Class 041 for Health clubs for physical exercise; Health club services, namely, providing instruction and equipment in the field of physical exercise; gymnasium services; Providing fitness training in the fields of weight training, body building, aerobics, physical exercise, physical rehabilitation, diet, nutrition, health and beauty; Educational training services in the fields of gymnastics, weight training, body building, aerobics, indoor cycling, physical exercise, physical rehabilitation, personal fitness training services; Educational training in the fields of diet, nutrition, health and beauty; physical fitness consultation.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3110100 registered 10/02/2015 with a renewal date of 05/22/2025 and an expiration date of 05/22/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Pure Gym Limited, a company legally organized under the laws of UNITED KINGDOM, having an address of

            Town Centre House,      Merrion Centre
      Leeds, LS28LY
      United Kingdom
      Email Address: XXXX

Proposed: Pure Gym Limited, COMPANY legally organized under the laws of United Kingdom, having an address of
      Town Centre House,
      Merrion Centre
      Leeds, LS28LY
      United Kingdom
      Email Address: XXXX
Correspondence Information (current):
      Jay Begler
      PRIMARY EMAIL FOR CORRESPONDENCE: jbegler@nvlawllp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): begler@sbcglobal.net
Correspondence Information (proposed):
      Jay Begler
      PRIMARY EMAIL FOR CORRESPONDENCE: jbegler@nvlawllp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): begler@sbcglobal.net

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

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant has filed an amendment of services and new drawing, but is unable to obtain the registration certificate and requests and extension of time. Applicant is a UK company. Applicant's attorney receives instructions from Applicant's UK attorney. Applicant's UK attorney is still in lockdown mode and thus can't get the certificate of registration. Under the circumstances if possible Applicant requests a 30 day extension to file the corresponding registration certificate.


SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Jay Begler/     Date: 06/22/2020
Signatory's Name: Jay Begler
Signatory's Position: Attorney of Record NY

Signatory's Phone Number: 4158825300

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:    Jay Begler
   NIESAR & VESTAL
   NINTH FLOOR
   90 NEW MONTGOMERY ST,
   SAN FRANCISCO, California 94105
Mailing Address:    Jay Begler
   NIESAR & VESTAL
   NINTH FLOOR
   90 NEW MONTGOMERY ST,
   SAN FRANCISCO, California 94105
        
Serial Number: 88353414
Internet Transmission Date: Mon Jun 22 16:16:20 ET 2020
TEAS Stamp: USPTO/RFR-XX.X.XX.XX-2020062216162022035
2-88353414-7108a8833d7b48498ffbe5fb45d64
5931c87d2efd99fa3e39b2f71babf7a508179-N/
A-N/A-20200622160707915742