Response to Office Action

RECOVER

Buzzer3 LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88358846
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88358846/mark.png
LITERAL ELEMENT RECOVER
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) white and blue is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the word "ReCOVER" in a white stylized font with a horizontal blue line above the first, lowercase "e". The color black represents background and is not part of the mark.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 041
DESCRIPTION
Personal fitness training services and consultancy; physical conditioning services
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 05/05/2018
        FIRST USE IN COMMERCE DATE At least as early as 05/05/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Personal fitness training services and consultancy; physical conditioning services
FINAL DESCRIPTION Personal fitness training services and consultancy
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 05/05/2018
       FIRST USE IN COMMERCE DATE At least as early as 05/05/2018
ADDITIONAL STATEMENTS SECTION
SUPPLEMENTAL REGISTER The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').
ATTORNEY SECTION (current)
NAME Peter Nussbaum
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME CHIESA SHAHINIAN & GIANTOMASI PC
STREET ONE BOLAND DRIVE
CITY WEST ORANGE
STATE New Jersey
POSTAL CODE 07052
COUNTRY US
PHONE 973-530-2025
FAX 973-530-2225
EMAIL pnussbaum@csglaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 17703/1/8
ATTORNEY SECTION (proposed)
NAME Peter Nussbaum
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME CHIESA SHAHINIAN & GIANTOMASI PC
STREET ONE BOLAND DRIVE
CITY WEST ORANGE
STATE New Jersey
POSTAL CODE 07052
COUNTRY United States
PHONE 973-530-2025
FAX 973-530-2225
EMAIL pnussbaum@csglaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 17703/1/8
OTHER APPOINTED ATTORNEY Joshua Lee, Abigail Remore, Neha Bhalani, Paula Brueckner. Anthony DiIonno
CORRESPONDENCE SECTION (current)
NAME PETER NUSSBAUM
FIRM NAME CHIESA SHAHINIAN & GIANTOMASI PC
STREET ONE BOLAND DRIVE
CITY WEST ORANGE
STATE New Jersey
POSTAL CODE 07052
COUNTRY US
PHONE 973-530-2025
FAX 973-530-2225
EMAIL pnussbaum@csglaw.com; trademarks@csglaw.com; tmdocketing@csglaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 17703/1/8
CORRESPONDENCE SECTION (proposed)
NAME Peter Nussbaum
FIRM NAME CHIESA SHAHINIAN & GIANTOMASI PC
STREET ONE BOLAND DRIVE
CITY WEST ORANGE
STATE New Jersey
POSTAL CODE 07052
COUNTRY United States
PHONE 973-530-2025
FAX 973-530-2225
EMAIL pnussbaum@csglaw.com; trademarks@csglaw.com; tmdocketing@csglaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 17703/1/8
SIGNATURE SECTION
RESPONSE SIGNATURE /Peter Nussbaum/
SIGNATORY'S NAME Peter Nussbaum
SIGNATORY'S POSITION Attorny of Record, NJ Bar Member
SIGNATORY'S PHONE NUMBER 973-530-2025
DATE SIGNED 12/11/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Dec 11 15:13:21 EST 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
191211151321488339-883588
46-7008bf4cacfabb14717c8f
38f78e2cde6fb74955eeacc65
4ba6a57ab555db4a42e5-N/A-
N/A-20191211151131269833



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. 88358846 RECOVER (Stylized and/or with Design, see http://uspto.report/TM/88358846/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 Personal fitness training services and consultancy; physical conditioning services
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/05/2018 and first used in commerce at least as early as 05/05/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Personal fitness training services and consultancy; physical conditioning servicesClass 041 for Personal fitness training services and consultancy
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/05/2018 and first used in commerce at least as early as 05/05/2018 , and is now in use in such commerce.
The applicant's current attorney information: Peter Nussbaum. Peter Nussbaum of CHIESA SHAHINIAN & GIANTOMASI PC, is located at

      ONE BOLAND DRIVE
      WEST ORANGE, New Jersey 07052
      US
The docket/reference number is 17703/1/8.

The phone number is 973-530-2025.

The fax number is 973-530-2225.

The email address is pnussbaum@csglaw.com

The applicants proposed attorney information: Peter Nussbaum. Other appointed attorneys are Joshua Lee, Abigail Remore, Neha Bhalani, Paula Brueckner. Anthony DiIonno. Peter Nussbaum of CHIESA SHAHINIAN & GIANTOMASI PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      ONE BOLAND DRIVE
      WEST ORANGE, New Jersey 07052
      United States
The docket/reference number is 17703/1/8.

The phone number is 973-530-2025.

The fax number is 973-530-2225.

The email address is pnussbaum@csglaw.com

Peter Nussbaum 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 NUSSBAUM. PETER NUSSBAUM of CHIESA SHAHINIAN & GIANTOMASI PC, is located at

      ONE BOLAND DRIVE
      WEST ORANGE, New Jersey 07052
      US
The docket/reference number is 17703/1/8.

The phone number is 973-530-2025.

The fax number is 973-530-2225.

The email address is pnussbaum@csglaw.com; trademarks@csglaw.com; tmdocketing@csglaw.com

The applicants proposed correspondence information: Peter Nussbaum. Peter Nussbaum of CHIESA SHAHINIAN & GIANTOMASI PC, is located at

      ONE BOLAND DRIVE
      WEST ORANGE, New Jersey 07052
      United States
The docket/reference number is 17703/1/8.

The phone number is 973-530-2025.

The fax number is 973-530-2225.

The email address is pnussbaum@csglaw.com; trademarks@csglaw.com; tmdocketing@csglaw.com

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


SIGNATURE(S)
Response Signature
Signature: /Peter Nussbaum/     Date: 12/11/2019
Signatory's Name: Peter Nussbaum
Signatory's Position: Attorny of Record, NJ Bar Member

Signatory's Phone Number: 973-530-2025

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 NUSSBAUM
   CHIESA SHAHINIAN & GIANTOMASI PC
   
   ONE BOLAND DRIVE
   WEST ORANGE, New Jersey 07052
Mailing Address:    Peter Nussbaum
   CHIESA SHAHINIAN & GIANTOMASI PC
   ONE BOLAND DRIVE
   WEST ORANGE, New Jersey 07052
        
Serial Number: 88358846
Internet Transmission Date: Wed Dec 11 15:13:21 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191211151321488
339-88358846-7008bf4cacfabb14717c8f38f78
e2cde6fb74955eeacc654ba6a57ab555db4a42e5
-N/A-N/A-20191211151131269833



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