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. 88365917 RECOVERY(Standard Characters, see http://uspto.report/TM/88365917/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 010 for Compression garments, namely, sleeves, socks, stockings, leggings, shirts, vests, trousers, etc.; Compression bandages; Compression garments; Electrical stimulation apparatus for muscle groups, such as gluteal muscles ("glutes"), thighs, back, shoulders, latissimus dorsi ("lats") and calves, etc. for home and personal use purposes; Massage apparatus
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: Compression garments, namely, sleeves, socks, stockings, leggings, shirts, vests, trousers, etc.; Compression garments, namely, sleeves, socks, stockings, leggings, shirts, vests, trousers; Compression bandages; Compression garments; Electrical stimulation apparatus for muscle groups, such as gluteal muscles ("glutes"), thighs, back, shoulders, latissimus dorsi ("lats") and calves, etc. for home and personal use purposes; Electrical stimulation apparatus for muscle groups, in the nature of gluteal muscles, thighs, back, shoulders, latissimus dorsi muscles, and calves, for home and personal use purposes; Massage apparatusClass 010 for Compression garments, namely, sleeves, socks, stockings, leggings, shirts, vests, trousers; Compression bandages; Compression garments; Electrical stimulation apparatus for muscle groups, in the nature of gluteal muscles, thighs, back, shoulders, latissimus dorsi muscles, and calves, for home and personal use purposes; Massage apparatus
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: /NJG/     Date: 06/12/2019
Signatory's Name: Nathan Gugliotta, Esq.
Signatory's Position: Attorney of Record, Ohio Bar Member

Signatory's Phone Number: 3303319455

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: 88365917
Internet Transmission Date: Wed Jun 12 11:59:17 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019061211591765
5549-88365917-620c33353265d6f8b316e2d60b
fe4c1101249b74bb28794086b794aad71311450-
N/A-N/A-20190612115737760878