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)

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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 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. 88387155 SOGESPOWER(Standard Characters, see http://uspto.report/TM/88387155/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 028 for Dumb-bell shafts; Dumb-bells; Dumbbells; Sports equipment for boxing and martial arts, namely, boxing gloves, mixed martial arts gloves, punching mitts, and shin guards; Sports equipment for boxing, martial arts, and the like, namely, an apparatus to support a moving heavy bag; Sports equipment for boxing, martial arts, and the like, namely, protective bras; Sports equipment, namely, inline roller skating wheels at the end of a crutch-like frame; Sports equipment, namely, lower body alignment apparatus; Sports equipment, namely, rotating interfaces specially adapted for attaching snowboards to bindings; Sports equipment, namely, telescoping caddy for bucket for carrying, storing and transporting baseballs and other sports equipment; Sports equipment, namely, telescoping caddy for bucket for carrying, storing and transporting tennis balls and other sports equipment; Sports equipment, namely, vibration dampeners for rackets; Sports field equipment, namely, corner flags; Bags specially adapted for sports equipment; Cases specially adapted for sports equipment; Needles for pumps for inflating sports equipment; Storage apparatus comprising hooks, support arms, and shelving specially adapted for sports equipment; Storage racks for ski and sports equipment; Storage racks for water sports equipment; Trolley bags specially adapted for sports equipment; Weight lifting equipment, namely, bench
Original Filing Basis:
Proposed: Class 028 for Dumb-bell shafts; Dumb-bells; Dumbbells; Sports equipment for boxing and martial arts, namely, boxing gloves, mixed martial arts gloves, punching mitts, and shin guards; Sports equipment for boxing, martial arts, and the like, namely, an apparatus to support a moving heavy bag; Sports equipment for boxing, martial arts, and the like, namely, protective bras; Sports equipment, namely, inline roller skating wheels at the end of a crutch-like frame; Sports equipment, namely, lower body alignment apparatus; Sports equipment, namely, rotating interfaces specially adapted for attaching snowboards to bindings; Sports equipment, namely, telescoping caddy for bucket for carrying, storing and transporting baseballs and other sports equipment; Sports equipment, namely, telescoping caddy for bucket for carrying, storing and transporting tennis balls and other sports equipment; Sports equipment, namely, vibration dampeners for rackets; Sports field equipment, namely, corner flags; Bags specially adapted for sports equipment; Cases specially adapted for sports equipment; Needles for pumps for inflating sports equipment; Storage apparatus comprising hooks, support arms, and shelving specially adapted for sports equipment; Storage racks for ski and sports equipment; Storage racks for water sports equipment; Trolley bags specially adapted for sports equipment; Weight lifting equipment, namely, bench
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 03/01/2019 and first used in commerce at least as early as 03/01/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of photos of applicant's products and packaging; screenshot of applicant's online store (URL: http://www.amazon.com/dp/B07TXYV8VN ref=myi_title_dp) .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /BINGSUOHE/      Date: 07/08/2019
Signatory's Name: hebingsuo
Signatory's Position: CEO

Request for Reconsideration Signature
Signature: /BINGSUOHE/     Date: 07/08/2019
Signatory's Name: hebingsuo
Signatory's Position: CEO

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 88387155
Internet Transmission Date: Mon Jul 08 05:02:30 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XX.X.XX-201907080502304612
81-88387155-620f0dc2c856ee4a542c4548fa67
96ee25691648daef370c733906b7bdcf558633d-
N/A-N/A-20190708050044914076