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 |
88407154 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88407154/mark.png |
| LITERAL ELEMENT |
FLEX SUPERGYM |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) |
| We believe that there is not a likelihood of confusion between the trademarks Wowy Supergym and Supergym, both owned by Beachbody LLC and the mark
Flex Supergym associated with this application. The Beachbody marks are both associated with an on-line virtual service that provides members with instruction and a place to track progress. In
contrast, Flex Supergym is the name of a actual physical exercise facility, a 'brick and mortar store' located in Chapin, South Carolina (see evidence). Although Flex Supergym advertises and sells
memberships on-line, it is not a virtual training site as is the service provided by Beachbody LLC. We do not believe that the typical consumer would confuse the 'brick and mortar' exercise facility
of Flex Supergym with the virtual club offered by Beachbody LLC. |
| EVIDENCE SECTION |
EVIDENCE
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\884\071\88407154\xml5\ ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT 17\884\071\88407154\xml5\ ROA0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT 17\884\071\88407154\xml5\ ROA0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT 17\884\071\88407154\xml5\ ROA0005.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Photo of the store front for Flex Supergym located in Chapin, SC. Screenshots of virtual service of Beachbody LLC. |
| ADDITIONAL STATEMENTS SECTION |
| DISCLAIMER |
No claim is made to the exclusive right to use Supergym apart from the mark as shown. |
| ATTORNEY SECTION (current) |
| NAME |
Melissa B. Neely |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
LAW OFFICE OF MELISSA B. NEELY |
| STREET |
3949 ROCKBRIDGE ROAD |
| CITY |
COLUMBIA |
| STATE |
South Carolina |
| POSTAL CODE |
29206 |
| COUNTRY |
US |
| PHONE |
803-394-0224 x940224 |
| EMAIL |
neelypatents@yahoo.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| ATTORNEY SECTION (proposed) |
| NAME |
Melissa B. Neely |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
LAW OFFICE OF MELISSA B. NEELY |
| STREET |
3949 ROCKBRIDGE ROAD |
| CITY |
COLUMBIA |
| STATE |
South Carolina |
| POSTAL CODE |
29206 |
| COUNTRY |
United States |
| PHONE |
803-394-0224 |
| EMAIL |
neelypatents@yahoo.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| CORRESPONDENCE SECTION (current) |
| NAME |
MELISSA B. NEELY |
| FIRM NAME |
LAW OFFICE OF MELISSA B. NEELY |
| STREET |
3949 ROCKBRIDGE ROAD |
| CITY |
COLUMBIA |
| STATE |
South Carolina |
| POSTAL CODE |
29206 |
| COUNTRY |
US |
| PHONE |
803-394-0224 x940224 |
| EMAIL |
neelypatents@yahoo.com; mbneely@Q2patents.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Melissa B. Neely |
| FIRM NAME |
LAW OFFICE OF MELISSA B. NEELY |
| STREET |
3949 ROCKBRIDGE ROAD |
| CITY |
COLUMBIA |
| STATE |
South Carolina |
| POSTAL CODE |
29206 |
| COUNTRY |
United States |
| PHONE |
803-394-0224 |
| EMAIL |
neelypatents@yahoo.com; mbneely@q2patents.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Melissa B. Neely/ |
| SIGNATORY'S NAME |
Melissa B. Neely |
| SIGNATORY'S POSITION |
attorney of record, South Carolina bar member |
| SIGNATORY'S PHONE NUMBER |
803-394-0224 |
| DATE SIGNED |
09/04/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Wed Sep 04 12:48:44 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XX-2
0190904124844084024-88407
154-6102cb27a2965bd54cd04
a1e1ef345cc268243cd23ed06
734fc921ea9f68d7e4b-N/A-N
/A-20190904123550552510 |
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.
88407154 FLEX SUPERGYM(Standard Characters, see http://uspto.report/TM/88407154/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
We believe that there is not a likelihood of confusion between the trademarks Wowy Supergym and Supergym, both owned by Beachbody LLC and the mark Flex Supergym associated with this application. The
Beachbody marks are both associated with an on-line virtual service that provides members with instruction and a place to track progress. In contrast, Flex Supergym is the name of a actual physical
exercise facility, a 'brick and mortar store' located in Chapin, South Carolina (see evidence). Although Flex Supergym advertises and sells memberships on-line, it is not a virtual training site as
is the service provided by Beachbody LLC. We do not believe that the typical consumer would confuse the 'brick and mortar' exercise facility of Flex Supergym with the virtual club offered by
Beachbody LLC.
EVIDENCE
Evidence in the nature of Photo of the store front for Flex Supergym located in Chapin, SC. Screenshots of virtual service of Beachbody LLC. has been attached.
Evidence-1
Evidence-2
Evidence-3
Evidence-4
The applicant's current attorney information: Melissa B. Neely. Melissa B. Neely of LAW OFFICE OF MELISSA B. NEELY, is located at
3949 ROCKBRIDGE ROAD
COLUMBIA, South Carolina 29206
US
The phone number is 803-394-0224 x940224.
The email address is neelypatents@yahoo.com
The applicants proposed attorney information: Melissa B. Neely. Melissa B. Neely of LAW OFFICE OF MELISSA B. NEELY, is a member of the XX bar, admitted to the bar in XXXX, bar membership no.
XXX, is located at
3949 ROCKBRIDGE ROAD
COLUMBIA, South Carolina 29206
United States
The phone number is 803-394-0224.
The email address is neelypatents@yahoo.com
Melissa B. Neely 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: MELISSA B. NEELY. MELISSA B. NEELY of LAW OFFICE OF MELISSA B. NEELY, is located at
3949 ROCKBRIDGE ROAD
COLUMBIA, South Carolina 29206
US
The phone number is 803-394-0224 x940224.
The email address is neelypatents@yahoo.com; mbneely@Q2patents.com
The applicants proposed correspondence information: Melissa B. Neely. Melissa B. Neely of LAW OFFICE OF MELISSA B. NEELY, is located at
3949 ROCKBRIDGE ROAD
COLUMBIA, South Carolina 29206
United States
The phone number is 803-394-0224.
The email address is neelypatents@yahoo.com; mbneely@q2patents.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Supergym apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /Melissa B. Neely/ Date: 09/04/2019
Signatory's Name: Melissa B. Neely
Signatory's Position: attorney of record, South Carolina bar member
Signatory's Phone Number: 803-394-0224
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: MELISSA B. NEELY
LAW OFFICE OF MELISSA B. NEELY
3949 ROCKBRIDGE ROAD
COLUMBIA, South Carolina 29206
Mailing Address: Melissa B. Neely
LAW OFFICE OF MELISSA B. NEELY
3949 ROCKBRIDGE ROAD
COLUMBIA, South Carolina 29206
Serial Number: 88407154
Internet Transmission Date: Wed Sep 04 12:48:44 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019090412484408
4024-88407154-6102cb27a2965bd54cd04a1e1e
f345cc268243cd23ed06734fc921ea9f68d7e4b-
N/A-N/A-20190904123550552510
