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. 88418041 TRAILFECTA(Standard Characters, see http://uspto.report/TM/88418041/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 025 for Clothing items and apparel, namely, athletic bottoms for exercise and obstacle course racing, shirts, shorts, hats, gloves, pants, sweat shirts, sweat pants, jackets, belts, caps, bottoms, tops, coats, dresses, loungewear, scarves, sleepwear, socks, sweatbands, swimwear, bathing suits, board shorts, undergarments, underwear, warm up suits, warm up outfits, t-shirts, hooded sweat shirts, tank tops, baselayer tops, bikinis, blouses, boxer briefs, boxer shorts, briefs, arm warmers, sleeves, fleece pullovers, fleece tops, gym pants, gym shorts, gym suits, hooded pullovers, jerseys, jogging outfits, jogging pants, jogging suits, knit tops, knitted underwear, long-sleeved shirts, muscle tops, polo shirts, rainproof jackets, short-sleeved shirts, sport shirts, stockings, stretch pants; sweat jackets, sweat shorts, sweat suits; swim trunks, thermal underwear, trousers, uniforms, wind pants, wind resistant jackets, wind shirts, wind-jackets, yoga pants, yoga shirts, sports bras, bras, halter tops, sleeveless tops, vests; headwear, namely, baseball caps, beanies, knit hats, sun visors, skull caps, sports caps, headbands; footwear, namely, shoes, sandals, beach shoes, running shoes, tennis shoes, athletic training shoes
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: Clothing items and apparel, namely, athletic bottoms for exercise and obstacle course racing, shirts, shorts, hats, gloves, pants, sweat shirts, sweat pants, jackets, belts, caps, bottoms, tops, coats, dresses, loungewear, scarves, sleepwear, socks, sweatbands, swimwear, bathing suits, board shorts, undergarments, underwear, warm up suits, warm up outfits, t-shirts, hooded sweat shirts, tank tops, baselayer tops, bikinis, blouses, boxer briefs, boxer shorts, briefs, arm warmers, sleeves, fleece pullovers, fleece tops, gym pants, gym shorts, gym suits, hooded pullovers, jerseys, jogging outfits, jogging pants, jogging suits, knit tops, knitted underwear, long-sleeved shirts, muscle tops, polo shirts, rainproof jackets, short-sleeved shirts, sport shirts, stockings, stretch pants; Clothing items and apparel, namely, athletic bottoms for exercise and obstacle course racing, shirts, shorts, hats, gloves, pants, sweat shirts, sweat pants, jackets, belts, caps being headwear, bottoms as clothing, tops as clothing, coats, dresses, loungewear, scarves, sleepwear, socks, sweatbands, swimwear, bathing suits, board shorts, undergarments, underwear, warm up suits, warm up outfits, t-shirts, hooded sweat shirts, tank tops, baselayer tops, bikinis, blouses, boxer briefs, boxer shorts, briefs, arm warmers, sun sleeves, fleece pullovers, fleece tops, gym pants, gym shorts, gym suits, hooded pullovers, jerseys, jogging outfits, jogging pants, jogging suits, knit tops, knitted underwear, long-sleeved shirts, muscle tops, polo shirts, rainproof jackets, short-sleeved shirts, sport shirts, stockings, stretch pants; sweat jackets, sweat shorts, sweat suits; swim trunks, thermal underwear, trousers, uniforms, wind pants, wind resistant jackets, wind shirts, wind-jackets, yoga pants, yoga shirts, sports bras, bras, halter tops, sleeveless tops, vests; swim trunks, thermal underwear, trousers, uniforms, wind pants, wind resistant jackets, wind shirts, wind-jackets, yoga pants, yoga shirts, sports bras, bras, halter tops, sleeveless tops as clothing, vests; headwear, namely, baseball caps, beanies, knit hats, sun visors, skull caps, sports caps, headbands; footwear, namely, shoes, sandals, beach shoes, running shoes, tennis shoes, athletic training shoesClass 025 for Clothing items and apparel, namely, athletic bottoms for exercise and obstacle course racing, shirts, shorts, hats, gloves, pants, sweat shirts, sweat pants, jackets, belts, caps being headwear, bottoms as clothing, tops as clothing, coats, dresses, loungewear, scarves, sleepwear, socks, sweatbands, swimwear, bathing suits, board shorts, undergarments, underwear, warm up suits, warm up outfits, t-shirts, hooded sweat shirts, tank tops, baselayer tops, bikinis, blouses, boxer briefs, boxer shorts, briefs, arm warmers, sun sleeves, fleece pullovers, fleece tops, gym pants, gym shorts, gym suits, hooded pullovers, jerseys, jogging outfits, jogging pants, jogging suits, knit tops, knitted underwear, long-sleeved shirts, muscle tops, polo shirts, rainproof jackets, short-sleeved shirts, sport shirts, stockings, stretch pants; sweat jackets, sweat shorts, sweat suits; swim trunks, thermal underwear, trousers, uniforms, wind pants, wind resistant jackets, wind shirts, wind-jackets, yoga pants, yoga shirts, sports bras, bras, halter tops, sleeveless tops as clothing, vests; headwear, namely, baseball caps, beanies, knit hats, sun visors, skull caps, sports caps, headbands; footwear, namely, shoes, sandals, beach shoes, running shoes, tennis shoes, athletic training shoes
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: /peter j. riebling/     Date: 06/17/2019
Signatory's Name: PETER J. RIEBLING
Signatory's Position: Attorney of Record, Member of District of Columbia Bar

Signatory's Phone Number: 2026312021

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: 88418041
Internet Transmission Date: Mon Jun 17 15:55:02 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201906171555024
45159-88418041-620a37fcd1d384a87fef2eaf7
74a1b236940ca25d245ea8148d9961fcd76cf96f
-N/A-N/A-20190617155313457836