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. 88423145 K-GO(Standard Characters, see http://uspto.report/TM/88423145/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 009 for Computer software for individuals and/or coaches to track, analyze, enhance and improve performance data and computer software that provides information for athletic and sports training; downloadable software in the nature of a mobile application to enable individuals and/or coaches to track, analyze, enhance and improve performance data related to the individuals and mobile application software that provides information for athletic and sports training, such as training videos that can be viewed in the mobile application, and that enables coaches to provide feedback to the individuals that can be viewed in the mobile application; and downloadable software in the nature of a mobile application to enable individuals and/or coaches to track, analyze, enhance and improve performance data based on data collected from sensors, such data collected from body motion sensors, ball movement sensors, club mounted sensors, and/or force plate sensors; electronic sports training aid device, namely, computer hardware, software and wireless sensors for analyzing, measuring, monitoring, tracking and remotely transmitting data for player swing metrics
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: Computer software for individuals and/or coaches to track, analyze, enhance and improve performance data and computer software that provides information for athletic and sports training; Downloadable computer software for use by individuals and coaches to track, analyze, enhance and improve performance data; downloadable software in the nature of a mobile application to enable individuals and/or coaches to track, analyze, enhance and improve performance data related to the individuals and mobile application software that provides information for athletic and sports training, such as training videos that can be viewed in the mobile application, and that enables coaches to provide feedback to the individuals that can be viewed in the mobile application; downloadable computer software for the purpose of providing information for athletic and sports training; and downloadable software in the nature of a mobile application to enable individuals and/or coaches to track, analyze, enhance and improve performance data based on data collected from sensors, such data collected from body motion sensors, ball movement sensors, club mounted sensors, and/or force plate sensors; downloadable software in the nature of a mobile application to enable individuals and coaches to track, analyze, enhance and improve performance data related to the individuals; electronic sports training aid device, namely, computer hardware, software and wireless sensors for analyzing, measuring, monitoring, tracking and remotely transmitting data for player swing metrics; downloadable mobile application software that provides information for athletic and sports training and training videos that can be viewed in the mobile application, and that enables coaches to provide feedback to the individuals that can be viewed in the mobile application; downloadable software in the nature of a mobile application to enable individuals and coaches to track, analyze, enhance and improve performance data based on data collected from body motion sensors, ball movement sensors, club mounted sensors, and force plate sensors; electronic sports training aid device, namely, computer hardware, and downloadable software for the purpose of analyzing, measuring, monitoring, tracking and remotely transmitting data for player swing metrics; electronic wireless sensors for analyzing, measuring, monitoring, tracking, and remotely transmitting data for player swing metrics, not for medical purposesClass 009 for Downloadable computer software for use by individuals and coaches to track, analyze, enhance and improve performance data; downloadable computer software for the purpose of providing information for athletic and sports training; downloadable software in the nature of a mobile application to enable individuals and coaches to track, analyze, enhance and improve performance data related to the individuals; downloadable mobile application software that provides information for athletic and sports training and training videos that can be viewed in the mobile application, and that enables coaches to provide feedback to the individuals that can be viewed in the mobile application; downloadable software in the nature of a mobile application to enable individuals and coaches to track, analyze, enhance and improve performance data based on data collected from body motion sensors, ball movement sensors, club mounted sensors, and force plate sensors; electronic sports training aid device, namely, computer hardware, and downloadable software for the purpose of analyzing, measuring, monitoring, tracking and remotely transmitting data for player swing metrics; electronic wireless sensors for analyzing, measuring, monitoring, tracking, and remotely transmitting data for player swing metrics, not for medical purposes
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Software as a service (SAAS)services, namely, computer software for individuals and/or coaches to track, analyze, enhance and improve performance data and computer software that provides information for athletic and sports training; software as a service services, namely, computer software for individuals and/or coaches to track, analyze, enhance and improve performance data and computer software that provides information for athletic and sports training such as training videos that can be viewed in the mobile application, and that enables coaches to provide feedback to the individuals that can be viewed in the mobile application
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: Software as a service (SAAS)services, namely, computer software for individuals and/or coaches to track, analyze, enhance and improve performance data and computer software that provides information for athletic and sports training; Software as a service (SAAS) services, featuring computer software platforms for use by individuals and coaches to track, analyze, enhance and improve performance data; software as a service services, namely, computer software for individuals and/or coaches to track, analyze, enhance and improve performance data and computer software that provides information for athletic and sports training such as training videos that can be viewed in the mobile application, and that enables coaches to provide feedback to the individuals that can be viewed in the mobile application; Software as a service (SAAS) services featuring computer software that provides information for athletic and sports training; software as a service services featuring computer software for use by individuals and coaches to track, analyze, enhance and improve performance data; Software as a Service (SAAS) services featuring computer software that provides information for athletic and sports training and training videos that can be viewed in the mobile application, and that enables coaches to provide feedback to the individuals, that can be viewed in the mobile applicationClass 042 for Software as a service (SAAS) services, featuring computer software platforms for use by individuals and coaches to track, analyze, enhance and improve performance data; Software as a service (SAAS) services featuring computer software that provides information for athletic and sports training; software as a service services featuring computer software for use by individuals and coaches to track, analyze, enhance and improve performance data; Software as a Service (SAAS) services featuring computer software that provides information for athletic and sports training and training videos that can be viewed in the mobile application, and that enables coaches to provide feedback to the individuals, that can be viewed in the mobile application
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.

The applicant's current attorney information: Derek A. Auito. Derek A. Auito of DENTONS US LLP, is located at

      1900 K STREET NW
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is 40166.00027.

The phone number is 202-496-7500.

The email address is derek.auito@dentons.com

The applicants proposed attorney information: Derek A. Auito. Derek A. Auito of DENTONS US LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1900 K STREET NW
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is 40166.00027.

The phone number is 202-496-7500.

The email address is derek.auito@dentons.com

Derek A. Auito 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: DEREK A. AUITO. DEREK A. AUITO of DENTONS US LLP, is located at

      1900 K STREET NW
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is 40166.00027.

The phone number is 202-496-7500.

The email address is derek.auito@dentons.com; andrew.park@dentons.com; mlaip@dentons.com

The applicants proposed correspondence information: Derek A. Auito. Derek A. Auito of DENTONS US LLP, is located at

      1900 K STREET NW
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is 40166.00027.

The phone number is 202-496-7500.

The email address is derek.auito@dentons.com; mlaip@dentons.com

SIGNATURE(S)
Response Signature
Signature: /Derek A Auito/     Date: 10/06/2019
Signatory's Name: Derek A. Auito
Signatory's Position: Attorney of record

Signatory's Phone Number: 2024967500

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:    DEREK A. AUITO
   DENTONS US LLP
   
   1900 K STREET NW
   WASHINGTON, District of Columbia 20006
Mailing Address:    Derek A. Auito
   DENTONS US LLP
   1900 K STREET NW
   WASHINGTON, District of Columbia 20006
        
Serial Number: 88423145
Internet Transmission Date: Sun Oct 06 13:13:43 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019100613134329
5684-88423145-610e1717c4b1f8b135435608a3
98f95a834d85e762d4d8ad845fbe1b15aaf97357
-N/A-N/A-20191006130929271185