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)

---

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. 88423811 SPARTAN APPROVED (Stylized and/or with Design, see http://uspto.report/TM/88423811/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: SPARTAN APPROVED (Stylized and/or with Design, see http://uspto.report/TM/88423811/mark.png)
Proposed: SPARTAN APPROVED (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the front view of a silhouette of a combat helmet centered in a circular frame with a splattered background. An outer ring encircles the inner circular frame, with the word "SPARTAN" appearing within the outer ring above the helmet design and word "APPROVED" appearing within the outer ring below the helmet design. Two curved lines appear in the outer ring in between the words "SPARTAN" and "APPROVED" on the left and right sides of the outer ring.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Sporting goods, weightlifting, strength, athletic, physical fitness, exercise, physical fitness conditioning, gymnasium and body-training apparatus, equipment, machines and devices, namely, weightlifting bars, dumbbells, exercise weights, namely, weighted plates, weightlifting bar collars and clamps for use with weightlifting bars, and sold as a unit with the weightlifting bars, weightlifting chalk, weightlifting chalk bowls and chalk stands for use with weightlifting chalk, storage racks for athletic equipment, jump ropes, weightlifting belts, foam exercise rollers, sandbags made of neoprene for physical fitness exercises, weightlifting wrist wraps, weightlifting knee wraps, weightlifting elbow wraps, weightlifting shin and calf wraps, jump ropes, speed ropes, skipping ropes, climbing ropes, physical fitness conditioning ropes, pull-up bars, treadmills, foam exercise leg rollers, foam exercise muscle rollers, kettlebells, medicine balls, rowing machines, stationary bicycles, abdominal mats, abdominal wheels, exercise machine mats, exercise stability balls, exercise reflex balls not for medical purposes, medicine balls, balance balls, plyometric boxes, gymnastics rings, electrical stimulation belts for strengthening muscles, ankle weights, wrist weights, weightlifting gloves, workout gloves, exercise gloves, stretch bands for yoga, straps and bands affixed to doors or objects for performance of various physical fitness exercises, cones for speed training, obstacles for obstacle course training, racing and competitions, namely, track hurdles, grappling gloves, kick pads for use in martial arts, arm guards for athletic use, wrist guards for athletic use, forearm guards for athletic use, calf guards for athletic use, shin and instep guards for athletic use, throwing spears used in athletic competitions, and bags specially adapted for sports equipment
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: Sporting goods, weightlifting, strength, athletic, physical fitness, exercise, physical fitness conditioning, gymnasium and body-training apparatus, equipment, machines and devices, namely, weightlifting bars, dumbbells, exercise weights, namely, weighted plates, weightlifting bar collars and clamps for use with weightlifting bars, and sold as a unit with the weightlifting bars, weightlifting chalk, weightlifting chalk bowls and chalk stands for use with weightlifting chalk, storage racks for athletic equipment, jump ropes, weightlifting belts, foam exercise rollers, sandbags made of neoprene for physical fitness exercises, weightlifting wrist wraps, weightlifting knee wraps, weightlifting elbow wraps, weightlifting shin and calf wraps, jump ropes, speed ropes, skipping ropes, climbing ropes, physical fitness conditioning ropes, pull-up bars, treadmills, foam exercise leg rollers, foam exercise muscle rollers, kettlebells, medicine balls, rowing machines, stationary bicycles, abdominal mats, abdominal wheels, exercise machine mats, exercise stability balls, exercise reflex balls not for medical purposes, medicine balls, balance balls, plyometric boxes, gymnastics rings, electrical stimulation belts for strengthening muscles, ankle weights, wrist weights, weightlifting gloves, workout gloves, exercise gloves, stretch bands for yoga, straps and bands affixed to doors or objects for performance of various physical fitness exercises, cones for speed training, obstacles for obstacle course training, racing and competitions, namely, track hurdles, grappling gloves, kick pads for use in martial arts, arm guards for athletic use, wrist guards for athletic use, forearm guards for athletic use, calf guards for athletic use, shin and instep guards for athletic use, throwing spears used in athletic competitions, and bags specially adapted for sports equipment; Sporting goods, weightlifting, strength, athletic, physical fitness, exercise, physical fitness conditioning, gymnasium and body-training apparatus, equipment, machines and devices, namely, weightlifting bars, dumbbells, exercise weights, namely, weighted plates, weightlifting bar collars and clamps for use with weightlifting bars, and sold as a unit with the weightlifting bars, weightlifting chalk, weightlifting chalk bowls and chalk stands for use with weightlifting chalk, storage racks for athletic equipment, jump ropes, weightlifting belts, foam exercise rollers, exercise weights in the nature of sandbags made of neoprene for physical fitness exercises, weightlifting wrist wraps, weightlifting knee wraps, weightlifting elbow wraps, weightlifting shin and calf wraps, jump ropes, speed ropes in the nature of skipping ropes, climbing ropes, physical fitness conditioning ropes in the nature of jump ropes, pull-up bars, exercise treadmills, foam exercise leg rollers, foam exercise muscle rollers, kettlebells, medicine balls, rowing machines, stationary bicycles, abdominal wheel rollers, exercise machine mats, exercise stability balls, exercise reflex balls not for medical purposes, medicine balls, balance balls, plyometric boxes, gymnastics rings, electrical stimulation belts for strengthening muscles, ankle weights, wrist weights, weightlifting gloves, workout gloves, exercise gloves in the nature of workout gloves, stretch bands for yoga, straps and bands affixed to doors or objects for performance of various physical fitness exercises, cones for speed training, obstacles for obstacle course training, racing and competitions, namely, track hurdles, grappling gloves, kick pads for use in martial arts, arm guards for athletic use, wrist guards for athletic use, forearm guards for athletic use, calf guards for athletic use, shin and instep guards for athletic use, throwing spears used in athletic competitions, and bags specially adapted for sports equipmentClass 028 for Sporting goods, weightlifting, strength, athletic, physical fitness, exercise, physical fitness conditioning, gymnasium and body-training apparatus, equipment, machines and devices, namely, weightlifting bars, dumbbells, exercise weights, namely, weighted plates, weightlifting bar collars and clamps for use with weightlifting bars, and sold as a unit with the weightlifting bars, weightlifting chalk, weightlifting chalk bowls and chalk stands for use with weightlifting chalk, storage racks for athletic equipment, jump ropes, weightlifting belts, foam exercise rollers, exercise weights in the nature of sandbags made of neoprene for physical fitness exercises, weightlifting wrist wraps, weightlifting knee wraps, weightlifting elbow wraps, weightlifting shin and calf wraps, jump ropes, speed ropes in the nature of skipping ropes, climbing ropes, physical fitness conditioning ropes in the nature of jump ropes, pull-up bars, exercise treadmills, foam exercise leg rollers, foam exercise muscle rollers, kettlebells, medicine balls, rowing machines, stationary bicycles, abdominal wheel rollers, exercise machine mats, exercise stability balls, exercise reflex balls not for medical purposes, medicine balls, balance balls, plyometric boxes, gymnastics rings, electrical stimulation belts for strengthening muscles, ankle weights, wrist weights, weightlifting gloves, workout gloves, exercise gloves in the nature of workout gloves, stretch bands for yoga, straps and bands affixed to doors or objects for performance of various physical fitness exercises, cones for speed training, obstacles for obstacle course training, racing and competitions, namely, track hurdles, grappling gloves, kick pads for use in martial arts, arm guards for athletic use, wrist guards for athletic use, forearm guards for athletic use, calf guards for athletic use, shin and instep guards for athletic use, throwing spears used in athletic competitions, and bags specially adapted for sports equipment
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: 06/18/2019
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: 88423811
Internet Transmission Date: Tue Jun 18 15:33:16 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201906181533169
43382-88423811-6204ad266211bd2bba4956995
61ff52ab3e7418dd9dede045838ac71dec1974ee
cb-N/A-N/A-20190618151601352950