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 |
88423814 |
LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
MARK SECTION (current) |
MARK FILE NAME |
http://uspto.report/TM/88423814/mark.png |
LITERAL ELEMENT |
APPROVED BY SPARTAN |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the front view of a silhouette of a combat helmet centered in a circular frame with a splattered background and the words
"APPROVED BY" above the design and "SPARTAN" below the design. |
MARK SECTION (proposed) |
MARK FILE NAME |
\\TICRS\EXPORT17\IMAGEOUT 17\884\238\88423814\xml6\ ROA0002.JPG |
LITERAL ELEMENT |
APPROVED BY SPARTAN |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR MARK |
NO |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
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 "APPROVED BY" appearing within the outer ring above the helmet design and word "SPARTAN" appearing within the outer ring below the helmet design. Two
curved lines appear in the outer ring in between the words "APPROVED BY" and "SPARTAN" on the left and right sides of the outer ring. |
PIXEL COUNT ACCEPTABLE |
YES |
PIXEL COUNT |
888 x 830 |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
028 |
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 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
028 |
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 equipment |
FINAL 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, 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) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/peter j. riebling/ |
SIGNATORY'S NAME |
PETER J. RIEBLING |
SIGNATORY'S POSITION |
Attorney of Record, Member of District of Columbia Bar |
SIGNATORY'S PHONE NUMBER |
2026312021 |
DATE SIGNED |
06/18/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Jun 18 15:52:55 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.177-
20190618155255966747-8842
3814-620af123b53be75549c9
2c5570836165a12c94f1a137c
6f952e5f6e779a7f772-N/A-N
/A-20190618154332034952 |
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.
88423814 APPROVED BY SPARTAN (Stylized and/or with Design, see http://uspto.report/TM/88423814/mark.png) has been amended as follows:
MARK
Applicant proposes to amend the mark as follows:
Current: APPROVED BY SPARTAN (Stylized and/or with Design, see http://uspto.report/TM/88423814/mark.png)
Proposed: APPROVED BY SPARTAN (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
"APPROVED BY" appearing within the outer ring above the helmet design and word "SPARTAN" appearing within the outer ring below the helmet design. Two curved lines appear in the outer ring in between
the words "APPROVED BY" and "SPARTAN" 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: 88423814
Internet Transmission Date: Tue Jun 18 15:52:55 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.177-201906181552559
66747-88423814-620af123b53be75549c92c557
0836165a12c94f1a137c6f952e5f6e779a7f772-
N/A-N/A-20190618154332034952