Response to Office Action

SPARTAN

Spartan Race, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88423821
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88423821/mark.png
LITERAL ELEMENT SPARTAN
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
ARGUMENT(S)
The filing dates of pending U.S. Application Serial Nos. 79219511 and 88106336 precede applicant?s filing date. Applicant requests that action on this application be suspended pending final disposition of the earlier-filed referenced applications.
GOODS AND/OR SERVICES SECTION (009)(no change)
GOODS AND/OR SERVICES SECTION (016)(no change)
GOODS AND/OR SERVICES SECTION (035)(no change)
GOODS AND/OR SERVICES SECTION (036)(current)
INTERNATIONAL CLASS 036
DESCRIPTION Issuing of credit cards; credit card services
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (036)(proposed)
INTERNATIONAL CLASS 036
TRACKED TEXT DESCRIPTION
Issuing of credit cards; credit card services; credit card authorization services
FINAL DESCRIPTION Issuing of credit cards; credit card authorization services
FILING BASIS Section 1(b)
ATTORNEY SECTION (current)
NAME Peter J. Riebling
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME RIEBLING IP, PLLC
INTERNAL ADDRESS SUITE 1025
STREET 1717 PENNSYLVANIA AVENUE, N.W.
CITY WASHINGTON
STATE District of Columbia
POSTAL CODE 20006-3951
COUNTRY US
PHONE 202-631-2021
FAX 2025599163
EMAIL peter.riebling@rieblinglaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 386499-00019
ATTORNEY SECTION (proposed)
NAME Peter J. Riebling
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME RIEBLING IP, PLLC
INTERNAL ADDRESS SUITE 1025
STREET 1717 PENNSYLVANIA AVENUE, N.W.
CITY WASHINGTON
STATE District of Columbia
POSTAL CODE 20006-3951
COUNTRY United States
PHONE 202-631-2021
EMAIL peter.riebling@rieblinglaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 386499-00019
CORRESPONDENCE SECTION (current)
NAME PETER J. RIEBLING
FIRM NAME RIEBLING IP, PLLC
INTERNAL ADDRESS SUITE 1025
STREET 1717 PENNSYLVANIA AVENUE, N.W.
CITY WASHINGTON
STATE District of Columbia
POSTAL CODE 20006-3951
COUNTRY US
PHONE 202-631-2021
FAX 2025599163
EMAIL peter.riebling@rieblinglaw.com; docketing@rieblinglaw.com; valerie.purdy-pyeron@rieblinglaw.com; File.Room@rieblinglaw.comom
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 386499-00019
CORRESPONDENCE SECTION (proposed)
NAME Peter J. Riebling
FIRM NAME RIEBLING IP, PLLC
INTERNAL ADDRESS SUITE 1025
STREET 1717 PENNSYLVANIA AVENUE, N.W.
CITY WASHINGTON
STATE District of Columbia
POSTAL CODE 20006-3951
COUNTRY United States
PHONE 202-631-2021
EMAIL peter.riebling@rieblinglaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 386499-00019
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 12/07/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sat Dec 07 09:34:04 EST 2019
TEAS STAMP USPTO/ROA-XXX.XX.XX.XXX-2
0191207093404424000-88423
821-700a72285d9c89285f72d
c5e31b0763bdd180cb4d72ba2
cb6ce7ec62f4c9482b-N/A-N/
A-20191207092928322144



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. 88423821 SPARTAN (Stylized and/or with Design, see http://uspto.report/TM/88423821/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The filing dates of pending U.S. Application Serial Nos. 79219511 and 88106336 precede applicant?s filing date. Applicant requests that action on this application be suspended pending final disposition of the earlier-filed referenced applications.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Issuing of credit cards; credit card services
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: Issuing of credit cards; credit card services; credit card authorization servicesClass 036 for Issuing of credit cards; credit card authorization services
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: Peter J. Riebling. Peter J. Riebling of RIEBLING IP, PLLC, is located at

      SUITE 1025
      1717 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006-3951
      US
The docket/reference number is 386499-00019.

The phone number is 202-631-2021.

The fax number is 2025599163.

The email address is peter.riebling@rieblinglaw.com

The applicants proposed attorney information: Peter J. Riebling. Peter J. Riebling of RIEBLING IP, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1025
      1717 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006-3951
      United States
The docket/reference number is 386499-00019.

The phone number is 202-631-2021.

The email address is peter.riebling@rieblinglaw.com

Peter J. Riebling 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: PETER J. RIEBLING. PETER J. RIEBLING of RIEBLING IP, PLLC, is located at

      SUITE 1025
      1717 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006-3951
      US
The docket/reference number is 386499-00019.

The phone number is 202-631-2021.

The fax number is 2025599163.

The email address is peter.riebling@rieblinglaw.com; docketing@rieblinglaw.com; valerie.purdy-pyeron@rieblinglaw.com; File.Room@rieblinglaw.comom

The applicants proposed correspondence information: Peter J. Riebling. Peter J. Riebling of RIEBLING IP, PLLC, is located at

      SUITE 1025
      1717 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006-3951
      United States
The docket/reference number is 386499-00019.

The phone number is 202-631-2021.

The email address is peter.riebling@rieblinglaw.com

SIGNATURE(S)
Response Signature
Signature: /peter j. riebling/     Date: 12/07/2019
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 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:    PETER J. RIEBLING
   RIEBLING IP, PLLC
   SUITE 1025
   1717 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20006-3951
Mailing Address:    Peter J. Riebling
   RIEBLING IP, PLLC
   SUITE 1025
   1717 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20006-3951
        
Serial Number: 88423821
Internet Transmission Date: Sat Dec 07 09:34:04 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019120709340442
4000-88423821-700a72285d9c89285f72dc5e31
b0763bdd180cb4d72ba2cb6ce7ec62f4c9482b-N
/A-N/A-20191207092928322144



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