Notation to File

ACTA

KORA FITNESS LLC

Re: U.S. Trademark Application SN 88359146 PURSUE YOUR BEST Ms. Brown, Please issue the EA. Thank you. Best, Michael A. Markos Associate Attorney Phone: (650) 965-8731 Email: michael@legalforcelaw.com LegalForce RAPC Worldwide Professional Law Corporation 446 E. Southern Ave. Tempe, AZ 85282 www.legalforcelaw.com About LegalForce RAPC Worldwide - LegalForce RAPC Worldwide is a leading general practice law firm specializing in serving the diverse needs of individuals, businesses, and institutions worldwide. This electronic transmission contains information which is confidential and/or privileged. The information is intended for use only by the individual or entity named above. If you are not the intended recipient (or the employee or agent responsible for delivering this information to the intended recipient), you are hereby notified that any use, dissemination, distribution, or copying of this communication is prohibited. If you have received this information in error, please notify me by electronic mail and delete all copies of the transmission. Thank you. On Mon, Jun 24, 2019 at 7:57 AM Brown, Barbara (TM) <Barbara.Brown@uspto.gov> wrote: Dear Mr. Markos: I have received the response to office action in SN 88424933 for the mark ACTA. The assignments and significance of the mark statements are accepted, but the function of the software has the same misspelling (“loginig in”) and unclear software function (“to do the workouts”) as the amendment in the copending application. Therefore, the applicant must amend to correct the spelling and clarify the functions, e.g.; logging in, recording workout results, etc. I would suggest the same Class 9 identification adopted in SN 88359146as follows: INTERNATIONAL CLASS 9 Downloadable computer software and mobile device downloadable application software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index; downloadable computer software and mobile device downloadable application software for managing information regarding tracking, compliance and motivation with a health and fitness program; downloadable computer software and mobile device downloadable application software used to track fitness goals and statistics; downloadable computer software and mobile device downloadable application software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; downloadable computer application software for smartphones and mobile devices for logging in, to view the workout and recording workout results in the fields of fitness and exercise for personal training services, coaching, workouts and fitness assessments; downloadable mobile application software for creating personalized fitness training programs; downloadable computer application software for smartphones and mobile devices for logging in, to view the workout and recording workout results to support corporate wellness programs; downloadable computer software development tools; pre-recorded video recordings featuring athletic and fitness sessions; Pedometers; altimeters; scales and personal weighing scales; smartwatches, namely, multifunctional electronic devices for displaying, measuring, and uploading to the Internet information including time, date, steps taken, calories burned, distance travelled, floors climbed, active time, elevation, altitude, speed, pace, hours slept, quality of sleep, silent wake alarm, heart rate, routes, and weather information; smartwatches, namely, multifunctional electronic devices that link to mobile phones to control volume and notify users of incoming calls or messages; smartwatches, namely, multifunctional electronic devices that link to mobile phones for displaying, measuring, and uploading to the Internet navigational information; Personal electronic devices, namely, wearable activity tracker used to track fitness goals and statistics; wearable activity trackers; smartwatches; portable digital electronic devices, namely, wearable activity tracker for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files; wearable activity trackers, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through Internet websites and other computer and electronic communication networks; wearable activity trackers, namely, wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files and display screens.” Please reply to this email by authorizing entry of the suggested amendment above, and I will enter the amended wording for you by examiner’s amendment. Please contact me if you have questions or wish to discuss the matter. Thank you /Barbara Brown/ Trademark Examining Attorney, LO 116 TEL: 571-272-9134 FAX: 571-273-9116 barbara.brown@uspto.gov (informal) To file a response: http://www.uspto.gov/teas/index.html From: Michael Markos [mailto:michael@legalforcelaw.com] Sent: Tuesday, June 18, 2019 7:13 PM To: Brown, Barbara (TM) <Barbara.Brown@USPTO.GOV> Subject: Re: U.S. Trademark Application SN 88359146 PURSUE YOUR BEST Ms. Brown, Re- 88424933 - I will reach back out once we file the assignment agreement. The prior pendings are my client's marks that were filed prior to the LLC formation. We filed a response to the office action (it included the class change similar to PURSUE YOUR BEST and the response to the significance of the mark. Best, Michael A. Markos Associate Attorney Phone: (650) 965-8731 Email: michael@legalforcelaw.com LegalForce RAPC Worldwide Professional Law Corporation 446 E. Southern Ave. Tempe, AZ 85282 www.legalforcelaw.com About LegalForce RAPC Worldwide - LegalForce RAPC Worldwide is a leading general practice law firm specializing in serving the diverse needs of individuals, businesses, and institutions worldwide. This electronic transmission contains information which is confidential and/or privileged. The information is intended for use only by the individual or entity named above. If you are not the intended recipient (or the employee or agent responsible for delivering this information to the intended recipient), you are hereby notified that any use, dissemination, distribution, or copying of this communication is prohibited. If you have received this information in error, please notify me by electronic mail and delete all copies of the transmission. Thank you. On Mon, Jun 17, 2019 at 6:08 PM Brown, Barbara (TM) <Barbara.Brown@uspto.gov> wrote: Dear Mr. Markos: The applicant may adopt the same identification changes, but would still need to address the significance of the mark inquiry and possibly, the prior pending applications. /Barbara Brown/ Trademark Examining Attorney, LO 116 TEL: 571-272-9134 FAX: 571-273-9116 barbara.brown@uspto.gov (informal) To file a response: http://www.uspto.gov/teas/index.html From: Michael Markos [mailto:michael@legalforcelaw.com] Sent: Monday, June 17, 2019 6:39 PM To: Brown, Barbara (TM) <Barbara.Brown@USPTO.GOV> Subject: Re: U.S. Trademark Application SN 88359146 PURSUE YOUR BEST Ms. Brown, Could we resolve Serial: 88424933, the same way? Best, Michael A. Markos Associate Attorney Phone: (650) 965-8731 Email: michael@legalforcelaw.com LegalForce RAPC Worldwide Professional Law Corporation 446 E. Southern Ave. Tempe, AZ 85282 www.legalforcelaw.com About LegalForce RAPC Worldwide - LegalForce RAPC Worldwide is a leading general practice law firm specializing in serving the diverse needs of individuals, businesses, and institutions worldwide. This electronic transmission contains information which is confidential and/or privileged. The information is intended for use only by the individual or entity named above. If you are not the intended recipient (or the employee or agent responsible for delivering this information to the intended recipient), you are hereby notified that any use, dissemination, distribution, or copying of this communication is prohibited. If you have received this information in error, please notify me by electronic mail and delete all copies of the transmission. Thank you. On Thu, Jun 13, 2019 at 11:14 AM Michael Markos <michael@legalforcelaw.com> wrote: Ms. Brown, That works, please make the change by way of EA- logging in, to view the workout and recording workout results. Best, Michael A. Markos Associate Attorney Phone: (650) 965-8731 Email

NOTE TO THE FILE

SERIAL NUMBER: 88424933

DATE: 06/25/2019

NAME: bbrown4

NOTE:

From: Michael Markos [mailto:michael@legalforcelaw.com]
Sent: Tuesday, June 25, 2019 11:15 AM
To: Brown, Barbara (TM) <Barbara.Brown@USPTO.GOV>
Subject: Re: U.S. Trademark Application SN 88359146 PURSUE YOUR BEST

Ms. Brown,

Please issue the EA. Thank you.

Best,

Michael A. Markos
Associate Attorney

Phone: (650) 965-8731

Email: michael@legalforcelaw.com

LegalForce RAPC Worldwide
Professional Law Corporation
446 E. Southern Ave.
Tempe, AZ 85282

www.legalforcelaw.com

About LegalForce RAPC Worldwide - LegalForce RAPC Worldwide is a leading general practice law firm specializing in serving the diverse needs of individuals, businesses, and institutions worldwide.

This electronic transmission contains information which is confidential and/or privileged. The information is intended for use only by the individual or entity named above. If you are not the intended recipient (or the employee or agent responsible for delivering this information to the intended recipient), you are hereby notified that any use, dissemination, distribution, or copying of this communication is prohibited. If you have received this information in error, please notify me by electronic mail and delete all copies of the transmission. Thank you.

On Mon, Jun 24, 2019 at 7:57 AM Brown, Barbara (TM) <Barbara.Brown@uspto.gov> wrote:

Dear Mr. Markos:

I have received the response to office action in SN 88424933 for the mark ACTA. The assignments and significance of the mark statements are accepted, but the function of the software has the same misspelling (“loginig in”) and unclear software function (“to do the workouts”) as the amendment in the copending application. Therefore, the applicant must amend to correct the spelling and clarify the functions, e.g.; logging in, recording workout results, etc. I would suggest the same Class 9 identification adopted in SN 88359146as follows:

INTERNATIONAL CLASS 9

Downloadable computer software and mobile device downloadable application software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index; downloadable computer software and mobile device downloadable application software for managing information regarding tracking, compliance and motivation with a health and fitness program; downloadable computer software and mobile device downloadable application software used to track fitness goals and statistics; downloadable computer software and mobile device downloadable application software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; downloadable computer application software for smartphones and mobile devices for logging in, to view the workout and recording workout results in the fields of fitness and exercise for personal training services, coaching, workouts and fitness assessments; downloadable mobile application software for creating personalized fitness training programs; downloadable computer application software for smartphones and mobile devices for logging in, to view the workout and recording workout results to support corporate wellness programs; downloadable computer software development tools; pre-recorded video recordings featuring athletic and fitness sessions; Pedometers; altimeters; scales and personal weighing scales; smartwatches, namely, multifunctional electronic devices for displaying, measuring, and uploading to the Internet information including time, date, steps taken, calories burned, distance travelled, floors climbed, active time, elevation, altitude, speed, pace, hours slept, quality of sleep, silent wake alarm, heart rate, routes, and weather information; smartwatches, namely, multifunctional electronic devices that link to mobile phones to control volume and notify users of incoming calls or messages; smartwatches, namely, multifunctional electronic devices that link to mobile phones for displaying, measuring, and uploading to the Internet navigational information; Personal electronic devices, namely, wearable activity tracker used to track fitness goals and statistics; wearable activity trackers; smartwatches; portable digital electronic devices, namely, wearable activity tracker for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files; wearable activity trackers, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through Internet websites and other computer and electronic communication networks; wearable activity trackers, namely, wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files and display screens.”

Please reply to this email by authorizing entry of the suggested amendment above, and I will enter the amended wording for you by examiner’s amendment. Please contact me if you have questions or wish to discuss the matter.

Thank you

/Barbara Brown/

Trademark Examining Attorney, LO 116

TEL: 571-272-9134

FAX: 571-273-9116

barbara.brown@uspto.gov (informal)

To file a response: http://www.gov.uspto.report/teas/index.html

From: Michael Markos [mailto:michael@legalforcelaw.com]
Sent: Tuesday, June 18, 2019 7:13 PM
To: Brown, Barbara (TM) <Barbara.Brown@USPTO.GOV>
Subject: Re: U.S. Trademark Application SN 88359146 PURSUE YOUR BEST

Ms. Brown,

Re- 88424933 - I will reach back out once we file the assignment agreement. The prior pendings are my client's marks that were filed prior to the LLC formation. We filed a response to the office action (it included the class change similar to PURSUE YOUR BEST and the response to the significance of the mark.

Best,

Michael A. Markos
Associate Attorney

Phone: (650) 965-8731

Email: michael@legalforcelaw.com

LegalForce RAPC Worldwide
Professional Law Corporation
446 E. Southern Ave.
Tempe, AZ 85282

www.legalforcelaw.com

About LegalForce RAPC Worldwide - LegalForce RAPC Worldwide is a leading general practice law firm specializing in serving the diverse needs of individuals, businesses, and institutions worldwide.

This electronic transmission contains information which is confidential and/or privileged. The information is intended for use only by the individual or entity named above. If you are not the intended recipient (or the employee or agent responsible for delivering this information to the intended recipient), you are hereby notified that any use, dissemination, distribution, or copying of this communication is prohibited. If you have received this information in error, please notify me by electronic mail and delete all copies of the transmission. Thank you.

On Mon, Jun 17, 2019 at 6:08 PM Brown, Barbara (TM) <Barbara.Brown@uspto.gov> wrote:

Dear Mr. Markos:

The applicant may adopt the same identification changes, but would still need to address the significance of the mark inquiry and possibly, the prior pending applications.

/Barbara Brown/

Trademark Examining Attorney, LO 116

TEL: 571-272-9134

FAX: 571-273-9116

barbara.brown@uspto.gov (informal)

To file a response: http://www.gov.uspto.report/teas/index.html

From: Michael Markos [mailto:michael@legalforcelaw.com]
Sent: Monday, June 17, 2019 6:39 PM
To: Brown, Barbara (TM) <Barbara.Brown@USPTO.GOV>
Subject: Re: U.S. Trademark Application SN 88359146 PURSUE YOUR BEST

Ms. Brown,

Could we resolve Serial: 88424933, the same way?

Best,

Michael A. Markos
Associate Attorney

Phone: (650) 965-8731

Email: michael@legalforcelaw.com

LegalForce RAPC Worldwide
Professional Law Corporation
446 E. Southern Ave.
Tempe, AZ 85282

www.legalforcelaw.com

About LegalForce RAPC Worldwide - LegalForce RAPC Worldwide is a leading general practice law firm specializing in serving the diverse needs of individuals, businesses, and institutions worldwide.

This electronic transmission contains information which is confidential and/or privileged. The information is intended for use only by the individual or entity named above. If you are not the intended recipient (or the employee or agent responsible for delivering this information to the intended recipient), you are hereby notified that any use, dissemination, distribution, or copying of this communication is prohibited. If you have received this information in error, please notify me by electronic mail and delete all copies of the transmission. Thank you.

On Thu, Jun 13, 2019 at 11:14 AM Michael Markos <michael@legalforcelaw.com> wrote:

Ms. Brown,

That works, please make the change by way of EA- logging in, to view the workout and recording workout results.

Best,

Michael A. Markos
Associate Attorney

Phone: (650) 965-8731

Email: michael@legalforcelaw.com

LegalForce RAPC Worldwide
Professional Law Corporation
446 E. Southern Ave.
Tempe, AZ 85282

www.legalforcelaw.com

About LegalForce RAPC Worldwide - LegalForce RAPC Worldwide is a leading general practice law firm specializing in serving the diverse needs of individuals, businesses, and institutions worldwide.

This electronic transmission contains information which is confidential and/or privileged. The information is intended for use only by the individual or entity named above. If you are not the intended recipient (or the employee or agent responsible for delivering this information to the intended recipient), you are hereby notified that any use, dissemination, distribution, or copying of this communication is prohibited. If you have received this information in error, please notify me by electronic mail and delete all copies of the transmission. Thank you.

On Wed, Jun 12, 2019 at 7:08 PM Brown, Barbara (TM) <Barbara.Brown@uspto.gov> wrote:

Dear Mr. Markos:

I received your response to office action filed today in which the applicant amended the identification of goods in Class 9. However, the wording “downloadable computer application software for smartphones and mobile devices for loginig in, viewing workouts, to do the workouts, and account for their workout plan…” is unclear because the wording “loginig in” and “to do the workouts” is unclear as functions of the software. The applicant must amend to correct the spelling and clarify the functions, e.g.; logging in, recording workout results, etc. Please reply to this email by indicating what wording the applicant wishes to adopt to clarify these functions and if possible, I will enter the amended wording for you by examiner’s amendment. I look forward to your prompt reply so we can resolve this minor issue. Feel free to call me with any questions.

Thank you

/Barbara Brown/

Trademark Examining Attorney, LO 116

TEL: 571-272-9134

FAX: 571-273-9116

barbara.brown@uspto.gov (informal)

To file a response: http://www.gov.uspto.report/teas/index.html