Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  July 25, 2019

 

 

USPTO database searched; potentially conflicting mark found.  The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no similar registered marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).  However, a mark in a prior-filed pending application may present a bar to registration of applicant’s mark.  Subsequent to this Examiner's Amendment, this application will be suspended pending resolution of the prior-filed application with U.S. Serial No. 79248411.

 

Application has been amended as shown below.  As agreed to by Peter Riebling, Esq., Applicant's counsel, on July 24, 2019, via email, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods are not permitted.  37 C.F.R. §2.71(a).

 

 

IDENTIFICATION OF GOODS

 

The identification of goods is amended to read as follows: 

 

International Class 028:  “Sporting goods, weightlifting, strength, athletic, physical fitness, exercise, physical fitness conditioning, gymnasium and body-training apparatus, equipment, machines and devices, namely, weightlifting bars in the nature of exercise  bars, dumbbells, exercise weights, hand weights in the nature of exercise weights, weighted plates in the nature of exercise weights, weightlifting bar collars and clamps specially adapted for use with weightlifting bars in the nature of exercise bars, weightlifting bar collars and clamps specially adapted for use with weightlifting bars in the nature of exercise bars sold as a unit with the weightlifting bars in the nature of exercise bars, weightlifting chalk, weightlifting chalk bowls and chalk stands specially adapted for use with weightlifting chalk, storage racks for athletic equipment, jump ropes, weightlifting belts, foam exercise rollers, sandbags in the nature of medicine balls made of neoprene specially made for physical fitness exercises, weightlifting wrist wraps in the nature of athletic wraps for supporting wrists during exercise, weightlifting knee wraps in the nature of athletic wraps for supporting knees during exercise, weightlifting elbow wraps in the nature of athletic wraps for supporting elbows during exercise, weightlifting shin and calf wraps in the nature of athletic wraps for supporting shins and calves during exercise, speed ropes in the nature of jump ropes, skipping ropes, training ropes in the nature of jump ropes, physical fitness conditioning ropes in the nature of weighted skipping ropes, pull-up bars in the nature of training bars, exercise treadmills, foam exercise leg rollers, foam exercise muscle rollers, kettlebells, medicine balls, slam balls in the nature of exercise balls, balls for exercise, training, and agility, rowing machines, stationary exercise bicycles, abdominal wheels in the nature of abdominal wheel rollers for fitness purposes, exercise machine mats in the nature of mats specially adapted for exercise machines, exercise stability balls, exercise reflex balls not for medical purposes, balance balls in the nature of exercise balls, exercise equipment, namely, plyometric boxes, gymnastics rings, electrical stimulation belts for strengthening muscles, ankle weights, wrist weights for exercise, weightlifting gloves, workout gloves, exercise gloves in the nature of workout gloves, obstacle course racing gloves specially adapted for use with obstacle course exercise equipment, stretch bands for exercise, straps and bands affixed to doors or objects specially adapted for performance of various physical fitness exercises, resistance exercise bands, resistance tubing in the nature of exercise bands, strength exercise bands, cones for speed and agility training, elevation ladders for speed and agility training, obstacles for obstacle course training, racing and competitions, namely, track and speed hurdles, agility poles, 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 in the nature of javelins; bags specially adapted for sports equipment”

 

See TMEP §§1402.01, 1402.01(e).

 

 

PLEASE NOTE:  As stated above, subsequent to the issuance of this Examiner's Amendment, this application will be suspending pending resolution of the prior-filed pending application with U.S. Serial No. 79248411.

 

 

If the applicant has any questions regarding this Examiner's Amendment, please contact the examining attorney at the contact information provided below.  Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

 

 

Yi, Crystal

/Crystal H. Yi/

Examining Attorney

Law Office 123

571.270.0763

crystal.yi@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 25, 2019 for

U.S. Trademark Application Serial No. 88442107

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

Yi, Crystal

/Crystal H. Yi/

Examining Attorney

Law Office 123

571.270.0763

crystal.yi@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”