Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88442107

DATE:                                07/25/2019

NAME:                               cyi1

NOTE:         

Searched:                                                             
     Google                            
     Lexis/Nexis                       
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
     Other:

Checked:                                                             
     Geographic significance          
     Surname                          
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email  Peter Riebling, Esq. 7.24.19                             Attorney/Applicant

     Requested Law Library search       X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        DO NOT PRINT           Added design code in TRADEUPS
     Description of the mark
     Translation statement                  Re-imaged standard character
                                            drawing
     Negative translation statement             
     Consent of living individual           Contacted TM MADRID ID/CLASS
                                            about misclassified definite ID
     Changed TRADEUPS to:

     OTHER:

From: Peter J. Riebling [mailto:peter.riebling@rieblinglaw.com]
Sent: Wednesday, July 24, 2019 4:40 PM
To: Yi, Crystal <Crystal.Yi@USPTO.GOV>
Cc: Docketing <docketing@rieblinglaw.com>; Valerie A. Purdy-Pyeron <valerie.purdy-pyeron@rieblinglaw.com>
Subject: RE: U.S. Trademark Application Serial No. 88442107 (SPARTANFIT)

 

Dear Ms. Yi,

 

We agree to all of your changes in Class 28.

 

The Applicant does not wish to add classes 22 or 27.  Please issue the Examiner’s Amendment and suspend our application pending disposition of 79248411.

 

Kindest regards,

 

Peter

 

 

PETER J. RIEBLING

Principal

Riebling IP, PLLC   

1717 Pennsylvania Avenue, NW, Suite 1025 / Washington, DC 20006-3951

p / (202) 631-2021 m / (202) 316-2950

peter.riebling@rieblinglaw.com / www.rieblinglaw.com

P Please consider the environment before printing this email.

______________________________________________________

This communication may contain information which is confidential, proprietary and/or protected by the attorney-client privilege and the work product doctrine.  It is the property of Riebling IP, PLLC.  Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful.  If you have received this communication in error, please notify us immediately by return email or telephone, and destroy this communication and all copies thereof, including all attachments.

 

From: Yi, Crystal <Crystal.Yi@USPTO.GOV>
Sent: Wednesday, July 24, 2019 12:41 PM
To: Peter J. Riebling <peter.riebling@rieblinglaw.com>
Cc: Docketing <docketing@rieblinglaw.com>; Valerie A. Purdy-Pyeron <valerie.purdy-pyeron@rieblinglaw.com>; File Room <File.Room@rieblinglaw.com>
Subject: U.S. Trademark Application Serial No. 88442107 (SPARTANFIT)
Importance: High

 

Good afternoon Peter:

 

I am the examining attorney reviewing U.S. Patent and Trademark Office Application Serial No. 88442107 (SPARTANFIT).  I have identified the following issues that I believe can be resolved via email: 

 

 

1. Prior-filed pending application:  The mark in the prior-filed pending application with U.S. Serial Nos. 79248411 (SPARTAN) is a potential bar to registration.  Once Applicant has resolved the issue below, this application would be suspended pending resolution of this application. 

 

 

2. Identification of goods: The identification of goods needs to be amended to clarify the nature of the goods.  It should be noted that climbing ropes are properly classified in International Class 022 as of September 6, 2018, and personal exercise mats are properly classified in International Class 027 as of June 21, 2018.  Applicant may adopt the following, if accurate:

 

International Class 022:  "climbing ropes"

 

International Class 027:  "personal exercise mats, namely, abdominal mats in the nature of personal exercise mats for abdominal exercises"

 

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, and 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, jump ropes, speed ropes in the nature of jump ropes, skipping ropes, climbing 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 mats, 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, medicine balls, 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;, and bags specially adapted for sports equipment”

 

Additionally, if Applicant were to add one or more classes, it would have to submit additional filing fees.   I can assist in the processing of these fees without Applicant having to submit a filing with the PTO.  If applicant is so inclined, please provide your written authorization and, by separate email message, your firm’s deposit account.

 

 

These changes to the identification of goods can be made on my end through an Examiner’s Amendment once you confirm agreement with the above changes.  The application would subsequently be suspended pending resolution of the prior-filed pending application above.

 

Please respond to this email by 3 p.m. EST on Thursday, July 25, 2019.

 

Sincerely,

 

 

 

 

Crystal H. Yi

Trademark Examining Attorney

Law Office 123

U.S. Patent & Trademark Office

571.270.0763

 

PLEASE NOTE:  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to any Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to a refusal and/or requirement in any Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.