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)

---

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. 88442111 SPARTAN (Stylized and/or with Design, see http://uspto.report/TM/88442111/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Health club and gym services; providing fitness, personal training and exercise facilities; providing fitness and exercise studio services; providing fitness training equipment and cardiovascular training equipment; providing obstacle course training gym facilities; providing educational services, namely, instructional programs, seminars, conferences, workshops, classes, consultation, training, coaching and instruction in the fields of fitness, personal training and exercise; providing information in the fields of fitness, personal training and exercise via a global computer network
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: Health club and gym services; Health club and gym services, namely, providing health clubs and gym facilities for physical exercise; providing fitness, personal training and exercise facilities; providing fitness and exercise facilities and personal physical fitness training facilities; providing fitness and exercise studio services; providing fitness and exercise studio services, namely, providing group fitness classes, providing group exercise facilities, Pilates instruction, group fitness classes featuring cycling, obstacle course training, and group fitness classes with sandbag or other body resistance materials; providing fitness training equipment and cardiovascular training equipment; providing fitness studio services, namely, providing fitness training equipment and cardiovascular training equipment; providing obstacle course training gym facilities; providing educational services, namely, instructional programs, seminars, conferences, workshops, classes, consultation, training, coaching and instruction in the fields of fitness, personal training and exercise; providing educational services, namely, instructional programs in the nature of classes, seminars, conferences, workshops, classes, consultation, training, coaching and instruction in the fields of physical fitness, personal training and exercise; providing information in the fields of fitness, personal training and exercise via a global computer network; providing information in the fields of physical fitness, personal training and exercise via a global computer network; providing individualized personal fitness training and conducting exercise classesClass 041 for Health club and gym services, namely, providing health clubs and gym facilities for physical exercise; providing fitness and exercise facilities and personal physical fitness training facilities; providing fitness and exercise studio services, namely, providing group fitness classes, providing group exercise facilities, Pilates instruction, group fitness classes featuring cycling, obstacle course training, and group fitness classes with sandbag or other body resistance materials; providing fitness studio services, namely, providing fitness training equipment and cardiovascular training equipment; providing obstacle course training gym facilities; providing educational services, namely, instructional programs in the nature of classes, seminars, conferences, workshops, classes, consultation, training, coaching and instruction in the fields of physical fitness, personal training and exercise; providing information in the fields of physical fitness, personal training and exercise via a global computer network; providing individualized personal fitness training and conducting exercise classes
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: 11/11/2019
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: 88442111
Internet Transmission Date: Mon Nov 11 07:41:57 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201911110741576
49730-88442111-7007a258592d15af43ffc0288
85e2aecb97c891b245f594e8a5efb108a563f29-
N/A-N/A-20191111073713871096