To: | Spartan Race, Inc. (peter.riebling@rieblinglaw.com) |
Subject: | U.S. Trademark Application Serial No. 88442120 - SPARTANFIT - 386499-00123 |
Sent: | July 30, 2019 07:49:16 AM |
Sent As: | ecom123@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88442120
Mark: SPARTANFIT
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Correspondence Address: |
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Applicant: Spartan Race, Inc.
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Reference/Docket No. 386499-00123
Correspondence Email Address: |
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PRIORITY ACTION
NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: July 30, 2019
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must address issues shown below. On July 24, 2019, the examining attorney and Peter Riebling, Esq., Applicant's counsel, discussed the issues below via email. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
Applicant is encouraged to telephone or e-mail the assigned trademark examining attorney to resolve the issues raised in this Office action by examiner’s amendment. Although the USPTO will not accept a formal response by e-mail, an applicant may communicate informally by phone or e-mail with the trademark examining attorney to agree to a proposed amendment to the application that will immediately place the application in condition for publication for opposition, issuance of a registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
AMENDMENT OF IDENTIFICATION OF SERVICES REQUIRED
(THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE SERVICES SPECIFIED HEREIN)
The identification of services is unacceptable because it contains indefinite wording and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following identification, if accurate:
International Class 041 “Health club and gym services, namely, providing health clubs and gym facilities for physical exercise; providing fitness, personal physical fitness training, and exercise facilities; providing fitness and exercise studio services, namely, [specify fitness and exercise studio services within this International Class, e.g., providing group fitness classes, providing body sculpting classes, providing group exercise facilities, Pilates instruction, providing tennis 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 in the nature of classes, 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”
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Partial Abandonment Advisory
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
If applicant does not timely respond to this Office action, the following services in International Class 041 will be deleted from the application: "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". See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the following services only in International Class 041: "providing information in the fields of fitness, personal training and exercise via a global computer network". See TMEP §718.02(a).
If the applicant has any questions or requires assistance in responding to this Office Action, 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
How to respond. Click to file a response to this nonfinal Office action.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
RESPONSE GUIDANCE