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)

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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. 88442120 SPARTANFIT (Stylized and/or with Design, see http://uspto.report/TM/88442120/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, personal physical fitness training, and exercise 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 fitness, personal training and exercise; providing information in the fields of fitness, personal training and exercise via a global computer network; providing individualized personal training and exerciseClass 041 for 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, 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 fitness, personal training and exercise; providing information in the fields of fitness, personal training and exercise via a global computer network; providing individualized personal training and exercise
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.

SIGNATURE(S)
Response Signature
Signature: /peter j. riebling/     Date: 07/31/2019
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 an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88442120
Internet Transmission Date: Wed Jul 31 19:40:44 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201907311940448
79046-88442120-62028a3f960aba1d478fcb1a4
55ce1086a58f6732091a9f1755a8962c9eef8dc-
N/A-N/A-20190731193917946130