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. 88451210 READYSTEADYGOKIDS (Stylized and/or with Design, see http://uspto.report/TM/88451210/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 Education, training and entertainment services; instruction in physical fitness; operation of physical fitness centres; physical education services; physical education instruction; physical fitness training services; physical fitness tuition; physical health education; physical training services; fitness and exercise clinics, clubs and salons; health club services relating to fitness and exercise; instruction in physical fitness; conducting exercise classes; provision of apparatus for exercise; provision of exercise facilities; sports, gymnastic and dance instruction; children's education and entertainment services; consultancy or advisory services in relation to any of the aforementioned services; lifestyle counselling and consultancy (training); providing information, including but not limited to online, about any of the aforementioned services
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: Education, training and entertainment services; Education services, namely, classes, seminars and workshops in the field of physical fitness; training in the field of physical fitness; entertainment services, namely, sports classes and sports clinics for preschool, primary school, and kindergarten; instruction in physical fitness; operation of physical fitness centres; physical education services; physical fitness tuition; physical education instruction; physical health education; physical fitness training services; physical training services; physical health education, namely, providing classes, seminars and workshops in the field of physical fitness; physical fitness training services; fitness and exercise clinics, clubs and salons; health club services relating to fitness and exercise; instruction in physical fitness; conducting exercise classes; provision of apparatus for exercise; provision of exercise facilities; children's education and entertainment services; sports, gymnastic and dance instruction; children's education and entertainment services, namely, providing classes, seminars and workshops in the field of physical fitness and sports classes and sports clinics for preschool, primary school, and kindergarten; lifestyle counselling and consultancy (training); consultancy or advisory services in relation to any of the aforementioned services; providing information, including but not limited to online, about any of the aforementioned servicesClass 041 for Education services, namely, classes, seminars and workshops in the field of physical fitness; training in the field of physical fitness; entertainment services, namely, sports classes and sports clinics for preschool, primary school, and kindergarten; instruction in physical fitness; operation of physical fitness centres; physical education services; physical education instruction; physical fitness training services; physical health education, namely, providing classes, seminars and workshops in the field of physical fitness; physical fitness training services; fitness and exercise clinics, clubs and salons; health club services relating to fitness and exercise; instruction in physical fitness; conducting exercise classes; provision of apparatus for exercise; provision of exercise facilities; sports, gymnastic and dance instruction; children's education and entertainment services, namely, providing classes, seminars and workshops in the field of physical fitness and sports classes and sports clinics for preschool, primary school, and kindergarten; consultancy or advisory services in relation to any of the aforementioned services; providing information, including but not limited to online, about any of the aforementioned services
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for Lifestyle wellness counseling and consultancy; and providing information, including but not limited to online, about the aforementioned services
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: Rexford Brabson. Rexford Brabson of BRANFMAN MAYFIELD BUSTARDE REICHENTHAL LLP, is located at

      462 STEVENS AVE. #303
      SOLANA BEACH, California 92075
      US

The phone number is 858-793-8090.

The email address is rexford@bmbr.com

The applicants proposed attorney information: Rexford Brabson. Rexford Brabson of BRANFMAN MAYFIELD BUSTARDE REICHENTHAL LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      462 STEVENS AVE. #303
      SOLANA BEACH, California 92075
      United States

The phone number is 858-793-8090.

The email address is rexford@bmbr.com

Rexford Brabson 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: REXFORD BRABSON. REXFORD BRABSON of BRANFMAN MAYFIELD BUSTARDE REICHENTHAL LLP, is located at

      462 STEVENS AVE. #303
      SOLANA BEACH, California 92075
      US

The phone number is 858-793-8090.

The email address is rexford@bmbr.com; mark@bmbr.com

The applicants proposed correspondence information: Rexford Brabson. Rexford Brabson of BRANFMAN MAYFIELD BUSTARDE REICHENTHAL LLP, is located at

      462 STEVENS AVE. #303
      SOLANA BEACH, California 92075
      United States

The phone number is 858-793-8090.

The email address is rexford@bmbr.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Rexford Brabson/      Date: 10/04/2019
Signatory's Name: Rexford Brabson
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 8587938090


Response Signature
Signature: /Rexford Brabson/     Date: 10/04/2019
Signatory's Name: Rexford Brabson
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 8587938090

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:    REXFORD BRABSON
   BRANFMAN MAYFIELD BUSTARDE REICHENTHAL LLP
   
   462 STEVENS AVE. #303
   SOLANA BEACH, California 92075
Mailing Address:    Rexford Brabson
   BRANFMAN MAYFIELD BUSTARDE REICHENTHAL LLP
   462 STEVENS AVE. #303
   SOLANA BEACH, California 92075
        
RAM Sale Number: 88451210
RAM Accounting Date: 10/04/2019
        
Serial Number: 88451210
Internet Transmission Date: Fri Oct 04 17:05:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019100417051249
3115-88451210-610bd46738f1c34fa243560aca
da31bdec4fe36de4fc0adcc9c7fa07e8bf66344-
CC-05119193-20191004164429485856