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. 88457775 VX (Stylized and/or with Design, see http://uspto.report/TM/88457775/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Submitted evidence consists of the following VX logo on clothing, VX logo displayed on promotional flyers, VX logo on official business card and VX logo on website page has been attached. Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 025 for Fabric sold as an integral component of finished clothing items, namely, fitness attire: leggings, tights, compression clothing, shorts, t-shirts, sports bras, jackets, socks, shoes, hats, head bands, wrist bands, fitted shirts, sweat pants
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/15/2019 and first used in commerce at least as early as 05/18/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Fabric sold as an integral component of finished clothing items, namely, fitness attire: leggings, tights, compression clothing, shorts, t-shirts, sports bras, jackets, socks, shoes, hats, head bands, wrist bands, fitted shirts, sweat pants; Fitness apparel, namely, leggings, compression clothing, shorts, shirts, pants sport bras, jackets, socks, shoes, hats, head bands, wrist bandsClass 025 for Fitness apparel, namely, leggings, compression clothing, shorts, shirts, pants sport bras, jackets, socks, shoes, hats, head bands, wrist bands
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/15/2019 and first used in commerce at least as early as 05/18/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025. The specimen(s) submitted consists of Attachment specimen shows individual in a shirt with the VX logo in the center.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Applicant proposes to amend the following:
Current: Class 041 for Personal coaching services in the field of fitness, nutrition, health, bodybuilding and sports
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/15/2019 and first used in commerce at least as early as 05/15/2019 , and is now in use in such commerce.

Proposed: Class 041 for Personal coaching services in the field of fitness, nutrition, health, bodybuilding and sports
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/15/2019 and first used in commerce at least as early as 05/15/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 041. The specimen(s) submitted consists of Attached specimens show use of the VX logo on promotional flyers for free fitness events as well as the VX official website.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2
Specimen File3

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Audrea Linette Long, a limited liability company legally organized under the laws of California, having an address of
      2715 Circulo Santiago Apartment R
      Carlsbad, California 92008
      United States
      Email Address: vaultxathletics@gmail.com
      251-362-2713
Proposed: Long Audrea L., a citizen of United States, having an address of
      2715 Circulo Santiago Apartment R
      Carlsbad, California 92008
      United States
      Email Address: vaultxathletics@gmail.com
      251-362-2713
Correspondence Information (current):
      AUDREA LINETTE LONG
      PRIMARY EMAIL FOR CORRESPONDENCE: vaultxathletics@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): audrealbusiness@gmail.com
Correspondence Information (proposed):
      Long Audrea L.
      PRIMARY EMAIL FOR CORRESPONDENCE: vaultxathletics@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): audrealbusiness@gmail.com

The docket/reference number is N/A.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Audrea Long/      Date: 02/26/2020
Signatory's Name: Audrea Long
Signatory's Position: Owner
Signatory's Phone Number: 2513622713


Response Signature
Signature: /Audrea Long/     Date: 02/26/2020
Signatory's Name: Audrea Long
Signatory's Position: Owner

Signatory's Phone Number: 2513622713

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    AUDREA LINETTE LONG
   AUDREA LINETTE LONG
   
   2715 CIRCULO SANTIAGO APARTMENT R
   CARLSBAD, California 92008
Mailing Address:    Long Audrea L.
   2715 Circulo Santiago Apartment R
   Carlsbad, California 92008
        
Serial Number: 88457775
Internet Transmission Date: Wed Feb 26 23:49:04 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200226234904655736-88457775-
71031323cc7da74e5a5263a3a2c96ac6e1e64044
f8256ea080a43648f57b34dbf9-N/A-N/A-20200
226225214570894