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. 88491816 EE (Stylized and/or with Design, see http://uspto.report/TM/88491816/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 041 for Educational services, namely, providing on-line tutoring, classes and workshops in the field of exercise equipment, physical fitness, diet and nutritional programs; Educational services, namely, providing online instruction in the field of exercise equipment, physical fitness, diet and nutritional programs; Educational services, namely, providing tutoring, classes and workshops in the fields of exercise equipment, physical fitness, diet and nutritional programs; Fitness boot camps; Personal fitness training services; Physical fitness assessment services; Physical fitness consultation; Physical fitness training services; Providing fitness and exercise facilities; Providing a website featuring information on exercise and fitness; Providing an on-line computer database featuring information regarding exercise and fitness; Educational services, namely, conducting tutoring, classes and workshops in the fields of exercise equipment, physical fitness, diet and nutritional programs and distribution of training materials in connection therewith; On-line journals, namely, blogs featuring information on fitness and health; On-line video journals, namely, vlogs featuring nondownloadable videos in the field of fitness and health; Providing a website featuring blogs and non-downloadable publications in the nature of articles in the field(s) of fitness and health
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 06/13/2019 and first used in commerce at least as early as 06/13/2019 , and is now in use in such commerce.

Proposed: Class 041 for Educational services, namely, providing on-line tutoring, classes and workshops in the field of exercise equipment, physical fitness, diet and nutritional programs; Educational services, namely, providing online instruction in the field of exercise equipment, physical fitness, diet and nutritional programs; Educational services, namely, providing tutoring, classes and workshops in the fields of exercise equipment, physical fitness, diet and nutritional programs; Fitness boot camps; Personal fitness training services; Physical fitness assessment services; Physical fitness consultation; Physical fitness training services; Providing fitness and exercise facilities; Providing a website featuring information on exercise and fitness; Providing an on-line computer database featuring information regarding exercise and fitness; Educational services, namely, conducting tutoring, classes and workshops in the fields of exercise equipment, physical fitness, diet and nutritional programs and distribution of training materials in connection therewith; On-line journals, namely, blogs featuring information on fitness and health; On-line video journals, namely, vlogs featuring nondownloadable videos in the field of fitness and health; Providing a website featuring blogs and non-downloadable publications in the nature of articles in the field(s) of fitness and health
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 06/13/2019 and first used in commerce at least as early as 06/13/2019 , 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 Fitness schedules and programs that are distributed at the gym to patrons, created before the filing date.
"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].
Original PDF file:
SPU0-242548215-20200312180514937225_._Specimen1_EyeLogo.pdf
Converted PDF file(s) ( 18 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17
Specimen File18
Original PDF file:
SPU0-242548215-20200312180514937225_._Specimen2_EyeLogo.pdf
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPU0-242548215-20200312180514937225_._Specimen3_EyeLogo.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

The owner's/holder's current attorney information: Alexandra Summers. Alexandra Summers of SAUSSER SUMMERS, PC, is located at

      4846 PAYTON STREET
      SANTA BARBARA, California 93111
      United States
The docket/reference number is BER-1331-1.
      The phone number is 843-654-0078 x3.
      The email address is info@onlinetrademarkattorneys.com

The owner's/holder's proposed attorney information: Alexandra Summers. Other appointed attorneys are Brent Sausser. Alexandra Summers of Sausser Summers, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      4846 Payton Street
      Santa Barbara, California 93111
      United States
The docket/reference number is BER-1331-1.
      The phone number is 843-654-0078 x3.
      The email address is info@onlinetrademarkattorneys.com

Alexandra Summers 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.Correspondence Information (current):
      ALEXANDRA SUMMERS
      PRIMARY EMAIL FOR CORRESPONDENCE: info@onlinetrademarkattorneys.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is BER-1331-1.
Correspondence Information (proposed):
      Alexandra Summers
      PRIMARY EMAIL FOR CORRESPONDENCE: info@onlinetrademarkattorneys.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is BER-1331-1.

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: /Devin Bernardo/      Date: 03/13/2020
Signatory's Name: Devin Bernardo
Signatory's Position: General Partner
Signatory's Phone Number: 9059791122


Response Signature
Signature: /ABS/     Date: 03/13/2020
Signatory's Name: Alexandra Summers
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 84365400783

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:    ALEXANDRA SUMMERS
   SAUSSER SUMMERS, PC
   
   4846 PAYTON STREET
   SANTA BARBARA, California 93111
Mailing Address:    Alexandra Summers
   Sausser Summers, PC
   4846 Payton Street
   Santa Barbara, California 93111
        
Serial Number: 88491816
Internet Transmission Date: Fri Mar 13 12:07:53 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200313120753310
511-88491816-7105ca49965ae40ea5effc64685
4702eef8ca0ef455fd6e28869f802ae2f2b27e-N
/A-N/A-20200312180514937225