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. 88505909 MY(Standard Characters, see http://uspto.report/TM/88505909/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 042 for Subscription-based application service provider (ASP) services featuring computer software for estimating and displaying a graphical summary of weight gain and weight loss scenarios arising as a result of an exercise and dietary regime; subscription-based application service provider (ASP) services featuring computer software to be used with a personal digital assistant (PDA) for monitoring caloric expenditure and recording dietary intake; subscription-based application service provider (ASP) services featuring computer software for analyzing and displaying projected weight gain and weight loss scenarios arising as a result of the monitored caloric expenditure and recorded dietary intake; subscription-based application service provider (ASP) services featuring computer software for the display and monitoring of the projected weight gain and weight loss scenarios of one or more individuals participating in exercise, weight-loss and obesity, or wellness programs; subscription-based application service provider (ASP) services featuring computer software for analyzing the functional behaviors of the musculoskeletal and cardiovascular systems of a person engaged in an exercise program; subscription-based application service provider (ASP) services featuring computer software to be used with a personal digital assistant (PDA) for monitoring physical activity and displaying feedback which guides the user through the exercise program; application service provider (ASP) services featuring a human performance computer database accessible by a person engaged in an exercise and dietary regime via a website accessible by means of a local area network or the Internet, and featuring the graphical summary and display of the projected weight gain and weight loss scenarios of one or more individuals participating in exercise, weight loss and obesity or wellness programs; providing an interactive website that enables users to order selected dietary meals and enter, access, track and monitor health and fitness information and reports tailored to the users caloric intake; providing a website allowing users to download exercise programs consisting of music and instruction

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 (Original Class: 042 ) for Providing an online database in the field of diet and exercise, namely, a database of human diet and exercise performance data that may be accessed by a person engaged in a dietary and exercise regimen
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number TMA776069 registered 09/01/2010 with a renewal date of 09/01/2025 and an expiration date of 09/01/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: MyAbilities Technologies Inc., a corporation of Canada, having an address of
      5500 North Service Road, Suite 801
      Burlington, Ontario, L7L6W6
      Canada

Proposed: MyAbilities Technologies Inc., a corporation of Canada, having an address of
      5500 North Service Road, Suite 801
      Burlington, Ontario, L7L6W6
      Canada
      Email Address: sleach@ridoutmaybee.com
Correspondence Information (current):
      Erin Morgan Klug
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@varnumlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): emklug@varnumlaw.com

The docket/reference number is Ridout T14US.
Correspondence Information (proposed):
      Erin Morgan Klug
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@varnumlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): emklug@varnumlaw.com

The docket/reference number is Ridout T14US.

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)
Response Signature
Signature: /Erin Morgan Klug/     Date: 02/26/2020
Signatory's Name: Erin Morgan Klug
Signatory's Position: Attorney of Record, Michigan Bar Member

Signatory's Phone Number: 2485677829

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:    Erin Morgan Klug
   Varnum, Riddering, Schmidt & Howlett LLP
   
   39500 High Pointe Blvd., Suite 350
   Novi, Michigan 48375
Mailing Address:    Erin Morgan Klug
   Varnum, Riddering, Schmidt & Howlett LLP
   39500 High Pointe Blvd., Suite 350
   Novi, Michigan 48375
        
Serial Number: 88505909
Internet Transmission Date: Wed Feb 26 12:21:12 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020022612211242
0621-88505909-71010248b9fe7fc8a7fef38b32
d549d4e34385030c149caed1c856c7b3975db593
9-N/A-N/A-20200226121930062268