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. 88507901 SOULBEAT(Standard Characters, see http://uspto.report/TM/88507901/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 042 for Gathering and providing access to information related to the tracking of athletic performance via a global computer information network; Gathering and providing access to information related to the tracking of athletic performance in connection with physical fitness training classes via a global computer information network; Providing use of non-downloadable software to view, monitor, track, upload, and download data regarding physical activity and fitness training; Software as a service, namely, gathering and providing access to information related to the tracking of athletic performance via a global computer information network; Software as a service, namely, gathering and providing access to information related to the tracking of athletic performance in connection with physical fitness training classes via a global computer information network
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: Gathering and providing access to information related to the tracking of athletic performance via a global computer information network; Providing on-line non-downloadable software to view, monitor, track, upload, and download data regarding physical activity and fitness training; Gathering and providing access to information related to the tracking of athletic performance in connection with physical fitness training classes via a global computer information network; Software as a service (SAAS) services featuring software for gathering and providing access to information related to tracked athletic performance; Providing use of non-downloadable software to view, monitor, track, upload, and download data regarding physical activity and fitness training; Software as a service (SAAS) services featuring software for gathering and providing access to information related to tracked athletic performance in connection with physical fitness training classes.; Software as a service, namely, gathering and providing access to information related to the tracking of athletic performance via a global computer information network; Software as a service, namely, gathering and providing access to information related to the tracking of athletic performance in connection with physical fitness training classes via a global computer information networkClass 042 for Providing on-line non-downloadable software to view, monitor, track, upload, and download data regarding physical activity and fitness training; Software as a service (SAAS) services featuring software for gathering and providing access to information related to tracked athletic performance; Software as a service (SAAS) services featuring software for gathering and providing access to information related to tracked athletic performance in connection with physical fitness training classes.
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: SoulCycle Inc., a corporation of Delaware, having an address of
      609 Greenwich Street
      New York, New York 10014
      United States

Proposed: SoulCycle Inc., a corporation of Delaware, having an address of
      609 Greenwich Street
      New York, New York 10014
      United States
      Email Address: legal@soulcycle.com

The owner's/holder's current attorney information: Keith W. Medansky. Keith W. Medansky of DLA PIPER LLP (US), is located at

      PO BOX 64807
      CHICAGO, Illinois 60664-0807
      United States
The docket/reference number is 398901-15.
      The phone number is 312-368-4000.
      The fax number is 312.236.7516.
      The email address is ch.tm@dlapiper.com

The owner's/holder's proposed attorney information: Keith W. Medansky. Other appointed attorneys are Hilary H. Remijas, Michael A. Geller, Nicole A. Chaudhari, Eugenia Schontag. Keith W. Medansky of DLA PIPER LLP (US), is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      PO BOX 64807
      CHICAGO, Illinois 60664-0807
      United States
The docket/reference number is 398901-15.
      The phone number is 312-368-4000.
      The fax number is 312.236.7516.
      The email address is ch.tm@dlapiper.com

Keith W. Medansky 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):
      KEITH W. MEDANSKY
      PRIMARY EMAIL FOR CORRESPONDENCE: ch.tm@dlapiper.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): elizabeth.nolan@dlapiper.com

The docket/reference number is 398901-15.
Correspondence Information (proposed):
      Keith W. Medansky
      PRIMARY EMAIL FOR CORRESPONDENCE: ch.tm@dlapiper.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): elizabeth.nolan@dlapiper.com

The docket/reference number is 398901-15.

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: /Hilary H. Remijas/     Date: 02/26/2020
Signatory's Name: Hilary H. Remijas
Signatory's Position: Associate Attorney, DLA Piper LLP (US), Illinois bar member

Signatory's Phone Number: 312.368.4000

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:    KEITH W. MEDANSKY
   DLA PIPER LLP (US)
   
   PO BOX 64807
   CHICAGO, Illinois 60664-0807
Mailing Address:    Keith W. Medansky
   DLA PIPER LLP (US)
   PO BOX 64807
   CHICAGO, Illinois 60664-0807
        
Serial Number: 88507901
Internet Transmission Date: Wed Feb 26 13:53:41 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-202002261353414138
58-88507901-710f477aaa1838a78437c33110a9
9dcb084be8a881bbe1342326f4e60fa1db85a-N/
A-N/A-20200226122528905886