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. 88697655 CALIBER(Standard Characters, see http://uspto.report/TM/88697655/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable computer application software for mobile phones, namely, software for for users to obtain, access and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, nutrition advice, meal plans, and workout videos
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 10/01/2017 and first used in commerce at least as early as 10/01/2017 , and is now in use in such commerce.


Proposed:
Class 009 for Downloadable computer application software for mobile phones, namely, software for for users to obtain, access and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, nutrition advice, meal plans, and workout videos
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 10/01/2017 and first used in commerce at least as early as 10/01/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of The specimen consists of the launch screen and main menu of the CALIBER mobile application and a screenshot of the email sent to the user to download the app..
"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:
SPU0-981320879-2020022715 3338669303_._CALIBER_C_Su bstitute_Specimen_of_Use_.pdf
Converted PDF file(s) ( 3 pages) Specimen File1Specimen File2Specimen File3

Applicant proposes to amend the following:

Current:
Class 042 for Software as a service (SAAS) services featuring software for for use in physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, nutrition advice, meal plans, and workout videos
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 10/01/2017 and first used in commerce at least as early as 10/01/2017 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Software as a service (SAAS) services featuring software for for use in physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, nutrition advice, meal plans, and workout videos; Software as a service (SAAS) services featuring software for users to obtain, access, and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, nutrition advice, meal plans, and workout videosClass 042 for Software as a service (SAAS) services featuring software for users to obtain, access, and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, nutrition advice, meal plans, and workout videos
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 10/01/2017 and first used in commerce at least as early as 10/01/2017 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Caliber Fitness, Inc., a corporation of Delaware, having an address of
      360 West 31st St. Floor 9
      New York, New York 10001-2872
      United States

Proposed: Caliber Fitness, Inc., a corporation of Delaware, having an address of
      360 West 31st St. Floor 9
      New York, New York 10001-2872
      United States
      Email Address: XXXX
Correspondence Information (current):
      SONIA FARBER
      PRIMARY EMAIL FOR CORRESPONDENCE: sonia@klukfarber.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): zach@klukfarber.com
Correspondence Information (proposed):
      Sonia Farber
      PRIMARY EMAIL FOR CORRESPONDENCE: sonia@klukfarber.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): zach@klukfarber.com

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: /Sonia Farber/      Date: 02/27/2020
Signatory's Name: Sonia Farber
Signatory's Position: Attorney of record, New York bar member

Response Signature
Signature: /Sonia Farber/     Date: 02/27/2020
Signatory's Name: Sonia Farber
Signatory's Position: Attorney of record, New York bar member

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:    SONIA FARBER
   
   
   166 MERCER ST., SUITE 6B
   NEW YORK, New York 10012
Mailing Address:    Sonia Farber
   166 MERCER ST., SUITE 6B
   NEW YORK, New York 10012
        
Serial Number: 88697655
Internet Transmission Date: Thu Feb 27 15:38:02 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200227153802819
573-88697655-7108d69d7f5f229a94659be8dbb
443b319185bb1266f2b33f89aec8eb8bd230fb-N
/A-N/A-20200227153338669303