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. 88751745 EOS(Standard Characters, see http://uspto.report/TM/88751745/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examining Attorney has deemed Applicant?s Class 41 to conflict with the following Marks: 3432932 EOS; 5429480 EOS UPGRADE; 4837772 EOS FITNESS; 5750051 EOS FITNESS; 5868539 EOS G-FIT. To avoid any possibility of confusion, Applicant will add the following limitation to her identification of services: and not including the fields of entrepreneurship, business training and fitness training. This limitation on the scope of the services should eliminate any risk of confusion with these Marks, as it incorporates the core focus of those other cited registrations. With this limitation, Applicant hereby requests the Mark proceed to publication in Class 41. With regard to the other conflict citations for Classes 44 and 45, Applicant will delete those classes.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 044 for Aromatherapy services; body work therapy services; therapeutic massage therapy services, namely, providing lymphatic, acupressure, deep tissue and swedish massage

Applicant hereby deletes the following class of goods/services from the application.
Class 045 for Clairsentient therapy, namely, evaluating the physio-emotional state of the human body of each individual by means of life force analysis, advising and mentoring on ways to correct imbalances through body advocacy, body awareness and body maintenance practices; somatic therapy, namely, teaching self-advocacy through healthy body awareness, self-support and self-maintenance practices with regard to the impact of past trauma of the physio-emotional and mental state of the individual

Applicant proposes to amend the following:

Current:
Class 041 for Lifestyle coaching in the fields of personal, inter-relationship, and professional improvement
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 05/04/2006 and first used in commerce at least as early as 05/04/2006 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Lifestyle coaching in the fields of personal, inter-relationship, and professional improvement; Lifestyle coaching in the fields of personal, inter-relationship, and professional improvement, and not including the fields of entrepreneurship, business training and fitness training.Class 041 for Lifestyle coaching in the fields of personal, inter-relationship, and professional improvement, and not including the fields of entrepreneurship, business training and fitness training.
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 05/04/2006 and first used in commerce at least as early as 05/04/2006 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Michelle Bravo, a citizen of United States, having an address of
      5900 3rd Street
      San Francisco, California 94124
      United States

Proposed: Bravo, Michelle, a citizen of United States, having an address of
      5900 3rd Street
      San Francisco, California 94124
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: John E. Russell. John E. Russell of ALLMARK TRADEMARK, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 100
      101 PARKSHORE DRIVE
      FOLSOM, California 95630
      United States
      The phone number is 650-233-2789.
      The fax number is 6503974349.
      The email address is john@allmarktrademark.com

The owner's/holder's proposed attorney information: John E. Russell. John E. Russell of ALLMARK TRADEMARK, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 100
      101 PARKSHORE DRIVE
      FOLSOM, California 95630
      United States
      The phone number is 650-233-2789.
      The fax number is 6503974349.
      The email address is john@allmarktrademark.com

John E. Russell 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):
      JOHN E. RUSSELL
      PRIMARY EMAIL FOR CORRESPONDENCE: john@allmarktrademark.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): allmarktrademark@gmail.com
Correspondence Information (proposed):
      John E. Russell
      PRIMARY EMAIL FOR CORRESPONDENCE: john@allmarktrademark.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): allmarktrademark@gmail.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: /john e. russell/      Date: 09/16/2020
Signatory's Name: John E. Russell
Signatory's Position: Attorney for Applicant, California State Bar Member
Signatory's Phone Number: 6502332789


Response Signature
Signature: /john e. russell/     Date: 09/16/2020
Signatory's Name: John E. Russell
Signatory's Position: Attorney for Applicant, California Bar Member

Signatory's Phone Number: 6502332789

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:    JOHN E. RUSSELL
   ALLMARK TRADEMARK
   SUITE 100
   101 PARKSHORE DRIVE
   FOLSOM, California 95630
Mailing Address:    John E. Russell
   ALLMARK TRADEMARK
   SUITE 100
   101 PARKSHORE DRIVE
   FOLSOM, California 95630
        
Serial Number: 88751745
Internet Transmission Date: Wed Sep 16 21:49:47 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200916214947753110-88751745-
750e36a68f3388a494ecaf1578c56fc3aa5ed118
d4a1d81b934f182913bbb6a90-N/A-N/A-202009
16213152652476