Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

Issue date:  March 11, 2020

 

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Application has been amended as shown below.  As agreed to by the applicant’s attorney, Camille Miller, on March 11, 2020, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

 

SIGNIFICANCE OF MARK

 

The mark has no significance in the industry in which the goods/services are manufactured/provided, has no geographical meaning or meaning in any language, and has no meaning other than as a trademark/service mark.

 

 

DUAL APPLICATION BASES

 

The application will proceed based on Sections 1(b) and 44(d) of the Trademark Act.

 

15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4). 

 

IDENTIFICATION OF GOODS

 

In Class 9, the identification of goods is amended to read as follows: 

 

Downloadable, interactive multimedia computer software for use in database management, for use in sharing web based videos and documents, and for use in electronic storage of data which provides audio, audiovisual and video training information on the subject of physical exercise, physical exercise equipment, diet and nutrition, and pictures, images, text, and photos related thereto; downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, downloadable software for use in database management, for use in sharing web based videos and documents, and use in electronic storage of data, in the field of exercise, fitness, and dietary information and instruction; downloadable computer application messaging software for mobile phones, portable media players, handheld computers and related mobile devices, namely, downloadable software that allows users to communicate with each other; downloadable electronic game software in the field of exercise, fitness, and dietary information and instruction; downloadable computer application software for mobile phones, portable media players, handheld computers and related mobile devices, namely, downloadable software that allows users to provide fitness coaching reviews and recommendations for fitness coaches; downloadable computer application software for mobile phones, portable media players, handheld computers and related mobile devices, namely, downloadable software that allows users to communicate with other users; prerecorded DVDs featuring exercise, fitness, and dietary information instruction   

 

See TMEP §§1402.01, 1402.01(e).

 

 

 

 

 

/Esther A. Belenker/

Trademark Examining Attorney

Law Office 111

(571) 272-9125

Fax:  (571) 273-9125

esther.belenker@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 11, 2020 for

U.S. Trademark Application Serial No. 88776391

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Esther A. Belenker/

Trademark Examining Attorney

Law Office 111

(571) 272-9125

Fax:  (571) 273-9125

esther.belenker@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”