Response to Office Action

WALL TRAINER

Scott Anderson

Response to Office Action

PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88847369
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION
MARK mark
LITERAL ELEMENT THE WALL TRAINER
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
Applicant submits that "The Wall Trainer" is not generic. The phrase "Wall Trainer" is not commonly used by third parties to describe fitness equipment. The few examples cited by the Examiner do not rise to the level of "commonly used" just because the phrase has recently been used by some third parties in advertising promoting the sale of their products. Since the Examiner contends that the "The Wall Trainer" is merely descriptive of fitness equipment whose design has yet to be completed by Applicant, then Applicant requests a a six month extension of time (or suspension) to submit its Statement of Use so that it may request registration on the Supplemental Register
CORRESPONDENCE INFORMATION (current)
NAME Arthur Aaronson
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE art@aaronsonlawcorp.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) artlaw4@aol.com
CORRESPONDENCE INFORMATION (proposed)
NAME Arthur Aaronson
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE art@aaronsonlawcorp.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) artlaw4@aol.com
SIGNATURE SECTION
RESPONSE SIGNATURE /Arthur Aaronson/
SIGNATORY'S NAME Arthur Aaronson
SIGNATORY'S POSITION Attorney
SIGNATORY'S PHONE NUMBER 8187833858
DATE SIGNED 02/26/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Fri Feb 26 13:53:04 ET 2021
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XX-
20210226135304106794-8884
7369-770ed80a23313adabd54
957c162942229e4fae43de990
555ecd4b68da7f2cb9f29-N/A
-N/A-20210226133111722167



PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 88847369 THE WALL TRAINER(Standard Characters, see http://uspto.report/TM/88847369/mark.png) has been amended as follows:

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

Applicant submits that "The Wall Trainer" is not generic. The phrase "Wall Trainer" is not commonly used by third parties to describe fitness equipment. The few examples cited by the Examiner do not rise to the level of "commonly used" just because the phrase has recently been used by some third parties in advertising promoting the sale of their products. Since the Examiner contends that the "The Wall Trainer" is merely descriptive of fitness equipment whose design has yet to be completed by Applicant, then Applicant requests a a six month extension of time (or suspension) to submit its Statement of Use so that it may request registration on the Supplemental Register
Correspondence Information (current):
      Arthur Aaronson
      PRIMARY EMAIL FOR CORRESPONDENCE: art@aaronsonlawcorp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): artlaw4@aol.com
Correspondence Information (proposed):
      Arthur Aaronson
      PRIMARY EMAIL FOR CORRESPONDENCE: art@aaronsonlawcorp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): artlaw4@aol.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)
Response Signature
Signature: /Arthur Aaronson/     Date: 02/26/2021
Signatory's Name: Arthur Aaronson
Signatory's Position: Attorney

Signatory's Phone Number: 8187833858 Signature method: Signed directly within the form

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:    Arthur Aaronson
   
   
   16133 VENTURA BLVD. #675
   ENCINO, California 91436
Mailing Address:    Arthur Aaronson
   16133 VENTURA BLVD. #675
   ENCINO, California 91436
        
Serial Number: 88847369
Internet Transmission Date: Fri Feb 26 13:53:04 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202102261353041
06794-88847369-770ed80a23313adabd54957c1
62942229e4fae43de990555ecd4b68da7f2cb9f2
9-N/A-N/A-20210226133111722167



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