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. 88424933 ACTA (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88424933/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable computer software and mobile device downloadable application software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index; downloadable computer software and mobile device downloadable application software for managing information regarding tracking, compliance and motivation with a health and fitness program; downloadable computer software and mobile device downloadable application software used to track fitness goals and statistics; downloadable computer software and mobile device downloadable application software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; downloadable computer application software for smartphones and mobile devices in the fields of fitness and exercise for personal training services, coaching, workouts and fitness assessments; downloadable mobile application software for creating personalized fitness training programs; downloadable computer application software for smartphones and mobile devices to support corporate wellness programs; downloadable computer software development tools; pre-recorded video recordings featuring athletic and fitness sessions; Pedometers; altimeters; scales and personal weighing scales; smartwatches, namely, multifunctional electronic devices for displaying, measuring, and uploading to the Internet information including time, date, steps taken, calories burned, distance travelled, floors climbed, active time, elevation, altitude, speed, pace, hours slept, quality of sleep, silent wake alarm, heart rate, routes, and weather information; smartwatches, namely, multifunctional electronic devices that link to mobile phones to control volume and notify users of incoming calls or messages; smartwatches, namely, multifunctional electronic devices that link to mobile phones for displaying, measuring, and uploading to the Internet navigational information; Personal electronic devices used to track fitness goals and statistics; wearable activity trackers; smartwatches; portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files; wearable activity trackers, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through Internet websites and other computer and electronic communication networks; wearable activity trackers, namely, wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files and display screens
Original Filing Basis:
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: Downloadable computer software and mobile device downloadable application software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index; downloadable computer software and mobile device downloadable application software for managing information regarding tracking, compliance and motivation with a health and fitness program; downloadable computer software and mobile device downloadable application software used to track fitness goals and statistics; downloadable computer software and mobile device downloadable application software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; downloadable computer application software for smartphones and mobile devices in the fields of fitness and exercise for personal training services, coaching, workouts and fitness assessments; downloadable computer application software for smartphones and mobile devices for loginig in, viewing workouts, to do the workouts, and account for their workout plan in the fields of fitness and exercise for personal training services, coaching, workouts and fitness assessments; downloadable mobile application software for creating personalized fitness training programs; downloadable computer application software for smartphones and mobile devices to support corporate wellness programs; downloadable computer application software for smartphones and mobile devices for loginig in, viewing workouts, to do the workouts, and account for their workout plan to support corporate wellness programs; downloadable computer software development tools; pre-recorded video recordings featuring athletic and fitness sessions; Pedometers; altimeters; scales and personal weighing scales; smartwatches, namely, multifunctional electronic devices for displaying, measuring, and uploading to the Internet information including time, date, steps taken, calories burned, distance travelled, floors climbed, active time, elevation, altitude, speed, pace, hours slept, quality of sleep, silent wake alarm, heart rate, routes, and weather information; smartwatches, namely, multifunctional electronic devices that link to mobile phones to control volume and notify users of incoming calls or messages; smartwatches, namely, multifunctional electronic devices that link to mobile phones for displaying, measuring, and uploading to the Internet navigational information; Personal electronic devices used to track fitness goals and statistics; Personal electronic devices, namely, wearable activity tracker used to track fitness goals and statistics; wearable activity trackers; smartwatches; portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files; portable digital electronic devices, namely, wearable activity tracker for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files; wearable activity trackers, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through Internet websites and other computer and electronic communication networks; wearable activity trackers, namely, wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files and display screensClass 009 for Downloadable computer software and mobile device downloadable application software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index; downloadable computer software and mobile device downloadable application software for managing information regarding tracking, compliance and motivation with a health and fitness program; downloadable computer software and mobile device downloadable application software used to track fitness goals and statistics; downloadable computer software and mobile device downloadable application software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; downloadable computer application software for smartphones and mobile devices for loginig in, viewing workouts, to do the workouts, and account for their workout plan in the fields of fitness and exercise for personal training services, coaching, workouts and fitness assessments; downloadable mobile application software for creating personalized fitness training programs; downloadable computer application software for smartphones and mobile devices for loginig in, viewing workouts, to do the workouts, and account for their workout plan to support corporate wellness programs; downloadable computer software development tools; pre-recorded video recordings featuring athletic and fitness sessions; Pedometers; altimeters; scales and personal weighing scales; smartwatches, namely, multifunctional electronic devices for displaying, measuring, and uploading to the Internet information including time, date, steps taken, calories burned, distance travelled, floors climbed, active time, elevation, altitude, speed, pace, hours slept, quality of sleep, silent wake alarm, heart rate, routes, and weather information; smartwatches, namely, multifunctional electronic devices that link to mobile phones to control volume and notify users of incoming calls or messages; smartwatches, namely, multifunctional electronic devices that link to mobile phones for displaying, measuring, and uploading to the Internet navigational information; Personal electronic devices, namely, wearable activity tracker used to track fitness goals and statistics; wearable activity trackers; smartwatches; portable digital electronic devices, namely, wearable activity tracker for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files; wearable activity trackers, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through Internet websites and other computer and electronic communication networks; wearable activity trackers, namely, wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files and display screens
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.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
ACTA appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) ACTA has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /Michael Markos/     Date: 06/11/2019
Signatory's Name: Michael Markos
Signatory's Position: Attorney of record, AZ Bar Member

Signatory's Phone Number: 6509658731

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88424933
Internet Transmission Date: Wed Jun 12 01:17:54 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201906120117549
77338-88424933-620fd8f3dfc1f346cfe692a18
122072418a504d38899a6291db93cb546da608-N
/A-N/A-20190611020900549556