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. 90010775 POWERUP(Standard Characters, see http://uspto.report/TM/90010775/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 016 for Printed pamphlets, brochures, manuals, books, booklets, leaflets, informational flyers, informational sheets and newsletters, adhesive backed stickers, and kits comprised solely of one or more of the foregoing materials in the field of children's fitness consisting of exercise, nutrition, and physical activity
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 12/11/2012 and first used in commerce at least as early as 12/11/2012 , and is now in use in such commerce.


Proposed:
Class 016 for Printed pamphlets, brochures, manuals, books, booklets, leaflets, informational flyers, informational sheets and newsletters, adhesive backed stickers, and kits comprised solely of one or more of the foregoing materials in the field of children's fitness consisting of exercise, nutrition, and physical activity
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 12/11/2012 and first used in commerce at least as early as 12/11/2012 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 016. The specimen(s) submitted consists of Screenshots of applicant's website displaying the mark in association with the goods and providing a means for ordering the products to be delivered in hard copy..
"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:
SPU0-7420513594-202007221 63817344907_._PowerUp_Sub stitute_Specimen.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-7420513594-202007221 63817344907_._PowerUp_Sub stitute_Specimen3.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-1-7420513594-2020072 2163817344907_._PowerUp_S ubstitute_Specimen2.pdf
Converted PDF file(s) ( 1 page) Specimen File1

The owner's/holder's current attorney information: Stephen D. Adams. Stephen D. Adams of POWERUP FITNESS, LLC, is located at

      440 WALNUT STREET, 402
      440 WALNUT ST., 402
      KNOXVILLE, Tennessee 37902
      United States
      The phone number is 423-757-0211.
      The fax number is 423-508-1211.
      The email address is sadams@chamblisslaw.com

The owner's/holder's proposed attorney information: Stephen D. Adams. Other appointed attorneys are Paul S. Weidlich; David J. Hill. Stephen D. Adams of Chambliss, Bahner & Stophel, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 1700
      605 Chestnut Street
      Chattanooga, Tennessee 37450
      United States
The docket/reference number is 288410020003.
      The phone number is 423-757-0211.
      The fax number is 423-508-1211.
      The email address is sadams@chamblisslaw.com

Stephen D. Adams 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):
      POWERUP FITNESS, LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: stacy@powerupfitness.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tness.net; ccharniak@chamblisslaw.com
Correspondence Information (proposed):
      Stephen D. Adams
      PRIMARY EMAIL FOR CORRESPONDENCE: sadams@chamblisslaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 288410020003.

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: /SDA/      Date: 07/22/2020
Signatory's Name: Stephen D. Adams
Signatory's Position: Attorney of Record, TN bar member
Signatory's Phone Number: (423) 757-0211


Response Signature
Signature: /SDA/     Date: 07/22/2020
Signatory's Name: Stephen D. Adams
Signatory's Position: Attorney of Record, TN bar member

Signatory's Phone Number: (423) 757-0211

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:    POWERUP FITNESS, LLC
   POWERUP FITNESS, LLC
   440 WALNUT STREET, 402
   440 WALNUT ST., 402
   KNOXVILLE, Tennessee 37902
Mailing Address:    Stephen D. Adams
   Chambliss, Bahner & Stophel, P.C.
   Suite 1700
   605 Chestnut Street
   Chattanooga, Tennessee 37450
        
Serial Number: 90010775
Internet Transmission Date: Wed Jul 22 16:55:01 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020072216550165
9041-90010775-7405c741c34cfffd2686fdc642
75619ee55e34d8fd36b88f2da7f1b2a2aa41020-
N/A-N/A-20200722163817344907