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 11/30/2023)

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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 11/30/2023)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90100329 XMARK FITNESS(Standard Characters, see http://uspto.report/TM/90100329/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 028 for Fitness equipment, namely, pilates equipment, namely, toe bars, reformers and resistance bands; inversion tables
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 12/31/2011 and first used in commerce at least as early as 12/31/2011 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Fitness equipment, namely, pilates equipment, namely, toe bars, reformers and resistance bands; inversion tables; inversion tables being exercise equipmentClass 028 for Fitness equipment, namely, pilates equipment, namely, toe bars, reformers and resistance bands; inversion tables being exercise equipment
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 12/31/2011 and first used in commerce at least as early as 12/31/2011 , and is now in use in such commerce. Correspondence Information (current):
      PATRICK K. STEELE
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@steeleiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is BAYO-0068.
Correspondence Information (proposed):
      Patrick K. Steele
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@steeleiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is BAYO-0068.

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: /Patrick K Steele/     Date: 12/10/2020
Signatory's Name: Patrick K. Steele
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 8326782349

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:    PATRICK K. STEELE
   STEELE IP LAW, PLLC
   
   12345 JONES ROAD, SUITE 200
   HOUSTON, Texas 77070
Mailing Address:    Patrick K. Steele
   STEELE IP LAW, PLLC
   12345 JONES ROAD, SUITE 200
   HOUSTON, Texas 77070
        
Serial Number: 90100329
Internet Transmission Date: Thu Dec 10 15:44:39 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20201210154439825
353-90100329-7504652b44ec722b9a7ed34b630
1ec40a635a388fe5eddbe81edafbd917b5d4e2-N
/A-N/A-20201210154311327074