Response to Office Action

SPARTAN

Spartan Race, Inc.

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 98089324
MARK SECTION
MARK mark
LITERAL ELEMENT SPARTAN
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 requests its application be suspended pending the final disposition of pending U.S. Application Serial Nos. 97120781, 97120767 and 97120739. Applicant also submits with this response the requested full URLs for the specimens of use.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 012
DESCRIPTION trailer hitch covers
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 08/01/2016
        FIRST USE IN COMMERCE DATE At least as early as 08/25/2016
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 012
DESCRIPTION trailer hitch covers
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 08/01/2016
       FIRST USE IN COMMERCE DATE At least as early as 08/25/2016
        WEBPAGE URL http://www.spartan.com/products/spartan-helmet-trailer-hitch-weathered-red?_pos=2&_sid=23cd38798&_ss=r&variant=20144863117410
        WEBPAGE DATE OF ACCESS 07/06/2023
        WEBPAGE URL http://www.spartan.com/products/spartan-flag-trailer-hitch-black-black?_pos=3&_sid=23cd38798&_ss=r&variant=31295290671202
        WEBPAGE DATE OF ACCESS 07/06/2023
        WEBPAGE URL http://www.spartan.com/products/spartan-helmet-trailer-hitch-camouflage?_pos=4&_sid=23cd38798&_ss=r&variant=20144860430434
        WEBPAGE DATE OF ACCESS 07/06/2023
        WEBPAGE URL http://www.spartan.com/products/spartan-trifecta-helmet-trailer-hitch?_pos=1&_sid=23cd38798&_ss=r&variant=20144866263138
        WEBPAGE DATE OF ACCESS 07/06/2023
CORRESPONDENCE INFORMATION
NAME PETER J. RIEBLING
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE peter.riebling@rieblinglaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) docketing@rieblinglaw.com; valerie.purdy-pyeron@rieblinglaw.com
DOCKET/REFERENCE NUMBER 386499-00044
SIGNATURE SECTION
RESPONSE SIGNATURE /peter j. riebling/
SIGNATORY'S NAME PETER J RIEBLING
SIGNATORY'S POSITION Attorney of Record, Member of District of Columbia Bar
SIGNATORY'S PHONE NUMBER 2026312021
DATE SIGNED 01/05/2024
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Fri Jan 05 16:02:46 ET 2024
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0240105160246171479-98089
324-8505b5fbb7e25cd17fa0f
b13314cc62ce6414b86ed98d4
d5e89e6b252f387d9da5-N/A-
N/A-20240105155711850374



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. 98089324 SPARTAN(Standard Characters, see http://uspto.report/TM/98089324/mark.png) has been amended as follows:

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

Applicant requests its application be suspended pending the final disposition of pending U.S. Application Serial Nos. 97120781, 97120767 and 97120739. Applicant also submits with this response the requested full URLs for the specimens of use.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 012 for trailer hitch covers
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 08/01/2016 and first used in commerce at least as early as 08/25/2016 , and is now in use in such commerce.


Proposed:
Class 012 for trailer hitch covers
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 08/01/2016 and first used in commerce at least as early as 08/25/2016 , and is now in use in such commerce.

Webpage URL: http://www.spartan.com/products/spartan-helmet-trailer-hitch-weathered-red?_pos=2&_sid=23cd38798&_ss=r&variant=20144863117410
Webpage Date of Access: 07/06/2023
Webpage URL: http://www.spartan.com/products/spartan-flag-trailer-hitch-black-black?_pos=3&_sid=23cd38798&_ss=r&variant=31295290671202
Webpage Date of Access: 07/06/2023
Webpage URL: http://www.spartan.com/products/spartan-helmet-trailer-hitch-camouflage?_pos=4&_sid=23cd38798&_ss=r&variant=20144860430434
Webpage Date of Access: 07/06/2023
Webpage URL: http://www.spartan.com/products/spartan-trifecta-helmet-trailer-hitch?_pos=1&_sid=23cd38798&_ss=r&variant=20144866263138
Webpage Date of Access: 07/06/2023
Correspondence Information
      PETER J. RIEBLING
      PRIMARY EMAIL FOR CORRESPONDENCE: peter.riebling@rieblinglaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@rieblinglaw.com; valerie.purdy-pyeron@rieblinglaw.com

The docket/reference number is 386499-00044.

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: /peter j. riebling/     Date: 01/05/2024
Signatory's Name: PETER J RIEBLING
Signatory's Position: Attorney of Record, Member of District of Columbia Bar

Signatory's Phone Number: 2026312021 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:    PETER J. RIEBLING
   RIEBLING IP, PLLC
   SUITE 1025
   1717 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20006
Mailing Address:    Peter J. Riebling
   RIEBLING IP, PLLC
   SUITE 1025
   1717 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20006
        
Serial Number: 98089324
Internet Transmission Date: Fri Jan 05 16:02:46 ET 2024
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2024010516024617
1479-98089324-8505b5fbb7e25cd17fa0fb1331
4cc62ce6414b86ed98d4d5e89e6b252f387d9da5
-N/A-N/A-20240105155711850374



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