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 1960 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 07/31/2017)
`
`Request for Reconsideration after Final Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE IN COMMERCE DATE
`
`The table below presents the data as entered.
`
`Entered
`
`86448151
`
`LAW OFFICE 101
`
`http://tmng-al.uspto.gov/resting2/api/img/86448151/large
`
`PROJECT 42
`
`NO
`
`NO
`
`041
`
`Physical fitness instruction
`
`Section 1(a)
`
`At least as early as 03/00/2000
`
`At least as early as 03/00/2000
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`041
`
`DESCRIPTION
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE IN COMMERCE DATE
`
`Physical fitness instruction
`
`Section 1(a)
`
`At least as early as 03/00/2000
`
`At least as early as 03/00/2000
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)STATEMENT TYPE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)SPECIMEN FILE NAME(S)
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)ORIGINAL PDF FILE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)CONVERTED PDF FILE(S)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(2 pages)
`
`"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].
`
`SPU0-706314782-20160520141108164150_._110618-
`WRHF_Project42ProgramBroch.pdf
`
`\\TICRS\EXPORT16\IMAGEOUT16\864\481\86448151\xml16\RFR0002.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\864\481\86448151\xml16\RFR0003.JPG
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)SPECIMEN DESCRIPTION
`
`brochure showing use of trademark.
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`CONCURRENT APPEAL NOTICE FILED
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`/Matthew H. Swyers/
`
`Matthew H. Swyers
`
`Attorney of Record, Member of the Virgina State Bar
`
`800-906-8626 x 100
`
`05/20/2016
`
`/Matthew H. Swyers/
`
`Matthew H. Swyers
`
`Attorney of Record, Member of the Virginia State Bar
`
`8009068626
`
`05/20/2016
`
`YES
`
`NO
`
`Fri May 20 14:24:31 EDT 2016
`
`USPTO/RFR-XX.XX.XXX.XX-20
`160520142431447006-864481
`51-550d8e2c5aa5c2af85391e
`62eb71f88ab31f1e26333d014
`b91390b07909a3262-N/A-N/A
`-20160520141108164150
`
`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 1960 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 07/31/2017)
`
`Request for Reconsideration after Final Action
`To the Commissioner for Trademarks:
`
`Application serial no. 86448151(cid:160)PROJECT 42 (Stylized and/or with Design, see http://tmng-al.uspto.gov/resting2/api/img/86448151/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 041 for Physical fitness instruction
`Original Filing Basis:
`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 03/00/2000 and first used in commerce at least as early as 03/00/2000 , and is now in use in such commerce.
`
`Proposed: Class 041 for Physical fitness instruction
`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 03/00/2000 and first used in commerce at least as early as 03/00/2000 , and is now in use in such commerce.
`Applicant hereby submits one(or more) specimen(s) for Class 041 . The specimen(s) submitted consists of brochure showing use of trademark. .
`"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:
`SPU0-706314782-20160520141108164150_._110618-WRHF_Project42ProgramBroch.pdf
`Converted PDF file(s) ( 2 pages)
`Specimen File1
`Specimen File2
`
`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: /Matthew H. Swyers/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 05/20/2016
`Signatory's Name: Matthew H. Swyers
`Signatory's Position: Attorney of Record, Member of the Virgina State Bar
`Signatory's Phone Number: 800-906-8626 x 100
`
`Request for Reconsideration Signature
`Signature: /Matthew H. Swyers/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 05/20/2016
`Signatory's Name: Matthew H. Swyers
`Signatory's Position: Attorney of Record, Member of the Virginia State Bar
`
`

`
`Signatory's Phone Number: 8009068626
`
`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.
`
`The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
`
`Serial Number: 86448151
`Internet Transmission Date: Fri May 20 14:24:31 EDT 2016
`TEAS Stamp: USPTO/RFR-XX.XX.XXX.XX-20160520142431447
`006-86448151-550d8e2c5aa5c2af85391e62eb7
`1f88ab31f1e26333d014b91390b07909a3262-N/
`A-N/A-20160520141108164150
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`
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