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 09/20/2020)
`
`Request for Reconsideration after Final Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`ARGUMENT(S)
`
`The table below presents the data as entered.
`
`Entered
`
`86821875
`
`LAW OFFICE 113
`
`https://tmng-al.uspto.gov/resting2/api/img/86821875/large
`
`COURSA SPORTS
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`Please see the actual argument text attached within the Evidence section.
`
`EVIDENCE SECTION
`
`        EVIDENCE FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (3 pages)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (1 page)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (1 page)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (1 page)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (1 page)
`
`evi_208184134166-20180514172554601897_._COURSA_SPORTS_-
`_FOA_Response.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0002.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0003.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0004.JPG
`
`evi_208184134166-20180514172554601897_._COURSA_SPORTS_-
`_SDK_Introduction_page.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0005.JPG
`
`evi_208184134166-20180514172554601897_._COURSA_SPORTS_-
`_DSL_iOS_Integration_page.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0006.JPG
`
`evi_208184134166-20180514172554601897_._COURSA_SPORTS_-
`_Cloud_APIs_screenshot.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0007.JPG
`
`evi_208184134166-20180514172554601897_._COURSA_SPORTS_-
`_Screenshot_of_log_in_page.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0008.JPG
`
`evi_208184134166-20180514172554601897_._COURSA_SPORTS_-
`
`       
`       
`

`

`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (1 page)
`
`DESCRIPTION OF EVIDENCE FILE
`
`_Screenshot_of_welcome_page.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0009.JPG
`
`pdfs of various pages showing use of the mark in connection with the identified
`goods and services
`
`GOODS AND/OR SERVICES SECTION (009)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`009
`
`Computer interfaces and software for use in adapting settings, optimizing performance, automating tasks, and personalizing user experience on
`mobile phones, smartphones, wearable portable device, and other mobile devices based on user context, environments, activity, modality,
`behaviors, location, and time; global navigation satellite system (GNSS) tracking device; electronic non-medical portable devices primarily for
`measuring, storing, transferring, and synchronizing information about an individual's location, physical exercise, and activity levels, namely,
`date, time, global positioning, direction, altitude, speed, distance, and calorie consumption; computer software for data collection, aggregation,
`tabulation, and the management of information used in connection with consumer analysis, market research, and product development;
`computer application software for mobile, cloud, and networked computing devices, namely, software for content sharing and data aggregation
`
`        FIRST USE ANYWHERE DATE
`
`        FIRST USE IN COMMERCE DATE
`
`FILING BASIS
`
`At least as early as 11/17/2015
`
`At least as early as 11/17/2015
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (009)(proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`009
`
`Computer interfaces and software for use in adapting settings, optimizing performance, automating tasks, and personalizing user experience on
`mobile phones, smartphones, wearable portable device, and other mobile devices based on user context, environments, activity, modality,
`behaviors, location, and time; global navigation satellite system (GNSS) tracking device; electronic non-medical portable devices primarily for
`measuring, storing, transferring, and synchronizing information about an individual's location, physical exercise, and activity levels, namely,
`date, time, global positioning, direction, altitude, speed, distance, and calorie consumption; computer software for data collection, aggregation,
`tabulation, and the management of information used in connection with consumer analysis, market research, and product development;
`computer application software for mobile, cloud, and networked computing devices, namely, software for content sharing and data aggregation
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`DELETED
`
`DELETED
`
`       STATEMENT TYPE
`
`       SPECIMEN FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (1 page)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (1 page)
`
`"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].
`
`SPU0-208184134166-20180514172554601897_._COURSA_SPORTS_-
`_SDK_Introduction_page.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0010.JPG
`
`SPU0-208184134166-20180514172554601897_._COURSA_SPORTS_-
`_Cloud_APIs_screenshot.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0011.JPG
`
`

`

`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (1 page)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (1 page)
`
`       SPECIMEN DESCRIPTION
`
`FILING BASIS
`
`SPU0-208184134166-20180514172554601897_._COURSA_SPORTS_-
`_Screenshot_of_log_in_page.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0012.JPG
`
`SPU0-208184134166-20180514172554601897_._COURSA_SPORTS_-
`_Screenshot_of_welcome_page.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0013.JPG
`
`screenshots as they appear to the consumer/user-developer while using the
`software/goods and/or of screenshots of the electronic user guide for the software
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (035)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`035
`
`Compilation of information into computer databases for commercial purposes
`
`        FIRST USE ANYWHERE DATE
`
`        FIRST USE IN COMMERCE DATE
`
`FILING BASIS
`
`At least as early as 11/17/2015
`
`At least as early as 11/17/2015
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (035)(proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`035
`
`Compilation of information into computer databases for commercial purposes
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`At least as early as 11/17/2015
`
`At least as early as 11/17/2015
`
`       STATEMENT TYPE
`
`       SPECIMEN FILE NAME(S)
`
`       JPG FILE(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (11 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].
`
`\\TICRS\EXPORT17\IMAGEOUT 17\868\218\86821875\xml13 \RFR0026.JPG
`
`SPU1-208184134166-20180514172554601897_._3662.003_specimen_cl_35-2.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0014.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0015.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0016.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0017.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0018.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0019.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0020.JPG
`
`       
`       
`       
`       
`       
`       
`

`

`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (1 page)
`
`       SPECIMEN DESCRIPTION
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0021.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0022.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0023.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0024.JPG
`
`SPU1-208184134166-20180514172554601897_._3662.003_specimen_cl_35.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\218\86821875\xml13\RFR0025.JPG
`
`copy of the Terms and Conditions from Applicant's Software License Agreement
`and a screenshot of Applicant's website where Terms and Conditions have to be
`actively accepted prior to download
`
`FILING BASIS
`
`Section 1(b)
`
`CORRESPONDENCE SECTION
`
`ORIGINAL ADDRESS
`
`NEW CORRESPONDENCE SECTION
`
`NAME
`
`FIRM NAME
`
`MONICA RIVA TALLEY
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, N.W.
`WASHINGTON
`District of Columbia
`US
`20005
`
`Monica Riva Talley
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`DOCKET/REFERENCE NUMBER
`
`3662.0030000
`
`STREET
`
`CITY
`
`STATE
`
`ZIP/POSTAL CODE
`
`COUNTRY
`
`PHONE
`
`FAX
`
`EMAIL
`
`1100 NEW YORK AVENUE, N.W.
`
`WASHINGTON
`
`District of Columbia
`
`20005
`
`United States
`
`202-371-2600
`
`202-371-2540
`
`tm@sternekessler.com;mtalley@sternekessler.com; ldalier@sternekessler.com;
`amartins@sternekessler.com
`
`AUTHORIZED EMAIL COMMUNICATION
`
`Yes
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`/Monica Riva Talley/
`
`Monica Riva Talley
`
`Attorney of Record, Member of Virginia and Washington, DC bars
`
`202-371-2600
`
`05/14/2018
`
`/Monica Riva Talley/
`
`Monica Riva Talley
`
`       
`       
`       
`       
`

`

`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`CONCURRENT APPEAL NOTICE FILED
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`Attorney of Record, VA and DC bar member
`
`202-371-2600
`
`05/14/2018
`
`YES
`
`NO
`
`Mon May 14 18:33:59 EDT 2018
`
`USPTO/RFR-XXX.XXX.XXX.XXX
`-20180514183359387004-868
`21875-6104974ed3b7fd6ca5b
`065abb610f4748f27bb81c37b
`dccb81b769d9d58df9d5cc-N/
`A-N/A-2018051418062241124
`5
`
`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 09/20/2020)
`
`Request for Reconsideration after Final Action
`To the Commissioner for Trademarks:
`
`Application serial no. 86821875 COURSA SPORTS(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/86821875/large) has
`been amended as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`Please see the actual argument text attached within the Evidence section.
`
`EVIDENCE
`Evidence in the nature of pdfs of various pages showing use of the mark in connection with the identified goods and services has been attached.
`Original PDF file:
`evi_208184134166-20180514172554601897_._COURSA_SPORTS_-_FOA_Response.pdf
`Converted PDF file(s) ( 3 pages)
`Evidence-1
`Evidence-2
`Evidence-3
`Original PDF file:
`evi_208184134166-20180514172554601897_._COURSA_SPORTS_-_SDK_Introduction_page.pdf
`Converted PDF file(s) ( 1 page)
`Evidence-1
`Original PDF file:
`evi_208184134166-20180514172554601897_._COURSA_SPORTS_-_DSL_iOS_Integration_page.pdf
`Converted PDF file(s) ( 1 page)
`Evidence-1
`Original PDF file:
`evi_208184134166-20180514172554601897_._COURSA_SPORTS_-_Cloud_APIs_screenshot.pdf
`Converted PDF file(s) ( 1 page)
`Evidence-1
`Original PDF file:
`evi_208184134166-20180514172554601897_._COURSA_SPORTS_-_Screenshot_of_log_in_page.pdf
`
`

`

`Converted PDF file(s) ( 1 page)
`Evidence-1
`Original PDF file:
`evi_208184134166-20180514172554601897_._COURSA_SPORTS_-_Screenshot_of_welcome_page.pdf
`Converted PDF file(s) ( 1 page)
`Evidence-1
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 009 for Computer interfaces and software for use in adapting settings, optimizing performance, automating tasks, and
`personalizing user experience on mobile phones, smartphones, wearable portable device, and other mobile devices based on user context,
`environments, activity, modality, behaviors, location, and time; global navigation satellite system (GNSS) tracking device; electronic non-
`medical portable devices primarily for measuring, storing, transferring, and synchronizing information about an individual's location, physical
`exercise, and activity levels, namely, date, time, global positioning, direction, altitude, speed, distance, and calorie consumption; computer
`software for data collection, aggregation, tabulation, and the management of information used in connection with consumer analysis, market
`research, and product development; computer application software for mobile, cloud, and networked computing devices, namely, software for
`content sharing and data aggregation
`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.
`
`In International Class 009, the mark was first used at least as early as 11/17/2015 and first used in commerce at least as early as 11/17/2015 .
`
`Proposed: Class 009 for Computer interfaces and software for use in adapting settings, optimizing performance, automating tasks, and
`personalizing user experience on mobile phones, smartphones, wearable portable device, and other mobile devices based on user context,
`environments, activity, modality, behaviors, location, and time; global navigation satellite system (GNSS) tracking device; electronic non-
`medical portable devices primarily for measuring, storing, transferring, and synchronizing information about an individual's location, physical
`exercise, and activity levels, namely, date, time, global positioning, direction, altitude, speed, distance, and calorie consumption; computer
`software for data collection, aggregation, tabulation, and the management of information used in connection with consumer analysis, market
`research, and product development; computer application software for mobile, cloud, and networked computing devices, namely, software for
`content sharing and data aggregation
`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.
`
`In International Class 009, the mark was first used at least as early as 00/00/0000 . and first used in commerce at least as early as 00/00/0000 .
`
`Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of screenshots as they appear to the
`consumer/user-developer while using the software/goods and/or of screenshots of the electronic user guide for the software .
`"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:
`SPU0-208184134166-20180514172554601897_._COURSA_SPORTS_-_SDK_Introduction_page.pdf
`Converted PDF file(s) ( 1 page)
`
`

`

`Specimen File1
`Original PDF file:
`SPU0-208184134166-20180514172554601897_._COURSA_SPORTS_-_Cloud_APIs_screenshot.pdf
`Converted PDF file(s) ( 1 page)
`Specimen File1
`Original PDF file:
`SPU0-208184134166-20180514172554601897_._COURSA_SPORTS_-_Screenshot_of_log_in_page.pdf
`Converted PDF file(s) ( 1 page)
`Specimen File1
`Original PDF file:
`SPU0-208184134166-20180514172554601897_._COURSA_SPORTS_-_Screenshot_of_welcome_page.pdf
`Converted PDF file(s) ( 1 page)
`Specimen File1
`
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 035 for Compilation of information into computer databases for commercial purposes
`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.
`
`In International Class 035, the mark was first used at least as early as 11/17/2015 and first used in commerce at least as early as 11/17/2015 .
`
`Proposed: Class 035 for Compilation of information into computer databases for commercial purposes
`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.
`
`In International Class 035, the mark was first used at least as early as 11/17/2015 . and first used in commerce at least as early as 11/17/2015 .
`
`Applicant hereby submits one(or more) specimen(s) for Class 035 . The specimen(s) submitted consists of copy of the Terms and Conditions
`from Applicant's Software License Agreement and a screenshot of Applicant's website where Terms and Conditions have to be actively accepted
`prior to download .
`"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].
`JPG file(s):
`Specimen File1
`Original PDF file:
`SPU1-208184134166-20180514172554601897_._3662.003_specimen_cl_35-2.pdf
`Converted PDF file(s) ( 11 pages)
`Specimen File1
`Specimen File2
`Specimen File3
`Specimen File4
`
`

`

`Specimen File5
`Specimen File6
`Specimen File7
`Specimen File8
`Specimen File9
`Specimen File10
`Specimen File11
`Original PDF file:
`SPU1-208184134166-20180514172554601897_._3662.003_specimen_cl_35.pdf
`Converted PDF file(s) ( 1 page)
`Specimen File1
`
`CORRESPONDENCE ADDRESS CHANGE
`Applicant proposes to amend the following:
`Current:
`MONICA RIVA TALLEY
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, N.W.
`WASHINGTON
`District of Columbia
`US
`20005
`
`Proposed:
`Monica Riva Talley of STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C., having an address of
`1100 NEW YORK AVENUE, N.W. WASHINGTON, District of Columbia 20005
`United States
`tm@sternekessler.com;mtalley@sternekessler.com; ldalier@sternekessler.com; amartins@sternekessler.com
`202-371-2600
`202-371-2540
`The docket/reference number is 3662.0030000 .
`
`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: /Monica Riva Talley/      Date: 05/14/2018
`Signatory's Name: Monica Riva Talley
`Signatory's Position: Attorney of Record, Member of Virginia and Washington, DC bars
`Signatory's Phone Number: 202-371-2600
`
`Request for Reconsideration Signature
`Signature: /Monica Riva Talley/     Date: 05/14/2018
`Signatory's Name: Monica Riva Talley
`Signatory's Position: Attorney of Record, VA and DC bar member
`
`Signatory's Phone Number: 202-371-2600
`
`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.
`
`Mailing Address:    Monica Riva Talley
`   STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`   1100 NEW YORK AVENUE, N.W.
`   WASHINGTON, District of Columbia 20005
`
`Serial Number: 86821875
`Internet Transmission Date: Mon May 14 18:33:59 EDT 2018
`TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XXX-20180514183359
`387004-86821875-6104974ed3b7fd6ca5b065ab
`b610f4748f27bb81c37bdccb81b769d9d58df9d5
`cc-N/A-N/A-20180514180622411245
`
`        
`

`

`Re:
`
`US. Trademark Application No. 86/821,875
`Mark: COURSA SPORTS
`Our Ref: 36620030000
`
`Request for Reconsideration
`
`In a Final Office Action issued November 13, 2017, the Examining Attorney refused registration of the above-
`identified mark under Sections 1 and 45 of the Trademark Act on the grounds that the filed specimens are
`illegible and thus not acceptable to show use in commerce, and do not show use with the applied-for goods
`and/or services.
`
`The Examining Attorney also raised a new issue in this Final Office Action. Specifically, the Examining Attorney
`has now indicated that the specimens are unacceptable because the mark as shown in the specimens does
`not match the mark in the drawing page. The Examining Attorney argues that the specimens display the mark
`as COURSASPORTS where as the drawing displays the mark as COURSA SPORTS. Applicant respectfully
`disagrees and requests reconsideration for the reasons discussed below.
`
`Applicant seeks to register the mark COURSA SPORTS for the following goods and services:
`
`Computer interfaces and software for use in adapting settings, optimizing performance, automating
`tasks, and personalizing user experience on mobile phones, smartphones, wearable portable device,
`and other mobile devices based on user context, environments, activity, modality, behaviors, location,
`and time; global navigation satellite system (GNSS) tracking device; electronic non-medical portable
`devices primarily for measuring, storing, transferring, and synchronizing information about an
`individual's location, physical exercise, and activity levels, namely, date, time, global positioning,
`direction, altitude, speed, distance, and calorie consumption; computer software for data collection,
`aggregation, tabulation, and the management of information used in connection with consumer
`analysis, market research, and product development; computer application software for mobile, cloud,
`and networked computing devices, namely, software for content sharing and data aggregation, in Class
`9; and
`
`Compilation of information into computer databases for commercial purposes, in Class 35.
`
`As discussed above, the Examining Attorney has refused registration based on the grounds that the previously
`filed specimens do not show use of the mark in connection with the applied-for goods/services. While
`Applicant respectfully disagrees, Applicant addresses the Examining Attorney’s arguments below, and
`request