PR-Section 8 and 9

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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3392283
REGISTRATION DATE: 03/04/2008

MARK: EMPOWER

The owner, FITNESS EM, LLC, a limited liability company legally organized under the laws of Massachusetts, having an address of
      660 DOUGLAS STREET
      UXBRIDGE, Massachusetts 01569
      United States
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 009, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: DVDs featuring exercise instruction and routines; educational software featuring instruction in fitness training; pedometers ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Webpage featuring the mark and providing means to purchase product online.

Original PDF file:
SPN0-20916964184-20180228190536019032_._Class_9_Specimen_for_EMPOWER.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

For International Class 021, this filing does not cover this specific class. This entire class is to be permanently deleted from the registration.

For International Class 028, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Athletic, body building, physical fitness and exercise equipment, namely, abdominal exercise boards, weight benches, incline benches, weight lifting equipment and accessories, namely, barbell bars, barbells, dumbbell bars, dumbbells, hand grippers, resistance bands, jump ropes, head straps, exercise benches, personal exercise mats, weight plates and organizer for weight plates, dumbbell organizer; caddy that attaches to fitness equipment that holds water bottle and television remote control; exercise squeeze balls; stability balls; yoga mats and carry straps; yoga blocks; yoga straps; weighted balls; stair climbing machines; treadmills; stationary bicycles; elliptical machines; home gyms comprised of weight benches and weight training machines; ankle/wrist weights; and balance trainers, namely, balance boards and exercise platforms ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Webpage featuring the mark and providing means to purchase product online.

Original PDF file:
SPN2-20916964184-20180228190536019032_._Class_28_Specimen_for_EMPOWER.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
The registrant's current Attorney Information: William H. Brewster of  KILPATRICK TOWNSEND & STOCKTON LLP
      SUITE 2800
      1100 PEACHTREE STREET
      ATLANTA, Georgia 30309
      United States
The phone number is 404-815-6500.
The fax number is 404-815-6555.
The email address is tmadmin@kilpatricktownsend.com. (authorized)
The docket/reference number is 62649/399063.

The registrant's proposed Attorney Information: William H. Brewster of  KILPATRICK TOWNSEND & STOCKTON LLP
      MAILSTOP: IP DOCKETING - 22
      1100 Peachtree Street, Suite 2800
      ATLANTA, Georgia 30309-4528
      United States The docket/reference number is 62649/399063.
The Other Appointed Attorney(s): Alicia Grahn Jones, Jaclyn T. Shanks and the attorneys of Kilpatrick Townsend & Stockton LLP.

The phone number is 404-815-6500.
The fax number is 404-815-6555.
The email address is tmadmin@kilpatricktownsend.com. (authorized)
The registrant's current Correspondence Information: WILLIAM H. BREWSTER of  KILPATRICK TOWNSEND & STOCKTON LLP
      SUITE 2800
      1100 PEACHTREE STREET
      ATLANTA, Georgia 30309
      United States
The phone number is 404-815-6500.
The fax number is 404-815-6555.
The email address is tmadmin@kilpatricktownsend.com. (authorized)
The docket/reference number is 62649/399063.

The registrant's proposed Correspondence Information: WILLIAM H. BREWSTER of  KILPATRICK TOWNSEND & STOCKTON LLP
      MAILSTOP: IP DOCKETING - 22
      1100 Peachtree Street, Suite 2800
      ATLANTA, Georgia 30309-4528
      United States The docket/reference number is 62649/399063.

The phone number is 404-815-6500.
The fax number is 404-815-6555.
The email address is tmadmin@kilpatricktownsend.com. (authorized)

A fee payment in the amount of $850 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
	Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
	The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Jack E. Lacey/    Date: 03/01/2018
Signatory's Name: Jack E. Lacey
Signatory's Position: Chief Operating Officer

Mailing Address (current):
   KILPATRICK TOWNSEND & STOCKTON LLP
   1100 PEACHTREE STREET
   ATLANTA, Georgia 30309

Mailing Address (proposed):
   KILPATRICK TOWNSEND & STOCKTON LLP
   1100 Peachtree Street, Suite 2800
   ATLANTA, Georgia 30309-4528

Serial Number: 76640728
Internet Transmission Date: Thu Mar 01 12:04:21 EST 2018
TEAS Stamp: USPTO/S08N09-XXX.XXX.XX.XXX-201803011204
21105318-3392283-5103faefd48f8f77627cdf5
64de34bc59364cb611164033947729b376ba8f39
-CC-15104-20180228190536019032