Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77270896

Filing Date: 09/04/2007

To the Commissioner for Trademarks:

MARK: Spiritual design and phrase that literally means find your happy place. wherever that may be. (stylized and/or with design, see mark)

The literal element of the mark consists of Spiritual design and phrase that literally means find your happy place. wherever that may be..
The color(s) three color design that changes is/are claimed as a feature of the mark. The mark consists of The mark is a spiral with an arrow a heart and the words find your happy place. It is not color specific and we change the colors periodically. Teh design is always three colors: 1. the heart 2. the arrow 3. the words.
The applicant, Heather Lee Battey, Spiritual Fitness WEar, a limited liability company legally organized under the laws of California, having an address of
      26672 Venado Drive
      Mission Viejo, California 92691
      United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended.

       International Class _______: to be printed on t-shirts, thermals, jakcets, pants, capris, shorts, tank tops, workout attire, bras, undies, socks, skirts, capris, sweatshirts, longleeve tees, knitted garment dyed womens girls and babies apparel

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, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class _______, the mark was first used at least as early as 02/01/2005, and first used in commerce at least as early as 02/01/2005, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) WE currently print our "find your happy place design" on all of our garments that are made by SPiritual Fitness Wear.
Specimen File1



Concurrent use information. We print this design on tees, tanks, thermals, hats, pants, capris, jackts, dresses, skirts, knitted material, all apparel and is sold throughout the United States
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:
JPG file(s):
2(f) evidence-1
2(f) evidence-2
Original PDF file:
e2f-684247112-131244283_._sale_of_Find_your_Happy_Place.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1

WE have been selling this design along with several others under our Registered company name :Spiritual Fitness Wear" Serial # 78121615 and Registration # 2686713 This design has been selling in the market place since 2005.

Correspondence Information:	Heather Lee Battey
	26672 Venado Drive
	Mission Viejo, California 92691
	949-582-2978(phone)
	310-861-5911(fax)
	heatherbruceb@cox.net (authorized)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /Heather Battey/   Date Signed: 09/04/2007
Signatory's Name: Heather Lee Battey
Signatory's Position: Owner/Designer



RAM Sale Number: 6888
RAM Accounting Date: 09/04/2007

Serial Number: 77270896
Internet Transmission Date: Tue Sep 04 13:52:23 EDT 2007
TEAS Stamp: USPTO/BAS-XX.X.XXX.XXX-20070904135223614
560-77270896-3804cee7a9198c6b5acde233e76
620a3-CC-6888-20070904131244283574