Application

PTO Form 1480 (Rev 9/2006)

OMB No. 0651-0009 (Exp. 12/31/2014)

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PTO Form 1480 (Rev 9/2006)

OMB No. 0651-0009 (Exp. 12/31/2014)

Certification Mark Form, Principal Register

Serial Number: 86148492

Filing Date: 12/19/2013

To the Commissioner for Trademarks:

MARK: IFIT (stylized and/or with design, see mark)

The literal element of the mark consists of IFIT.
The mark consists of an shaded oval containing the letters "IFIT" with a representation of a person forming the "i".
The applicant, Nutrasource Diagnostics Inc., a corporation of Canada, having an address of
      120 Research Lane, Suite 203
      Guelph, Ontario N1G0B4
      Canada


requests registration of the Certification 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, for the following:

       International Class A:  sports and fitness supplements

Use in Commerce: The applicant has a bona fide intention to exercise legitimate control over the use of the certification mark in commerce by its authorized persons on or in connection with the identified goods/services (15 U.S.C. Sections 1051(b) and 1054). Applicant will not be engaged in the production or marketing of the goods or services to which the mark is applied. Applicant will later provide with the filing of an Allegation of Use (Amendment to Allege Use/Statement of Use) a COPY OF STANDARDS the applicant will use to determine whether goods or services will be certified.

Applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members on or in connection with the above identified goods/services (15 U.S.C. Section 1054), and asserts a claim of priority based on Canada application number 1635654, filed 07/17/2013. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
Certification Statement: The wares have been tested by the IFIT program for purity and concentration of labelled active ingredients including a proximate analysis of nutritional facts and found to comply with the following standards. The Microbial Analysis, Mercury, Heavy Metals, Residual Solvents, Banned Substances and GMO (Genetically Modified Organisms) are in accordance with the Council for Responsible Nutrition, the World Health Organization, the European Food Safety Authority, the Dieticians of Canada and safety standards for human consumption. The active ingredient concentration and proximate analysis of nutritional facts are in accordance with the product label claim.



The applicant's current Attorney Information:
      Timothy J. Sinnott of BERESKIN & PARR LLP/S.E.N.C.R.L., s.r.l.
      40th floor
      40 King street West
      Toronto, Ontario M5H3Y2
      Canada.
The attorney docket/reference number is 15219-34-TM88416US00

The applicant hereby appoints Sughrue Mion, PLLC of Sughrue Mion, PLLC
      NW Suite 800
      2100 Pennsylvania Avenue
      Washington District of Columbia 20037-3213
      United States
representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Timothy J. Sinnott

BERESKIN & PARR LLP/S.E.N.C.R.L., s.r.l.

40th floor       40 King street West

Toronto, Ontario M5H3Y2, Canada

416-957-1694(phone)

416-361-1398(fax)

tsinnott@bereskinparr.com (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 may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the certification mark sought to be registered, or, if the form is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to exercise legitimate control over use of the 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 and/or 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.

Declaration Signature

Signature: Not Provided    Date: Not Provided
Signatory's Name: Mike Wlodek
Signatory's Position: Chief Financial Officer, Nutrasource Diagnostics Inc.
RAM Sale Number: 86148492
RAM Accounting Date: 12/20/2013

Serial Number: 86148492
Internet Transmission Date: Thu Dec 19 15:28:38 EST 2013
TEAS Stamp: USPTO/CTM-XX.XX.XXX.XX-20131219152838739
831-86148492-500125ba4c287bc86207bb91e07
748cc95b2d8601ec938a163994e55eac50276a-D
A-2583-20131219141338044478