TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86957042

Filing Date: 03/29/2016

To the Commissioner for Trademarks:

MARK: MYPROTEIN (Standard Characters, see mark)
The literal element of the mark consists of MYPROTEIN.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, The Hut.com Limited, a limited liability company legally organized under the laws of United Kingdom, having an address of
      Meridian House
      Rudheath, Gadbrook Park
      Northwich, Cheshire CW97RA
      United Kingdom

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, for the following:

       International Class 018:  Articles of leather or imitation leather; bags, rucksacks, gym bags, all-purpose sports bags, athlete bags, back packs, beach bags, book bags, duffel bags, tote bags, boot bags for travel, drawstring bags, barrel bags, satchels, hand bags, brief cases, wallets, purses, coin purses, fanny packs, knapsacks, waist packs, umbrellas, parasols
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 015264377, filed 03/23/2016.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on §44(e) as a basis for registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 024:  Textile articles; bed linen, duvet covers, pillow cases, sheets, blankets; table linen, table cloths, napkins; handkerchiefs; curtains, blinds; flags; towels, beach towels, gym towels, bath towels, hand-towels, golf towels, hooded towels, bathroom towels; textile wall hangings; carpets, rugs; face towels, tea towels, flannels; place mats; silk fabrics
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 015264377, filed 03/23/2016.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on §44(e) as a basis for registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 025:  Clothing; footwear; headgear; articles of sports clothing, sports footwear and sports headgear; athletic uniforms, warm-up suits, jogging suits, tops, tank tops, vests, shirts, T-shirts, sweatshirts, jackets, hoodies, sleeveless hoodies, pullovers, coats, raincoats, pants, trousers, shorts, rainwear, bras, sports bras, tights, athletic tights, leggings, sweatpants, yoga pants, blouses, dresses, skirts, suspenders, sweaters, shoes, boots, sneakers, sandals, booties, slipper socks, swimwear, scarves, dressing gowns, boxer shorts, socks; hats, caps, sun visors, beanie hats, bandanas, sleepwear, pyjamas, slippers, underwear, lingerie, wrist bands, sweatbands, head bands, ties, robes, gloves, belts
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 015264377, filed 03/23/2016.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on §44(e) as a basis for registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 028:  Games and playthings; gymnastic and sporting articles, equipment and apparatus not included in other classes; exercise and fitness apparatus and instruments; body-training apparatus and instruments; body rehabilitation apparatus and instruments; yoga equipment and apparatus; bags specially adapted for sports equipment; bags adapted to carry sports implements; exercise balls, exercise mats, wheels for body rolling, exercise ropes, dumb-bells, barbells, kettle-bells, wrist weights, resistance cables, resistance bands, straps for weightlifting and exercise, foam rollers, belts for weightlifting, chalk for weightlifting, barbell and dumbbell attachments for altering grip size
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 015264377, filed 03/23/2016.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on §44(e) as a basis for registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      Donna L. Mirman and Marc P. Misthal; Jeffrey M. Kaden; Maria A. Savio of Gottlieb, Rackman & Reisman, P.C.      270 Madison Avenue
      New York, New York 10016
      United States
      212 684-3900(phone)
      efiling@grr.com (authorized)

The applicant's current Correspondence Information:

Donna L. Mirman

Gottlieb, Rackman & Reisman, P.C.

270 Madison Avenue

New York, New York 10016

212 684-3900(phone)

efiling@grr.com;dmirman@grr.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $1100 has been submitted with the application, representing payment for 4 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive. 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 any registration resulting therefrom, 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.

Declaration Signature

Signature: /DM/   Date: 03/29/2016
Signatory's Name: Donna Mirman
Signatory's Position: Attorney and Authorized Agent
RAM Sale Number: 86957042
RAM Accounting Date: 03/30/2016

Serial Number: 86957042
Internet Transmission Date: Tue Mar 29 17:57:24 EDT 2016
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2016032917572415
4524-86957042-5506852209c3f62fd9ca2e91f0
d082cf3a6f31a8bbfe19a03475dc3c2829b1ae7f
-ET-19383-20160329164353138682