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: 87326196

Filing Date: 02/06/2017

To the Commissioner for Trademarks:

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

The applicant, MAD Apparel, Inc., a corporation of Delaware, having an address of
      201 Arch Street
      Redwood City, California 94062
      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, for the following:

       International Class 009:  Software for fitness and athletic training, namely, software for tracking, monitoring, and planning fitness and athletic training activities; software for the collection, storage, and display of personal fitness and athletic performance data; and software to communicate and receive fitness and athletic information, performance data, and training activities.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/23/2015, and first used in commerce at least as early as 03/23/2015, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshot of available application to download from App Store..
Specimen File1


The applicant's current Attorney Information:
      Kelly R. Preece of Keller Jolley Preece
      Suite 210
      1010 North 500 East
      North Salt Lake City, Utah 84054
      United States
      8012033546(phone)
      kpreece@kjpip.com (authorized)
The attorney docket/reference number is 20025.27.

The applicant's current Correspondence Information:

Kelly R. Preece

Keller Jolley Preece

Suite 210       1010 North 500 East

North Salt Lake City, Utah 84054

8012033546(phone)

kpreece@kjpip.com;docketing@kjpip.com;tmeid@kjpip.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use 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 The facts set forth in the application are true. If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and The facts set forth in the application are true.
	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.
	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 the application or submission or any registration resulting therefrom, declares 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: /Christopher Wiebe/   Date: 02/06/2017
Signatory's Name: Christopher Wiebe
Signatory's Position: Chief Technology Officer
Payment Sale Number: 87326196
Payment Accounting Date: 02/07/2017

Serial Number: 87326196
Internet Transmission Date: Mon Feb 06 20:35:39 EST 2017
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20170206203539691
147-87326196-580ad99d9f45d7e43d81a576c55
e793984ccae56135131dd4c709da59b38842d52-
CC-7493-20170206182852280499