Trademark/Service Mark Application, Principal Register

MARK INFORMATION
Input Field	Entered
SERIAL NUMBER	87453266
*MARK	\\TICRS\EXPORT17\IMAGEOUT 17\874\532\87453266\xml1\ RFA0002.JPG
SPECIAL FORM	YES
USPTO-GENERATED IMAGE	NO
LITERAL ELEMENT	FLY
COLOR MARK	NO
*DESCRIPTION OF THE MARK (and Color Location, if applicable)	The mark consists of the term "FLY" in stylized letters superimposed over a circle which extends from the vertical line of the "L," with the top of the "F" extending to and connecting with the top of the "L" and the right branch of the "Y" extending above the other letters and breaking the plane of and extending beyond the circle.
PIXEL COUNT ACCEPTABLE	YES
PIXEL COUNT	379 x 250
REGISTER	Principal
APPLICANT INFORMATION
*OWNER OF MARK	Flywheel Sports, Inc.
*STREET	53 W. 23rd Street, 9th Floor
*CITY	New York
*STATE (Required for U.S. applicants)	New York
*COUNTRY	United States
*ZIP/POSTAL CODE (Required for U.S. and certain international addresses)	10011
LEGAL ENTITY INFORMATION
TYPE	corporation
STATE/COUNTRY OF INCORPORATION	Delaware
GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS	009
*IDENTIFICATION	Downloadable computer application software for mobile phones, namely, software for purchasing, scheduling, and checking into exercise classes, and for tracking exercise class performance data; computer software and hardware that measures, generates and displays RPM, speed, distance, resistance, and power results of indoor cyclists
FILING BASIS	SECTION 1(a)
FIRST USE ANYWHERE DATE	At least as early as 03/01/2016
FIRST USE IN COMMERCE DATE	At least as early as 03/01/2016
SPECIMEN FILE NAME(S)
ORIGINAL PDF FILE	SPE0-723718058-20170508190556953207_._FLY_009_specimen.pdf
CONVERTED PDF FILE(S) (1 page)	\\TICRS\EXPORT17\IMAGEOUT17\874\532\87453266\xml1\RFA0003.JPG
ORIGINAL PDF FILE	SPE0-723718058-20170508190556953207_._FLY_009_041_042_specimen.pdf
CONVERTED PDF FILE(S) (1 page)	\\TICRS\EXPORT17\IMAGEOUT17\874\532\87453266\xml1\RFA0004.JPG
SPECIMEN DESCRIPTION	Screenshots of iTunes App Store description, applicant website bearing applied-for mark as used in connection with the described goods
INTERNATIONAL CLASS	025
*IDENTIFICATION	Fitness apparel, namely, shirts, pants, shorts, hats, jackets, footwear
FILING BASIS	SECTION 1(a)
FIRST USE ANYWHERE DATE	At least as early as 03/01/2016
FIRST USE IN COMMERCE DATE	At least as early as 03/01/2016
SPECIMEN FILE NAME(S)	\\TICRS\EXPORT17\IMAGEOUT 17\874\532\87453266\xml1\ RFA0005.JPG
	\\TICRS\EXPORT17\IMAGEOUT 17\874\532\87453266\xml1\ RFA0006.JPG
	\\TICRS\EXPORT17\IMAGEOUT 17\874\532\87453266\xml1\ RFA0007.JPG
SPECIMEN DESCRIPTION	Photographs of representative apparel, retail tag bearing applied-for mark
INTERNATIONAL CLASS	035
*IDENTIFICATION	Retail store services featuring fitness apparel
FILING BASIS	SECTION 1(a)
FIRST USE ANYWHERE DATE	At least as early as 03/01/2016
FIRST USE IN COMMERCE DATE	At least as early as 03/01/2016
SPECIMEN FILE NAME(S)	\\TICRS\EXPORT17\IMAGEOUT 17\874\532\87453266\xml1\ RFA0008.JPG
	\\TICRS\EXPORT17\IMAGEOUT 17\874\532\87453266\xml1\ RFA0009.JPG
SPECIMEN DESCRIPTION	Photograph of retail tag bearing applied for mark, photograph of representative retail store showing applied-for mark as used on outdoor signage
INTERNATIONAL CLASS	041
*IDENTIFICATION	Providing fitness and exercise studio services, namely, indoor cycling instruction, personal training, exercise classes, and group physical fitness classes; counseling services in the field of exercise
FILING BASIS	SECTION 1(a)
FIRST USE ANYWHERE DATE	At least as early as 03/01/2016
FIRST USE IN COMMERCE DATE	At least as early as 03/01/2016
SPECIMEN FILE NAME(S)
JPG FILE(S)	\\TICRS\EXPORT17\IMAGEOUT 17\874\532\87453266\xml1\ RFA0011.JPG
ORIGINAL PDF FILE	SPE0-1-723718058-20170508190556953207_._FLY_009_041_042_specimen.pdf
CONVERTED PDF FILE(S) (1 page)	\\TICRS\EXPORT17\IMAGEOUT17\874\532\87453266\xml1\RFA0010.JPG
SPECIMEN DESCRIPTION	Screenshot of website describing services provided under applied-for mark; photograph of fitness and exercise studio bearing applied-for mark on outdoor signage
INTERNATIONAL CLASS	042
*IDENTIFICATION	Electronic tracking, monitoring, and reporting of performance of cyclists, namely, RPM, resistance, speed, mileage, calories burned, current power and total power results, using computer technology
FILING BASIS	SECTION 1(a)
FIRST USE ANYWHERE DATE	At least as early as 03/01/2016
FIRST USE IN COMMERCE DATE	At least as early as 03/01/2016
SPECIMEN FILE NAME(S)
ORIGINAL PDF FILE	SPE0-2-723718058-20170508190556953207_._FLY_009_041_042_specimen.pdf
CONVERTED PDF FILE(S) (1 page)	\\TICRS\EXPORT17\IMAGEOUT17\874\532\87453266\xml1\RFA0012.JPG
SPECIMEN DESCRIPTION	Screenshot of applicant website describing services provided under applied-for mark
ADDITIONAL STATEMENTS SECTION
ACTIVE PRIOR REGISTRATION(S)	The applicant claims ownership of active prior U.S. Registration Number(s) 4203459, 4225193, 4217593, and others.
ATTORNEY INFORMATION
NAME	Bethany Stevens
FIRM NAME	Walker Stevens Cannom Yang LLP
STREET	500 Molino Street #118
CITY	Los Angeles
STATE	California
COUNTRY	United States
ZIP/POSTAL CODE	90013
PHONE	2133374551
FAX	2134034906
EMAIL ADDRESS	bstevens@wscylaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL	Yes
CORRESPONDENCE INFORMATION
NAME	Bethany Stevens
FIRM NAME	Walker Stevens Cannom Yang LLP
STREET	500 Molino Street #118
CITY	Los Angeles
STATE	California
COUNTRY	United States
ZIP/POSTAL CODE	90013
PHONE	2133374551
FAX	2134034906
*EMAIL ADDRESS	bstevens@wscylaw.com; hcannom@wscylaw.com
*AUTHORIZED TO COMMUNICATE VIA EMAIL	Yes
FEE INFORMATION
APPLICATION FILING OPTION	TEAS RF
NUMBER OF CLASSES	5
APPLICATION FOR REGISTRATION PER CLASS	275
*TOTAL FEE DUE	1375
*TOTAL FEE PAID	1375
SIGNATURE INFORMATION
SIGNATURE	/Bethany Stevens/
SIGNATORY'S NAME	Bethany Stevens
SIGNATORY'S POSITION	Attorney of record, CA bar member
SIGNATORY'S PHONE NUMBER	2133374551
DATE SIGNED	05/17/2017

	Basis: 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 To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or 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 To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	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 all statements made on information and belief are believed to be true.

Trademark/Service Mark Application, Principal Register

The table below presents the data as entered.

Trademark/Service Mark Application, Principal Register

To the Commissioner for Trademarks: