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: 87496178

Filing Date: 06/19/2017

To the Commissioner for Trademarks:

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

The applicant, Les Mills International Limited, a limited liability company legally organized under the laws of New Zealand, having an address of
      22 Centre Street
      Auckland 1010
      New Zealand
      XXXX

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 041:  Recreation services in the nature of producing and conducting fitness and exercise classes; Training services, namely, providing classes, seminars, programs, courses, workshops and conferences in the fields of health, nutrition and physical fitness; Sporting activities, namely organization of fitness and exercise classes; Education services namely, providing instruction and advice with respect to fitness exercise classes; Producing and conducting exercise to music classes and programmes; Gymnasium services; Health club services and fitness club services, namely providing classes, instruction and equipment for physical exercise; Exercise instruction, advisory and training services; Sports tuition, namely coaching and instruction in the field of exercise, health and physical fitness; Advisory and consultancy services in the fields of recreation activities, physical fitness training, exercise classes and instruction; Publication of printed matter with respect to fitness and health club related programs and training materials; Publication of electronic media, namely, publication of music and video and audio visual resources with respect to fitness and health club related programs and training materials in digital format; Publishing on-line electronic publications in the field of fitness, health and sport, over the Internet

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 New Zealand application number 1069344, filed 06/19/2017.
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 Correspondence Information:

Les Mills International Limited

Les Mills International Limited

22 Centre Street

Auckland 1010, New Zealand

carina.barnett@lesmills.com (authorized)

A fee payment in the amount of $400 has been submitted with the application, representing payment for 1 class(es).

Declaration

	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.

Declaration Signature

Signature: /CARINA BARNETT/   Date: 06/20/2017
Signatory's Name: Carina Barnett
Signatory's Position: Legal Counsel
Payment Sale Number: 87496178
Payment Accounting Date: 06/20/2017

Serial Number: 87496178
Internet Transmission Date: Mon Jun 19 18:12:32 EDT 2017
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20170619181232
980044-87496178-590872ee1ade77494cc49261
a8e8438aaeb483b14f3450bfeba9632e2193a82d
-CC-5558-20170619180724910259