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: 87629235

Filing Date: 09/30/2017

To the Commissioner for Trademarks:

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

The applicant, Athletes' Performance, Inc., a corporation of Delaware, having an address of
      2629 E. Rose Garden Lane
      Phoenix, Arizona 85050
      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 041:  Providing facilities for physical fitness training; Providing physical fitness instruction; Educational services, namely, conducting personal training in the field of health and physical fitness; Consulting services in the fields of fitness and exercise.
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.


The applicant's current Attorney Information:
      Vanessa Backman      19363 Willamette Drive, #228
      West Linn, Oregon 97068
      United States
      trademarks@andrabrand.com (authorized)

The applicant's current Correspondence Information:

Vanessa Backman

19363 Willamette Drive, #228

West Linn, Oregon 97068

trademarks@andrabrand.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

	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: /Vanessa Backman/   Date: 09/30/2017
Signatory's Name: Vanessa Backman
Signatory's Position: Attorney of Record, Oregon bar member
Payment Sale Number: 87629235
Payment Accounting Date: 10/02/2017

Serial Number: 87629235
Internet Transmission Date: Sat Sep 30 08:32:18 EDT 2017
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201709300832182
65639-87629235-5103cfc7dbaae110b6dcbc528
b8f515550d81a71f9e9547cdfb403b5ffb7123a8
-CC-12166-20170930081721500026