Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

---

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: DISCOVER THE EXOS FACTOR(Standard Characters, see http://uspto.report/TM/87629235/mark.png)
SERIAL NUMBER: 87629235



The applicant, Athletes' Performance, Inc., having an address of
      2629 E. Rose Garden Lane
      Phoenix, Arizona 85050
      United States
is submitting the following allegation of use information:

For International Class 041:
Current identification: 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

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/01/2018, and first used in commerce at least as early as 03/01/2018, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Specimen depicting use of the DISCOVER THE EXOS FACTOR by Athletes' Performance, Inc. in connection with facilities for physical fitness training; Providing physical fitness instruction; educational services in the field of health and physical fitness; and, consulting services in the fields of fitness and exercise..

Original PDF file:
SPN0-10721316769-20180424081336526642_._DISCOVER_THE_EXOS_FACTOR_Specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Vanessa Backman/      Date Signed: 04/24/2018
Signatory's Name: Vanessa Backman
Signatory's Position: Attorney of Record, Oregon bar member
Signatory's Phone: 971-270-8288

RAM Sale Number: 87629235
RAM Accounting Date: 04/24/2018

Serial Number: 87629235
Internet Transmission Date: Tue Apr 24 08:27:41 EDT 2018
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-201804240827417
60834-87629235-510902ee77dcd3165e261e588
f672ccb887a2ee8c764ad547aad8172f7b07277-
CC-12266-20180424081336526642