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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 87958134

Filing Date: 06/12/2018

To the Commissioner for Trademarks:

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

The applicant, Sony Corporation, a corporation of Japan, having an address of
      1-7-1 Konan, Minato-ku
      Tokyo
      Japan

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:  Screens, terminals for operating and monitoring training and fitness apparatus and machines, for monitoring exercise carried out using the aforesaid machines and apparatus; computer program for data processing; downloadable computer software applications; sensors for training and fitness apparatus and machines for sensing exercise carried out using the aforesaid machines and apparatus; telecommunication machines and apparatus, namely, smartphones; application software for mobile phones and smartphones
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.

       International Class 028:  Machines and equipment for physical and gymnastic; treadmills, step simulators, rowing machines, cycle simulators for physical exercise and fitness; disc barbells (including those preloaded with weights), weights and dumb-bells for physical exercise and fitness; machines and apparatus for physical, gymnastic and sporting exercises and fitness; apparatus for gymnastics; body training apparatus; manually-operated exercise equipment; electrically powered or electrically controlled fitness apparatus; fitness exercise machines; indoor fitness apparatus; ergometers of all kinds, in particular electrically operated and electrically controlled fitness apparatus
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.

       International Class 041:  Exercise training services; physical training services; tuition in physical fitness; physical fitness instruction for adults and children; organization of gymnastic/sports events, sporting competitions and events in the sectors of gymnastics, sport and muscle rehabilitation; rental of sports or exercise equipment; gymnasiums and gymnastics/sports centers; online social networking services in the field 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.

       International Class 042:  Computer programming for operating and controlling training and fitness apparatus and machines, for monitoring exercise carried out using the aforesaid machines and apparatus; consultancy regarding the planning of exercise and fitness program; software customization services; software as a service; hosting services and software as a service and rental of software; server hosting
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:
      Robert B.G. Horowitz, Esq. and Lesley McCall Grossberg, Esq., Kevin M. Wallace, Esq., Jessica H. Watkins, Esq. of Baker & Hostetler LLP      45 Rockefeller Plaza, 14th Floor
      New York, New York 10111
      United States
      212-589-4200(phone)
      212 589-4201(fax)
      bhipdocket@bakerlaw.com (authorized)
The attorney docket/reference number is 041279.3146.

The applicant hereby appoints Robert B.G. Horowitz, Esq. of Baker & Hostetler LLP
      45 Rockefeller Plaza, 14th Floor
      New York New York 10111
      United States
      212-589-4200(phone)
      212 589-4201(fax)
      bhipdocket@bakerlaw.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Robert B.G. Horowitz, Esq.

Baker & Hostetler LLP

45 Rockefeller Plaza, 14th Floor

New York, New York 10111

212-589-4200(phone)

212 589-4201(fax)

bhipdocket@bakerlaw.com;rhorowitz@bakerlaw.com; jcupito@bakerlaw.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 $1100 has been submitted with the application, representing payment for 4 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: /Robert B.G. Horowitz/   Date: 06/12/2018
Signatory's Name: Robert B.G. Horowitz
Signatory's Position: Applicant's Attorney of record, a New York State bar member
Payment Sale Number: 87958134
Payment Accounting Date: 06/12/2018

Serial Number: 87958134
Internet Transmission Date: Tue Jun 12 09:44:35 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2018061209443515
2554-87958134-61092448a2e1df1b3992299b68
a90423732658474cda1fcd342a3bc688330a72a-
DA-9809-20180612093704774550