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)

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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 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: ADVAGYM(Standard Characters, see http://uspto.report/TM/87958134/mark.png)
SERIAL NUMBER: 87958134


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Sony Corporation, having an address of
      1-7-1 Konan, Minato-ku
      Tokyo,
      Japan
Proposed: Sony Corporation, having an address of
      1-7-1 Konan, Minato-ku
      Tokyo, 108-0075
      Japan
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: 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 for tracking exercise statistics; 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 for tracking exercise statistics; ergometers not for medical purposes, in particular electrically operated and electrically controlled fitness apparatus

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: 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 for tracking exercise statistics; telecommunication machines and apparatus, namely, smartphones; ergometers not for medical purposes, in particular electrically operated and electrically controlled fitness apparatus

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: sensors for training and fitness apparatus and machines for sensing exercise carried out using the aforesaid machines and apparatus; application software for mobile phones and smartphones for tracking exercise statistics
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/21/2020, and first used in commerce at least as early as 04/21/2020, 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) a photograph of a sensor for training and fitness apparatus and machines for sensing exercise that shows the mark thereon.
Specimen File1


For International Class 028:
Current identification: Machines and equipment for physical fitness and gymnastic purposes; treadmills, aerobic step simulating machines, rowing machines, and cycle simulating machines 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

All ITU goods/services in this class are to be deleted


For International Class 041:
Current identification: Exercise training services; physical fitness training services; tuition, namely, tutoring in physical fitness; physical fitness instruction for adults and children; rental of sports or exercise equipment; providing gymnasiums and gymnastics and sports centers

All ITU goods/services in this class are to be deleted


For International Class 042:
Current identification: 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; server hosting

All ITU goods/services in this class are to be deleted


For International Class 045:
Current identification: Online social networking services in the field of fitness and exercise

All ITU goods/services in this class are to be deleted


The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      ROBERT B.G. HOROWITZ, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: bhipdocket@bakerlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhorowitz@bakerlaw.com; jcupito@bakerlaw.com
Correspondence Information (proposed):
      Robert B.G. Horowitz, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: bhipdocket@bakerlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhorowitz@bakerlaw.com; jcupito@bakerlaw.com

The docket/reference number is 041279.3146.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Robert B.G. Horowitz/      Date Signed: 04/28/2020
Signatory's Name: Robert B.G. Horowitz
Signatory's Position: Attorney for Applicant, a New York State Bar member
Signatory's Phone: 212 589-4200

RAM Sale Number: 87958134
RAM Accounting Date: 04/28/2020

Serial Number: 87958134
Internet Transmission Date: Tue Apr 28 19:45:45 ET 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2020042819454517
2068-87958134-710fd832213b8d4482e36777c8
0c54284a379edfc0e44332f8f882a52b6c14ecf2
-DA-45440960-20200428193302706281