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: 88005225

Filing Date: 06/18/2018

To the Commissioner for Trademarks:

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

The applicant, Fanatics, Inc., a corporation of Delaware, having an address of
      8100 Nations Way
      Jacksonville, Florida 32256
      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 035:  Arranging and conducting incentive reward programs to promote the sale of sports merchandise and apparel featuring a program offering customers a replacement, refund, discount on future purchases, and/or other benefits in the event that a consumer no longer wants to retain ownership of previously purchased item of sports merchandise or sports apparel; Providing incentive award programs for customers in the nature of a program offering customers a replacement, refund, discount on future purchases, and/or other benefits in the event that a consumer no longer wants to retain ownership of previously purchased item of sports merchandise or sports apparel; Administration of a customer loyalty program for sports merchandise and sports apparel which provides a replacement, refund, discount on future purchases, and/or other benefits in the event that a consumer no longer wants to retain ownership of a previously purchased item of sports merchandise or sports apparel; Consumer loyalty services for commercial, promotional, and/or advertising purposes, namely, administration of a program offering customers a replacement, refund, discount on future purchases, and/or other benefits in the event that a consumer no longer wants to retain ownership of previously purchased item of sports merchandise or sports apparel

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 09/00/2017, and first used in commerce at least as early as 09/00/2017, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) page from website.
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5210048, 3447091, and 3891735.

The applicant's current Attorney Information:
      Daniel S. Marks and the firm of Morgan, Lewis & Bockius LLP, RON N. DREBEN, KAREN A. BUTCHER, ANITA B. POLOTT, CAROLE R. KLEIN, JOSEPH E. WASHINGTON, KRISTIN H. ALTOFF, DANA S. GROSS, DANIEL S. MARKS, JORDANA S. RUBEL, JANE W. WISE, SETH A. RAPPAPORT and CONSTANCE BOUTSIKARIS, members of the District of Columbia Bar and RACHEL FERTIG, member of the New York Bar, all located at 1111 Pennsylvania Ave., NW, Washington, D.C. 20004, ROCHELLE D. ALPERT, CARLA B. OAKLEY and SHARON R. SMITH, members of the California Bar, PETER BYRNE, member of the California Bar and Massachusetts Bar, and GENE K. PARK, member of the District of Columbia Bar, all located at One Market, Spear Street Tower, San Francisco, California 94105, ANDREW J. GRAY IV, member of the California Bar, located at 1400 Page Mill Road, Palo Alto, California 94304, and RACHELLE A. DUBOW, DAVID O. JOHANSON and SARAH PAIGE, members of the Massachusetts Bar, all located at One Federal Street, Boston, Massachusetts 02110, all of whom should receive correspondence and documents related to this application through the offices of Morgan, Lewis & Bockius LLP of Morgan, Lewis & Bockius LLP
      Attn: TMSU
      1111 Pennsylvania Avenue, NW
      Washington, District of Columbia 20004
      United States
      202-739-5545(phone)
      202.739.3001(fax)
      trademarks@morganlewis.com (authorized)
The attorney docket/reference number is 011558-0066.

The applicant's current Correspondence Information:

Daniel S. Marks

Morgan, Lewis & Bockius LLP

Attn: TMSU       1111 Pennsylvania Avenue, NW

Washington, District of Columbia 20004

202-739-5545(phone)

202.739.3001(fax)

trademarks@morganlewis.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: /Chris Orton/   Date: 06/15/2018
Signatory's Name: Chris Orton
Signatory's Position: Co-President DTC
Payment Sale Number: 88005225
Payment Accounting Date: 06/19/2018

Serial Number: 88005225
Internet Transmission Date: Mon Jun 18 23:43:36 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20180618234336241
023-88005225-610a2394d94ab6edd9da8172e41
2381cedc131a34dcec328a45d6428d8db197194-
DA-6996-20180611154919712653