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: 88059942

Filing Date: 07/31/2018

To the Commissioner for Trademarks:

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

The applicant, American Council on Exercise, a non-profit corporation legally organized under the laws of California, having an address of
      4851 Paramount Drive
      San Diego, California 92123
      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 025:  Clothing, namely, T-shirts, polo shirts, tank tops, sweat shirts, sweat pants, shorts, jackets, cover-ups and head wear

In International Class 025, 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 05/01/1991, and first used in commerce at least as early as 05/01/1991, 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) images showing the mark embroidered on several different shirts.
Specimen File1
Specimen File2
Specimen File3


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1898868 and 4275983.

The applicant's current Attorney Information:
      Mark I. Reichenthal and David P. Branfman, Steven Mashal of Branfman Law Group, P.C.      708 Civic Center Drive
      Oceanside, California 92054
      United States
      760-637-2400(phone)
      760-687-7421(fax)
      mark@branfman.com (authorized)

The applicant's current Correspondence Information:

Mark I. Reichenthal

Branfman Law Group, P.C.

708 Civic Center Drive

Oceanside, California 92054

760-637-2400(phone)

760-687-7421(fax)

mark@branfman.com;Steven.Mashal@acefitness.org (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: /Mark I. Reichenthal/   Date: 07/31/2018
Signatory's Name: Mark I. Reichenthal
Signatory's Position: Attorney for Applicant, Member of State Bar of California
Payment Sale Number: 88059942
Payment Accounting Date: 08/01/2018

Serial Number: 88059942
Internet Transmission Date: Tue Jul 31 16:50:05 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201807311650057
17452-88059942-610a9b24e13375e6a7e40fb6a
531062426b55fedd0f5d7998966c432166b3998b
-CC-4116-20180731164613363285