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)

---

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: 88212829

Filing Date: 11/30/2018

To the Commissioner for Trademarks:

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

The applicant, Equinox Holdings, Inc., a corporation of Delaware, having an address of
      895 Broadway
      New York, New York 10003
      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 009:  Downloadable software application for downloading recorded content for viewing on smartphones; downloadable software application for streaming audio and audiovisual content in the field of fitness training and instruction; downloadable software application for use by individuals participating in health, exercise, physical training and fitness classes in tracking athletic performance and receiving feedback on results; downloadable mobile application for receiving content and media used in connection with interactive audio and visual presentations of health, exercise, physical training, fitness and personal development on an interactive website; downloadable software application for fitness training, instruction and guided workouts; digital media, namely, downloadable audio and video recordings featuring fitness content, fitness training, fitness instruction and classes; pre-recorded digital audio and video files featuring fitness training and instruction; computers and downloadable software for monitoring and analyzing various parameters associated with the operation of a exercise equipment and for fitness training; downloadable software applications for use by individuals participating in exercise classes; wearable activity trackers; electronic monitors and sensors for monitoring athletic performance; Fitness training apparatus featuring electronic sensors and software to analyze distance, running speed, activity level, pace and elevation and electronically display results.
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 038:  Streaming of audio and audiovisual materials on the Internet; Streaming of audio and video materials on the Internet featuring physical fitness classes, training, and instruction; Video streaming services via the Internet, featuring fitness training and instruction; Video-on-demand transmission services.
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:  Providing non-downloadable playback of audio and audiovisual content featuring physical fitness classes, training and instruction via a global communications network; Providing fitness training services and online workout programs, namely, through a website also featuring information on physical fitness, weight training and exercise program; Providing on-line interactive health, exercise, fitness, physical training and personal development classes on an interactive website via mobile phones and Internet.
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1796108, 1900162, 1903842, and others.

The applicant's current Attorney Information:
      Keith W. Medansky and Mark I. Feldman, Hilary H. Remijas, Anthony E. Rufo, Michael A. Geller and Nicole Chaudhari of DLA Piper LLP (US)      P.O. Box 64807
      Chicago, Illinois 60664-0807
      United States
      312-368-4000(phone)
      312-236-7516(fax)
      ch.tm@dlapiper.com (authorized)
The attorney docket/reference number is 384416-8.

The applicant's current Correspondence Information:

Keith W. Medansky

DLA Piper LLP (US)

P.O. Box 64807

Chicago, Illinois 60664-0807

312-368-4000(phone)

312-236-7516(fax)

ch.tm@dlapiper.com;deanne.vannatta@dlapiper.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 $825 has been submitted with the application, representing payment for 3 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: /pt/   Date: 11/30/2018
Signatory's Name: Paul Tizik
Signatory's Position: Executive Vice President, Chief Financial Officer, Treasurer
Payment Sale Number: 88212829
Payment Accounting Date: 12/03/2018

Serial Number: 88212829
Internet Transmission Date: Fri Nov 30 17:33:42 EST 2018
TEAS Stamp: USPTO/BAS-XX.XXX.X.XX-201811301733421967
59-88212829-610f221770941995cd1bca39a5d6
090f93dc7d1be528827fcb4b8ac614d799b-DA-5
284-20181129175252541047