Notice of Allowance

LADDER

Milton Finch, Inc.

Official USPTO Notice of Allowance: U.S. Trademark SN 88248469: LADDER: Docket/Reference No. 178011.00007


From: TMOfficialNotices@USPTO.GOV
Sent: Tuesday, September 15, 2020 00:07 AM
To: ipdocket@foxrothschild.com
Cc: mleonard@foxrothschild.com
Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 88248469: LADDER: Docket/Reference No. 178011.00007



NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Sep 15, 2020

U.S. Serial Number:   88248469
Mark:   LADDER
Docket/Reference Number:  178011.00007

No opposition was filed for this published application.  The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request).  WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue.  Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either:
   - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally);  OR
   - An Extension Request, if the applicant is not yet using the mark in commerce.  If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed.  The applicant may file a total of five (5) extension requests.  WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued.  The deadline for filing is always calculated from the issue date of the NOA.

How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS).  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.  Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.  If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.gov.uspto.report/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit.  Please use the "Post-Publication Amendment" form under the "POST-APPROVAL/PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) AMENDMENT FORMS" category, available at http://www.gov.uspto.report/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa.  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.

Serial Number: 88248469
Mark: LADDER
Docket/Reference Number: 178011.00007
Owner: Milton Finch, Inc.
510 E St Elmo Rd
A3
Austin , TEXAS   78745

Correspondence Address: Michael J. Leonard
FOX ROTHSCHILD LLP
997 LENOX DRIVE, BLD
LAWRENCEVILLE NJ 08648-2311


This application has the following bases, but not necessarily for all listed goods/services:
Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

035 - On-line matching services for connecting individuals seeking gym memberships with gym service providers; arranging and conducting incentive reward programs to promote the sale of gymnasium and fitness center memberships of others; retail store services and online retail store services featuring fitness center and gym memberships in the fitness center and gyms of others; retail services through direct solicitation by salespersons directed to end-users featuring both consumers and health plan and employer group administrators and featuring fitness center and gym memberships of others; preparation business reports and compilation of business data relating to finance, sales, customer engagement, research and development, running and operating websites, and gym and fitness center memberships of others; providing a website featuring matching services for connecting consumers with professionals in the field of personal fitness; on-line matching services for connecting individuals seeking personal fitness trainers with professional fitness trainers -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
041 - Education services, namely, training fitness instructors in the field of personal training ; educational services, namely, providing training of fitness instructors for certification in the field of exercise and fitness training; providing fitness training services in the field of educating physical fitness instructors; educational services, namely, providing training of personal coaches for certification in the fields of food, health, nutrition, fitness, performance, success, self-improvement, and lifestyle wellness; educational services, namely, providing training of personal coaches for certification in the field of coaching -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
042 - Software as a service (SAAS) services featuring software that enables users to locate and search for gymnasiums, fitness centers, and other fitness and workout related information, products and services; software as a service (SAAS) services featuring software that provides web-based access to applications and services through a web operating system or portal interface relating to gymnasiums, fitness centers, and other fitness and workout related information, products and services; software as a service (SAAS) services featuring computer e-commerce software that enables users to purchase gymnasium and fitness center memberships, and gymnasium and fitness center services and related products -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.




Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here.

Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration.  The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of this application, go to http://tsdr.gov.uspto.report/#caseNumber=88248469&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch  or contact the Trademark Assistance Center at 1-800-786-9199.  Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go to http://tsdr.gov.uspto.report/#caseNumber=88248469&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch.  NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

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