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: FLEXING FROG(Standard Characters, see http://uspto.report/TM/88271409/mark.png)
SERIAL NUMBER: 88271409


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Aaron Weinstein, having an address of
      PO BOX 14297
      Chicago, Illinois 60614
      United States
Proposed: Aaron Weinstein, having an address of
      PO BOX 14297
      Chicago, Illinois 60614
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Computer application software and downloadable computer software for providing information about exercise, fitness, and health; downloadable computer software featuring interactive exercise programs; computer software program for calculating calories of food

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/28/2020, and first used in commerce at least as early as 05/28/2020, 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) the mark as taken from http://www.flexingfrog.com/ and the google app store on May 28, 2020 showing use of the mark in connection with the services..

Original PDF file:
SPN0-2605e0001c02c60d8157 61c8c4c2bbe2-202005282119 15945377_._FLEXspec1CT.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPN0-2605e0001c02c60d8157 61c8c4c2bbe2-202005282119 15945377_._FROGspec2CT.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


For International Class 035:
Current identification: Matching individuals to other individuals or groups to perform exercise programs together; matching individuals to other individuals or groups to discuss health and fitness; matching individuals with others focused on health, fitness, and exercise issues

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/28/2020, and first used in commerce at least as early as 05/28/2020, 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) the mark as taken from http://www.flexingfrog.com/ and the google app store on May 28, 2020 showing use of the mark in connection with the services..

Original PDF file:
SPN1-2605e0001c02c60d8157 61c8c4c2bbe2-202005282119 15945377_._FLEXspec1CT.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPN1-2605e0001c02c60d8157 61c8c4c2bbe2-202005282119 15945377_._FROGspec2CT.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


For International Class 041:
Current identification: Exercise and fitness programs, namely, physical fitness instruction; providing exercise fitness information; providing on-line journals, namely, blogs featuring health information; entertainment and education, namely, conducting classes about fitness and health; providing fitness information and non-line non-downloadable articles about fitness programs; organizing health and fitness classes

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/28/2020, and first used in commerce at least as early as 05/28/2020, 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) the mark as taken from http://www.flexingfrog.com/ and the google app store on May 28, 2020 showing use of the mark in connection with the services..

Original PDF file:
SPN2-2605e0001c02c60d8157 61c8c4c2bbe2-202005282119 15945377_._FLEXspec1CT.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPN2-2605e0001c02c60d8157 61c8c4c2bbe2-202005282119 15945377_._FROGspec2CT.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


For International Class 042:
Current identification: Platform as a service (PAAS) featuring computer software platforms for allowing individuals to organize exercise, health and fitness groups; Platform as a service (PAAS) featuring computer software platforms for allowing individuals to discuss and organize exercise, health and fitness classes and meet-ups

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):
      Justin Lampel
      PRIMARY EMAIL FOR CORRESPONDENCE: jlampel@lampellaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Justin Lampel
      PRIMARY EMAIL FOR CORRESPONDENCE: jlampel@lampellaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is FFI-T-19-01.

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 $300 will be submitted with the form, representing payment for the allegation of use for 3 classes.


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: /Justin Lampel/      Date Signed: 05/28/2020
Signatory's Name: Justin Lampel
Signatory's Position: Attorney

RAM Sale Number: 88271409
RAM Accounting Date: 05/28/2020

Serial Number: 88271409
Internet Transmission Date: Thu May 28 21:25:43 ET 2020
TEAS Stamp: USPTO/SOU-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200528212543716778-88271409-
71084785531db181b101c72c55a3a3677e5c6f33
ba8df911a36fb73b3e1e92e6267-CC-25412384-
20200528211915945377