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: 88309302

Filing Date: 02/20/2019

To the Commissioner for Trademarks:

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

The applicant, Vertical Solutions, LLC, a limited liability company legally organized under the laws of Utah, having an address of
      1450 South 400 West
      Salt Lake City, Utah 84115
      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 028:  Holds for artificial climbing walls.

In International Class 028, 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 04/11/2013, and first used in commerce at least as early as 04/11/2013, 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) An image of the mark in use with the goods..
Specimen File1

       International Class 035:  Online retail store services featuring athletic flooring, holds and geometric features for artificial climbing walls, and accessories for artificial climbing walls, namely, flooring, wall panels, mounting hardware, bolt kits, bolts, screws, t-nuts, anchors, and pads.

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 04/11/2013, and first used in commerce at least as early as 04/11/2013, 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) Image from applicant's website showing goods for sale and purchase..
Specimen File1

       International Class 041:  Providing a website featuring information about building climbing gyms and training for rock climbing.

In International Class 041, 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 04/11/2013, and first used in commerce at least as early as 04/11/2013, 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) Image from applicant's website with information regarding building a climbing wall..
Specimen File1

       International Class 019:  Athletic flooring.

In International Class 019, 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 04/11/2013, and first used in commerce at least as early as 04/11/2013, 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) An image of the mark in use with the goods..
Specimen File1


The applicant's current Attorney Information:
      Juliette Palmer White and Jonathan H. Love of Parsons Behle & Latimer      201 South Main Street, Suite 1800
      Salt Lake City, Utah 84111
      United States
      801-532-1234(phone)
      8015366111(fax)
      trademarks@parsonsbehle.com (authorized)

The applicant's current Correspondence Information:

Juliette Palmer White

Parsons Behle & Latimer

201 South Main Street, Suite 1800

Salt Lake City, Utah 84111

801-532-1234(phone)

8015366111(fax)

trademarks@parsonsbehle.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 $1100 has been submitted with the application, representing payment for 4 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: /Dustin Buckthal/   Date: 02/20/2019
Signatory's Name: Dustin Buckthal
Signatory's Position: CEO
Payment Sale Number: 88309302
Payment Accounting Date: 02/21/2019

Serial Number: 88309302
Internet Transmission Date: Wed Feb 20 18:21:07 EST 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2019022018210745
3263-88309302-6207db27f6d38a0b12f6de0435
665555a0b1497d7f212601bcefc5a7102caa4c-C
C-4320-20190220155051730833