Statement of Use

PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: SPARTAN (Stylized and/or with Design, see mark)
SERIAL NUMBER: 88309363
An Extension of Time form is being filed with the Allegation of Use.


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Spartan Race, Inc., having an address of
      5th Floor
      234 Congress Street
      Boston, Massachusetts 02110
      United States
      Email: XXXX
Proposed: Spartan Race, Inc., having an address of
      5th Floor
      234 Congress Street
      Boston, Massachusetts 02110
      United States
      Phone:
      Email: XXXX



The owner is submitting the following allegation of use information:

For International Class 041:
Current identification: Providing personal training and physical fitness consultation to corporate clients to help their employees make physical fitness, strength, conditioning, and exercise alterations in their daily living; providing group coaching and in-person learning forums in the field of leadership development; entertainment in the nature of obstacle courses, endurance events, endurance races, athletic events, sporting events and competitions; arranging, organizing and conducting obstacle courses, endurance events, endurance races, athletic events, sporting events and competitions; conducting fitness classes; physical fitness training of individuals and groups; physical fitness assessment services; physical fitness boot camp; consulting services in the fields of fitness and exercise; counseling services in the fields of physical fitness, sports and exercise; physical fitness instruction; providing assistance, personal training and physical fitness consultation to individuals to help them make physical fitness, strength, conditioning, and exercise improvement in their daily living; providing a website featuring information on fitness, sports, and exercise; providing a website featuring non-downloadable videos and images in the fields of athletic competitions, fitness and exercise; providing a website featuring blogs and non-downloadable publications in the nature of articles and magazines in the fields of fitness and exercise; entertainment services, namely, providing podcasts in the fields of exercise, personal training, health and self-improvement; entertainment services, namely, providing video podcasts in the fields of exercise, personal training, health and self-improvement; educational and entertainment services, namely, providing motivational and educational speakers; educational services, namely, conducting classes, seminars, conferences, workshops and programs in the fields of physical fitness, mental fitness, nutrition, leadership, team building, survival training, behavior modification, sports, exercise, health, wellness, and self-improvement and distribution of course and educational materials in connection therewith; educational services, namely, providing training to employees of corporations and businesses in the fields of physical fitness, mental fitness, leadership, team building, and obstacle course creation and distribution of course and educational materials in connection therewith; educational and entertainment services, namely, an educational program, course and curriculum about what it takes to achieve success in any field or endeavor and distribution of course and educational materials in connection therewith; online educational courses, lectures, seminars, workshops, presentation, podcasts, and training featuring non-downloadable videos, non-downloadable electronic publications in the nature of articles, newsletters, manuals, pamphlets, guidebooks, electronic mail messages, and non-downloadable e-books featuring panel discussions and coaching in the fields of success, life performance, business performance, motivation, psychology, core virtues, values, fitness, exercise, strength, conditioning, exercise improvement, mental toughness, self-awareness, self-mastery, mental strength and control, emotional strength and control, nutrition, grit, mind-body character development, physical fitness, health, wellness, and self improvement; leadership development training in the field of business

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: Providing personal training and physical fitness consultation to corporate clients to help their employees make physical fitness, strength, conditioning, and exercise alterations in their daily living; providing group coaching and in-person learning forums in the field of leadership development; conducting fitness classes; physical fitness training of individuals and groups; physical fitness assessment services; physical fitness boot camp; consulting services in the fields of fitness and exercise; counseling services in the fields of physical fitness, sports and exercise; providing assistance, personal training and physical fitness consultation to individuals to help them make physical fitness, strength, conditioning, and exercise improvement in their daily living; providing a website featuring blogs and non-downloadable publications in the nature of articles and magazines in the fields of fitness and exercise; entertainment services, namely, providing podcasts in the fields of exercise, personal training, health and self-improvement; entertainment services, namely, providing video podcasts in the fields of exercise, personal training, health and self-improvement; educational and entertainment services, namely, providing motivational and educational speakers; educational services, namely, conducting classes, seminars, conferences, workshops and programs in the fields of physical fitness, mental fitness, nutrition, leadership, team building, survival training, behavior modification, sports, exercise, health, wellness, and self-improvement and distribution of course and educational materials in connection therewith; educational services, namely, providing training to employees of corporations and businesses in the fields of physical fitness, mental fitness, leadership, team building, and obstacle course creation and distribution of course and educational materials in connection therewith; educational and entertainment services, namely, an educational program, course and curriculum about what it takes to achieve success in any field or endeavor and distribution of course and educational materials in connection therewith; online educational courses, lectures, seminars, workshops, presentation, podcasts, and training featuring non-downloadable videos, non-downloadable electronic publications in the nature of articles, newsletters, manuals, pamphlets, guidebooks, electronic mail messages, and non-downloadable e-books featuring panel discussions and coaching in the fields of success, life performance, business performance, motivation, psychology, core virtues, values, fitness, exercise, strength, conditioning, exercise improvement, mental toughness, self-awareness, self-mastery, mental strength and control, emotional strength and control, nutrition, grit, mind-body character development, physical fitness, health, wellness, and self improvement; leadership development training in the field of business

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: entertainment in the nature of obstacle courses, endurance events, endurance races, athletic events, sporting events and competitions; arranging, organizing and conducting obstacle courses, endurance events, endurance races, athletic events, sporting events and competitions; physical fitness instruction; providing a website featuring information on fitness, sports, and exercise; providing a website featuring non-downloadable videos and images in the fields of athletic competitions, fitness and exercise
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/06/2018, and first used in commerce at least as early as 05/06/2018, 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) screen shots from website.

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SPN0-17372157178-20220124 150014545101_._41a.pdf
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SPN0-17372157178-20220124 150014545101_._41b.pdf
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SPN0-17372157178-20220124 150014545101_._41c.pdf
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SPN0-17372157178-20220124 150014545101_._41d.pdf
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SPN0-17372157178-20220124 150014545101_._41g.pdf
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SPN0-17372157178-20220124 150014545101_._41i.pdf
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SPN0-17372157178-20220124 150014545101_._41j.pdf
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SPN0-17372157178-20220124 150014545101_._41l.pdf
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Webpage URL: None Provided
Webpage Date of Access: None Provided

The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Peter J. Riebling
      PRIMARY EMAIL FOR CORRESPONDENCE: peter.riebling@rieblinglaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@rieblinglaw.com; valerie.purdy-pyeron@rieblinglaw.com
Correspondence Information (proposed):
      Peter J. Riebling
      PRIMARY EMAIL FOR CORRESPONDENCE: peter.riebling@rieblinglaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@rieblinglaw.com; valerie.purdy-pyeron@rieblinglaw.com

The docket/reference number is 386499-00019.

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 $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


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: /Trevor Findlen/      Date Signed: 01/27/2022
Signatory's Name: Trevor Findlen
Signatory's Position: VP and Assistant General Counsel
Signature method: Sent to third party for signature

PAYMENT: 88309363
PAYMENT DATE: 01/27/2022

Serial Number: 88309363
Internet Transmission Date: Thu Jan 27 16:43:14 ET 2022
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.XXX-202201271643144
08362-88309363-80098cb4e31f984ad7b131fb9
243db828b25d28dc96988ffb4f5c0d34cc0861a-
ET-43110848-20220124150014545101