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: 88313725

Filing Date: 02/24/2019

To the Commissioner for Trademarks:

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

The applicant, Les Mills International Limited, a limited liability company legally organized under the laws of New Zealand, having an address of
      22 Centre Street
      Auckland 1010
      New Zealand
      XXXX

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 audio recordings, video recordings and audio-visual recordings featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training; Digital music downloadable from the Internet; Digital audio recordings and digital audio visual recordings, downloadable from the Internet, featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training; Downloadable electronic data files and multi-media files featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training, graphics, artwork, text and images related to physical fitness, exercise and health club programs downloadable from the Internet, websites, intranets and extranets; Downloadable audio, video, MP3 recordings and publications, namely, booklets, manuals, newsletters, seminars, webinars, workbooks, certificates, guides, presentations featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training downloadable from the Internet, websites, intranets and extranets

Priority based on foreign filing: 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 and asserts a claim of priority based on New Zealand application number 1113456, filed 02/08/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 041:  Recreation services, namely, producing and conducting fitness and exercise classes; Training services, namely, providing classes, seminars, programs, courses, workshops and conferences in the fields of health, nutrition and physical fitness; Sporting activities, namely providing fitness and exercise classes; Education services, namely, providing instruction and advice with respect to fitness exercise classes, exercise planning and delivering exercise classes; Producing and conducting exercise classes and programs; Health club services, and fitness club services, namely, providing classes, instruction and equipment for physical exercise; Exercise instruction, advisory and training services; Physical fitness tuition, namely coaching and instruction in the field of exercise, health and physical fitness; Advisory and consultancy services in the fields of recreation activities, physical fitness training, exercise classes and instruction; Publication of printed matter with respect to fitness and health club related programs and training materials; Publication of electronic media, namely, publication of music and video and audio visual resources with respect to fitness and health club related programs and training materials in digital format; Providing on-line digital publications in the nature of music and video in the field of fitness and health club related programs via the Internet; Publication of on-line music and video and audio visual resources with respect to fitness and health club related programs; Providing on-line videos featuring exercise to music classes and programs, not downloadable; Publishing online electronic publications, namely books, booklets, newsletters, magazines, manuals, posters and postcards all in relation to fitness and health club related programs in the field of fitness health and sport, over the Internet.

Priority based on foreign filing: 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 and asserts a claim of priority based on New Zealand application number 1113456, filed 02/08/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current Correspondence Information:

Les Mills International Limited

Les Mills International Limited

22 Centre Street

Auckland 1010, New Zealand

legal@lesmills.com;carina.barnett@lesmills.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 $550 has been submitted with the application, representing payment for 2 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: /CARINA BARNETT/   Date: 02/25/2019
Signatory's Name: CARINA BARNETT
Signatory's Position: Senior Legal Counsel
Payment Sale Number: 88313725
Payment Accounting Date: 02/25/2019

Serial Number: 88313725
Internet Transmission Date: Sun Feb 24 21:34:20 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190224213420
933889-88313725-62048c29b15fa5715b2a9e96
f67ebfaa0597de7b4cd05ff7199305d91c158-CC
-7624-20190224212556158157