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: 88372254

Filing Date: 04/04/2019

To the Commissioner for Trademarks:

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

The applicant, Atkins Nutritionals, Inc., a corporation of New York, having an address of
      1225 17th Street, Suite 1000
      Denver, Colorado 80202
      United States
      XXXX (not authorized)

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:  computer application software for mobile devices, namely, software for providing information on maintaining a healthy lifestyle and nutrition, food, exercise, and weight loss, weight management, diet planning, providing weight loss program services; computer application software for mobile devices, namely, software for tracking, recording, analyzing, managing and displaying data related to maintaining a healthy lifestyle and nutrition, food, exercise and weight loss, weight management, diet planning, providing weight loss program services

In International Class 009, 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 12/03/2012, and first used in commerce at least as early as 12/03/2012, 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) screenshot of download site of applicant's mobile app showing mark and services.
Specimen File1


The applicant's current Attorney Information:
      Gina Durham, Esq., and Heather A. Dunn, Esq., Mark F. Radcliffe, Esq., Andrew P. Valentine, Esq., Alan Limbach, Esq., Carissa L. Bouwer, Esq., Susan N. Acquista, Esq., Megan Michaels, Esq., Jordan A. Chisek, Esq.; Pei Heng Li, Esq. of DLA Piper LLP (US)      555 Mission Street, Suite 2400
      San Francisco, California 94105-2933
      United States
      415-836-2506(phone)
      4156597333(fax)
      TMDocket@dlapiper.com (authorized)
The attorney docket/reference number is 310635900132.

The applicant's current Correspondence Information:

Gina Durham, Esq.,

DLA Piper LLP (US)

555 Mission Street, Suite 2400

San Francisco, California 94105-2933

415-836-2506(phone)

4156597333(fax)

TMDocket@dlapiper.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 $275 has been submitted with the application, representing payment for 1 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: /Timothy Kraft/   Date: 04/04/2019
Signatory's Name: Timothy Kraft
Signatory's Position: General Counsel and Corporate Secretary
Payment Sale Number: 88372254
Payment Accounting Date: 04/05/2019

Serial Number: 88372254
Internet Transmission Date: Thu Apr 04 18:44:43 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201904041844432
41700-88372254-620af4faac4f372e94b67308f
084c7a2afc5bc072b6ba40d7e0f312757ee9d86b
-DA-5325-20190404105446350930