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: 88375473

Filing Date: 04/08/2019

To the Commissioner for Trademarks:

MARK: Gym.O.Phobe a person with an extreme fear of workout and an obsession with junk food (stylized and/or with design, see mark)

The literal element of the mark consists of Gym.O.Phobe a person with an extreme fear of workout and an obsession with junk food.
The mark consists of a Buddha doing a yoga pose with the tagline Gym.O.Phobe below that. And below this the wording "a person with an extreme fear of workout and an obsession with junk food".
The applicant, Nigel Simms, a citizen of United States, having an address of
      11 W Eugene Ct
      Poughkeepsie, New York 12601
      United States
      914-320-7631(phone)
      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 _______: Clothing, namely, t-shirts, hoodies, and sweaters

In International Class _______, 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 02/00/2017, and first used in commerce at least as early as 01/25/2019, 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) digital image of product with tag currently used in commerce.
Specimen File1

The applicant's current Correspondence Information:

Simms, Nigel

11 W Eugene Ct

Poughkeepsie, New York 12601

914-320-7631(phone)

zigludon@gmail.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: /Nigel Simms/   Date: 04/06/2019
Signatory's Name: Nigel Simms
Signatory's Position: Owner
Payment Sale Number: 88375473
Payment Accounting Date: 04/08/2019

Serial Number: 88375473
Internet Transmission Date: Mon Apr 08 11:26:01 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20190408112601765
419-88375473-620578ada2ed8bb7de049944212
b596eecbb3da492052c49635c360fd7c1fc9b3e-
DA-10685-20190329112657471425