TEAS Plus 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

TEAS Plus Application

Serial Number: 88379739

Filing Date: 04/10/2019

To the Commissioner for Trademarks:

MARK: THEATER (stylized and/or with design, see mark)

The mark in your application is THEATER.
The applicant is not claiming color as a feature of the mark. The mark consists of the stylized word THEATER.
The applicant, Midtown Athletic Clubs, LLC, a limited liability company legally organized under the laws of Illinois, having an address of
      3611 N. Kedzie Avenue
      Chicago, Illinois 60618
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 041:  Providing fitness and exercise facilities
Intent to Use: 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. (15 U.S.C. Section 1051(b)).




The applicant's current Attorney Information:
      Antony J. McShane and all other attorneys at NEAL, GERBER & EISENBERG LLP of NEAL, GERBER & EISENBERG LLP      2 NORTH LASALLE STREET, SUITE 1700
      CHICAGO, Illinois 60602
      United States
      312-269-8000(phone)
      312-269-1747(fax)
      trademarks@nge.com (authorized)
The attorney docket/reference number is 10326-.

The applicant's current Correspondence Information:

Antony J. McShane

NEAL, GERBER & EISENBERG LLP

2 NORTH LASALLE STREET, SUITE 1700

CHICAGO, Illinois 60602

312-269-8000(phone)

312-269-1747(fax)

trademarks@nge.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or 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 Plus 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 $225 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: /stevenschwartz/   Date: 04/10/2019
Signatory's Name: Steven Schwartz
Signatory's Position: President and CEO
Signatory's Phone Number: 7736442233
Payment Sale Number: 88379739
Payment Accounting Date: 04/11/2019

Serial Number: 88379739
Internet Transmission Date: Wed Apr 10 14:52:21 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XXX-2019041014522177
6270-88379739-6208c50a6ac83dca1336b5d248
e1d6da5328148b051862a4e1e422f12f64e5bea3
-DA-1317-20190408174827539296