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: 88481722

Filing Date: 06/20/2019

To the Commissioner for Trademarks:

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

The mark in your application is BODYBARRE.
The applicant is not claiming color as a feature of the mark. The mark consists of the single word BODYBARRE in a stylized font.
The applicant, Paige DuBois Erwin, DBA BODYBARRE, a citizen of United States, having an address of
      17064 Saturn Ln
      Houston, Texas 77058
      United States
      832-284-4569(phone)
      paige@bodybarre.com (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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 041:  Consulting services in the fields of fitness and exercise; Personal fitness training services; Personal fitness training services and consultancy; Physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; Physical fitness training of individuals and groups; Providing fitness and exercise studio services, namely, pilates instruction and training; Providing fitness instruction services in the field of ballet, yoga and pilates inspired exercises and fitness methods; Providing fitness training services in the field of ballet, yoga and pilates inspired exercises and fitness methods; Providing a web site featuring information on exercise and fitness; Providing an interactive website featuring information and links relating to fitness

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/14/2017, and first used in commerce at least as early as 01/14/2017, 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) Photograph of studio storefront signage utilizing the mark..

Original PDF file:
SPE0-10418373123-20190620125100581370_._Bodybarre_Store_Front.pdf
Converted PDF file(s) (1 page)
Specimen File1



Disclaimer
No claim is made to the exclusive right to use the words "Body" or "Barre" apart from the mark as shown.

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 12/19/2012, and in commerce at least as early as 12/19/2012.

For informational purposes only, applicant's website address is: www.bodybarre.com
The applicant's current Attorney Information:
      Paul F Verberne and Jenny Maldonado of Verberne x Maldonado LLP      4203 Montrose Blvd 290
      Houston, Texas 77006
      United States
      713-562-4876(phone)
      713-659-0184(fax)
      paul@vxmlaw.com (authorized)
The attorney docket/reference number is ERWI0001.

The applicant's current Correspondence Information:

Paul F Verberne

Verberne x Maldonado LLP

4203 Montrose Blvd 290

Houston, Texas 77006

713-562-4876(phone)

713-659-0184(fax)

paul@vxmlaw.com;admin@vxmlaw.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: /Paul Verberne/   Date: 06/20/2019
Signatory's Name: Paul Verberne
Signatory's Position: Attorney of Record, Texas Bar #20547100
Signatory's Phone Number: 713-562-4876
Payment Sale Number: 88481722
Payment Accounting Date: 06/21/2019

Serial Number: 88481722
Internet Transmission Date: Thu Jun 20 13:55:26 EDT 2019
TEAS Stamp: USPTO/FTK-XXX.XXX.XX.XXX-201906201355264
74135-88481722-6202fd96b6f5ebd2a81eb7b81
098a4f5f0d63493e36f2764d1bdd1121333718e-
CC-124-20190620125100581370