Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: HACK YOUR WORKOUT(Standard Characters, see http://uspto.report/TM/88536334/mark.png)
SERIAL NUMBER: 88536334



The applicant, The Wild Gym Company, LLC, having an address of
      6333 Dry Creek Pkwy
      Dock B
      Niwot, Colorado 80503
      United States
      719-358-2561
      719-356-2264
      docket@martensenip.com (not authorized)
is submitting the following allegation of use information:

For International Class 028:
Current identification: Manually operated multipurpose exercise equipment and instructional material sold together therewith as unit; Physical fitness equipment, namely, resistance-based manually operated exercise equipment for multipurpose exercise and fitness; resistance-based fitness equipment in the nature of manually operated exercise equipment

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/10/2019, and first used in commerce at least as early as 09/10/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Website screenshots showing Applicant's mark as used with the product in commerce, found at http://www.kickstarter.com/projects/monkiibars/monkii-360 and http://www.indiegogo.com/projects/monkii-360-4-min-workout-better-than-1-hour-run#/.

Original PDF file:
SPN0-75145125205-20200129110043105728_._Screenshot_Efficient_Fitness_Device.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-75145125205-20200129110043105728_._Screenshot_4_min_workout_video.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 035:
Current identification: Retail services, namely, retail store services featuring manually operated multipurpose exercise, fitness, and sporting equipment; Retail on-line ordering services featuring manually operated multipurpose exercise, fitness, and sporting equipment also accessible by telephone, facsimile and mail order; on-line wholesale and retail store services featuring physical fitness equipment, namely, resistance-based equipment for multipurpose exercise and fitness; retail fitness equipment stores

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/10/2019, and first used in commerce at least as early as 09/10/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Website screenshots showing Applicant's mark as used with the retail services in commerce, found at http://www.kickstarter.com/projects/monkiibars/monkii-360 and http://www.indiegogo.com/projects/monkii-360-4-min-workout-better-than-1-hour-run#/.

Original PDF file:
SPN1-75145125205-20200129110043105728_._Screenshot_Efficient_Fitness_Device.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN1-75145125205-20200129110043105728_._Screenshot_4_min_workout_video.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Michael C. Martensen. Michael C. Martensen of MARTENSEN IP, is located at

      30 EAST KIOWA STREET SUITE 101
      COLORADO SPRINGS, Colorado 80903
      United States
The docket/reference number is WILD T008.

The phone number is 719-358-2561.

The fax number is 719-358-2264.

The email address is docket@martensenip.com

The applicants proposed attorney information: Michael C. Martensen. Other appointed attorneys are Barbara B. Courtney; Jack F. Stuart II. Michael C. Martensen of MARTENSEN IP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      30 EAST KIOWA STREET SUITE 101
      COLORADO SPRINGS, Colorado 80903
      United States
The docket/reference number is WILD T008.

The phone number is 719-358-2561.

The fax number is 719-358-2264.

The email address is docket@martensenip.com

Michael C. Martensen submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: MICHAEL C. MARTENSEN. MICHAEL C. MARTENSEN of MARTENSEN IP, is located at

      30 EAST KIOWA STREET SUITE 101
      COLORADO SPRINGS, Colorado 80903
      United States
The docket/reference number is WILD T008.

The phone number is 719-358-2561.

The fax number is 719-358-2264.

The email address is docket@martensenip.com

The applicants proposed correspondence information: MICHAEL C. MARTENSEN. MICHAEL C. MARTENSEN of MARTENSEN IP, is located at

      30 EAST KIOWA STREET SUITE 101
      COLORADO SPRINGS, Colorado 80903
      United States
The docket/reference number is WILD T008.

The phone number is 719-358-2561.

The fax number is 719-358-2264.

The email address is docket@martensenip.com; mike@martensenip.com; julie@martensenip.com

A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Michael C. Martensen/      Date Signed: 01/29/2020
Signatory's Name: Michael C. Martensen
Signatory's Position: Attorney of Record
Signatory's Phone: 719-358-2561

Mailing Address:
   MARTENSEN IP
   
   30 EAST KIOWA STREET SUITE 101
   COLORADO SPRINGS, Colorado 80903

RAM Sale Number: 88536334
RAM Accounting Date: 01/29/2020

Serial Number: 88536334
Internet Transmission Date: Wed Jan 29 11:27:23 EST 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-202001291127237
42992-88536334-70031736c9e4a1a3754d3ed86
84de57fa4a579a94af7779fa4d49580048fda27c
-CC-27211700-20200129110043105728