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: 88586933

Filing Date: 08/21/2019

To the Commissioner for Trademarks:

MARK: RISE ABOVE (Standard Characters, see mark)
The literal element of the mark consists of RISE ABOVE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Rise Above Fitness, LLC, a limited liability company legally organized under the laws of California, having an address of
      15604 Producer Lane
      Huntington Beach, California 92649
      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:  Fitness boot camps; Health club services, namely, providing instruction and equipment in the field of physical exercise; Instruction in the field of physical fitness; Membership club services, namely, providing training to members in the field of physical fitness; Personal fitness training services; Personal fitness training services and consultancy; Personal trainer services; Personal training services, namely, strength and conditioning training; Personal training services, namely, strength and conditioning training and speed training; Physical fitness instruction; Physical fitness training of individuals and groups; Providing fitness and exercise facilities

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 11/00/2007, and first used in commerce at least as early as 01/00/2009, 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) The specimen consists of the mark being used in connection with the applied for services..
Specimen File1



The applicant hereby appoints Nicholas D. Myers. Other appointed attorneys are Michelle Y. Miu. Nicholas D. Myers of THE MYERS LAW GROUP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      4695 MacArthur Court, Suite 200
      Newport Beach, California 92660
      United States
      nicholas@themyerslg.com (authorized).
The attorney docket/reference number is RIS01-2002.
Nicholas D. Myers 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:

Nicholas D. Myers

THE MYERS LAW GROUP

4695 MacArthur Court, Suite 200

Newport Beach, California 92660

nicholas@themyerslg.com; trademarks@themyerslg.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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: /Nicholas D. Myers/   Date: 08/21/2019
Signatory's Name: Nicholas D. Myers
Signatory's Position: Attorney of record
Signatory's Phone Number: 949-825-5590
Payment Sale Number: 88586933
Payment Accounting Date: 08/21/2019

Serial Number: 88586933
Internet Transmission Date: Wed Aug 21 13:59:12 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XXX-2019082113591207
2575-88586933-61047c1c2d0971826ab93e87a6
e13f2a1cc585ce6e15beca18e4a45d4b37a15a-C
C-59112621-20190821135330544459