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: 88614214

Filing Date: 09/12/2019

To the Commissioner for Trademarks:

MARK: SIMULATE HIGH ELEVATION TRAINING (Standard Characters, see mark)
The literal element of the mark consists of SIMULATE HIGH ELEVATION TRAINING. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, TRAININGMASK LLC, a limited liability company legally organized under the laws of Michigan, having an address of
      2141 Plett Road
      Cadillac, Michigan 49601
      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:

International Class 028:  Body-training apparatus; Exercise equipment, namely, resistance training exercise masks which restrict airflow; Martial arts training equipment; Physical fitness equipment, namely, resistance training exercise masks which restrict airflow; Training apparatus for boxing, martial arts, and similar sports

In International Class 028, 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 10/01/2010, and first used in commerce at least as early as 10/01/2010, 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) Product packaging.
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4509398 and 5184344.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 5184344.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The applicant hereby appoints Joseph Agostino. Joseph Agostino of Greenberg Traurig, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 400
      500 Campus Drive
      Florham Park, New Jersey 07932
      United States
      973-443-3572(phone)
      973-295-1292(fax)
      njdocket@gtlaw.com (authorized).
The attorney docket/reference number is 150137042501.
Joseph Agostino 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:

Joseph Agostino

Greenberg Traurig, LLP

Suite 400       500 Campus Drive

Florham Park, New Jersey 07932

973-443-3572(phone)

973-295-1292(fax)

njdocket@gtlaw.com; agostinoj@gtlaw.com; schuchards@gtlaw.com; scottjo@gtlaw.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, 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 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: /Joseph Agostino/   Date: 09/12/2019
Signatory's Name: Joseph Agostino
Signatory's Position: Attorney of Record, New Jersey Bar Member
Payment Sale Number: 88614214
Payment Accounting Date: 09/12/2019

Serial Number: 88614214
Internet Transmission Date: Thu Sep 12 12:43:25 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20190912124325874
044-88614214-610c7d9a4bd962e4b102f3becc3
2579a5adab4aea87298edab5258eced9332aac-D
A-43250738-20190911180203086905