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: BOXOUT(Standard Characters, see http://uspto.report/TM/88637981/mark.png)
SERIAL NUMBER: 88637981
An Extension of Time form is being filed with the Allegation of Use.


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: BOXOUT, LLC, having an address of
      6333 HUDSON CROSSING PARKWAY
      HUDSON, Ohio 44236
      United States
Proposed: BOXOUT, LLC, having an address of
      6333 HUDSON CROSSING PARKWAY
      HUDSON, Ohio 44236
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 035:
Current identification: Business administration services; Business administration consulting, namely, advising and assisting businesses in the areas of selecting and consolidating vendors, product and inventory purchasing, product fulfillment, sales forecasting, program management, development and execution of sales-and-marketing plans, and information technology, all provided to businesses in the healthcare, health and wellness, fitness, beauty and spa sectors; business consulting services relating to product distribution, operations management services, logistics, reverse logistics, supply chain, and production systems and distribution solutions; outsource service provided in the field of business operation and management of a distribution supply chain; supply chain management services; business advisory services in the field of supply-chain management; transportation logistics services, namely, arranging the transportation of goods for others; distributorship services in the field of medical equipment and supplies, massage equipment and supplies, acupuncture equipment and supplies and nutritional supplements; distributorship services featuring chiropractic and physical-therapy equipment; distributorship services featuring equipment and supplies for use in the operation of spas and day spas; data processing services; business consulting services in the fields of customer relationship management (CRM) to provide reporting, forecasting and optimization of advertising and marketing campaigns; providing business intelligence services in the field of advertising and marketing campaign analytics; business advisory and consulting services and business consulting in the field of business and data analytics relating to the development, marketing and distribution of products for use in the provision of medical, chiropractic, fitness, health and wellness or spa services, or in rehabilitation following injury or exercise; business consulting and advisory services in the field of software development, software solutions, and software platforms, all relating to order processing, fulfillment and promotion engines for medical, chiropractic, health and wellness, fitness and beauty products; business optimization services, namely, business management consulting provided to health and wellness, fitness, healthcare or spa businesses regarding strategy, marketing, sales and operation thereof; product and brand incubation and promotion services, namely, promoting, advertising and distributorship services featuring medical and chiropractic equipment and supplies, massage equipment and supplies, fitness equipment and supplies, and nutritional supplements of others in the healthcare, health and wellness, fitness, beauty and spa sectors, and providing business, marketing and sales advice concerning the development, growth and promotion of those goods; product and brand incubation and promotion services, namely, promoting, advertising and distributorship services featuring medical and chiropractic equipment and supplies, massage equipment and supplies, fitness equipment and supplies, and nutritional supplements of others, and providing business, marketing and sales advice concerning the development, growth and promotion of those goods; product merchandising for others; promoting the goods of others by creating, curating and managing product listings on third-party online marketplaces to promote and facilitate the sale of such goods via those marketplaces; marketing consulting, namely, design and management of third-party goods listings; marketing services; creative marketing design services; design and execution of marketing campaigns for others; providing business intelligence services; business consulting services relating to product distribution, operations management services, logistics, reverse logistics, supply chain, and production systems and distribution solutions; business management services, namely, managing logistics, reverse logistics, supply chain services, supply chain visibility and synchronization, supply and demand forecasting and product distribution processes for others; marketing data analytics services for businesses; business consultancy services for others in connection with customer engagement and customer interactions on the Internet; compilation and systemization of data and information into computer databases in the field of marketing, sales and services; providing an on-line searchable database featuring information regarding product sales, customer service and marketing; compilation of product sales data for business or economic forecasting and planning purposes and for the generation of business intelligence; providing business intelligence services concerning sales and marketing programs; providing business intelligence services to vendors and manufacturers of goods concerning the sale of their products, including sales forecasting, generating reports and electronic reporting dashboards, and tracking progress on performance goals

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 02/01/2020, and first used in commerce at least as early as 02/01/2020, 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) mark as seen in connection with services.

Original PDF file:
SPN0-753824237-2020102914 5712390740_._Class35-Spec imen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-753824237-2020103011 3917055846_._wwwboxouthea lthcom2020-10-30t12-23-10 -WEARE.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPN0-753824237-2020103014 3354616955_._wwwboxouthea lthcom2020-10-30t12-23-46 -WEDO.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


For International Class 039:
Current identification: Warehousing services, namely, storage and distribution of supply-chain articles in the nature of medical and chiropractic equipment and supplies, massage equipment and supplies, fitness equipment and supplies, and nutritional supplements for businesses; supply chain logistics and reverse logistics services, namely, storage, transportation and delivery of goods for others; warehousing services

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 02/01/2020, and first used in commerce at least as early as 02/01/2020, 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) mark as seen in connection with services.

Original PDF file:
SPN1-753824237-2020102914 5712390740_._Class39-spec imen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN1-753824237-2020103011 3917055846_._wwwboxouthea lthcom2020-10-30t12-23-10 -WEARE.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPN1-753824237-2020103014 3354616955_._wwwboxouthea lthcom2020-10-30t12-23-46 -WEDO.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


For International Class 042:
Current identification: Software development in the field of retail-sale platforms for medical, chiropractic and spa-related products and services; platform as a service (PAAS) featuring a computer software platform for omnichannel retail sales and marketing of products; platform as a service (PAAS) featuring a computer software platform for omnichannel retail sales and marketing of products in the healthcare, health and wellness, fitness, beauty and spa sectors; platform as a service (PAAS) featuring a computer software platform for retail sales of the goods of others, which integrates into third-party online marketplaces for the listing and sale of such goods via those third-party marketplaces; providing an electronic online system featuring technology which allows vendors to monitor and track sales of their goods by sales channel, salesperson and customer; providing Internet-accessible, non-downloadable software-as-a-service (SAAS) services featuring software that allows vendors to manage and track a sales force and the sales of products to their customers, and which allows individual salespeople to manage and monitor their own book of business selling such products of the vendor; Internet accessible, non-downloadable software-as-a-service (SAAS) services featuring software provided to vendors and manufacturers of goods that tracks and stores data concerning the sale of such goods, and which generates reports using such data concerning usage, buying behaviors, sales performance and salesperson performance; providing an interactive web site featuring technology that enables users to enter, access, track, monitor and generate product-sales information and reports; platform as a service (PAAS) featuring an Internet-accessible software platform where the vendors and manufacturers of those goods can enter, access, track, monitor and generate product-sales information and reports concerning those goods; providing an online sales platform for the promotion and distribution of the goods of others in the healthcare, health and wellness, fitness, beauty and spa sectors, namely, providing an internet website featuring technology that enables sellers or distributors of goods to display and offer their products for sale to consumers visiting that website, and accept orders for such products through that website, featuring medical and chiropractic equipment and supplies, massage equipment and supplies, fitness equipment and supplies, and nutritional supplements

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 06/01/2020, and first used in commerce at least as early as 06/01/2020, 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) mark as seen in connection with services.

Original PDF file:
SPN2-753824237-2020102914 5712390740_._Class42-Spec imen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN2-753824237-2020103011 3917055846_._wwwobagiorde rcom2020-10-30t15-31-19.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN2-753824237-2020103014 3354616955_._wwwboxouthea lthcom2020-10-30t12-23-46 -WEDO.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      STEVEN J. SOLOMON
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@pearne.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ascheidler@pearne.com

The docket/reference number is MDC-61560.
Correspondence Information (proposed):
      Steven J. Solomon
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@pearne.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ascheidler@pearne.com

The docket/reference number is MDC-61560.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $300 will be submitted with the form, representing payment for the allegation of use for 3 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: /stevenjsolomon/      Date Signed: 10/30/2020
Signatory's Name: Steven J. Solomon
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone: 2165791700

RAM Sale Number: 88637981
RAM Accounting Date: 10/30/2020

Serial Number: 88637981
Internet Transmission Date: Fri Oct 30 16:03:17 ET 2020
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XX-20201030160317427
790-88637981-750ce20c9533b3c41237035e6f6
b782fa16402212cd2e586ac7d886902369d99-DA
-03160073-20201030143354616955