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: 88720449

Filing Date: 12/09/2019

To the Commissioner for Trademarks:

MARK: FLYTE (stylized and/or with design, see mark)
The literal element of the mark consists of FLYTE. The applicant is not claiming color as a feature of the mark. The mark consists of a graphic of a man with wings made up of broken geographic shapes, all above the wording FLYTE.
The applicant, Exerscribe, Inc., a corporation of Texas, having an address of
      6501 E. Greenway Pkwy #103-267
      Scottsdale, Arizona 85254
      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 010:  electric massage apparatus

In International Class 010, 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 10/28/2016, and first used in commerce at least as early as 10/28/2016, 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) pictures of products and product packaging showing use of the mark.

Original PDF file:
SPE0-98119586-20191206185947773581_._Specimen_-_FLYTE.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2




The applicant hereby appoints Samantha C. Markley. Other appointed attorneys are Christina Loza, Heidi Eisenhut, Julio Loza, Jeffrey Burgess, Tyler Barrett, Michael Fedrick, S. Sean Thavonekham, George Tseng, Gabriel Fitch, Derek Yeung, Anthony Smyth, Stephen Burbach, Daniel Castro, Arlyn Alonzo, Michael Angert, Holly Rudnick, Patrick Law, Jessica Smith, Sevan Savsa, Lew Macapagal, Peter Zura, Eugene Worley, George Fountain, David Sarisky, Samantha Markley, Lori Boatright, Lena Bacani, Thomas Ham, Mark Wilson, Richard Krukar, Kevin Soules, and Mark Cooper. Samantha C. Markley of LOZA & LOZA, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      305 N. Second Ave., #127
      Upland, California 91786
      United States
      858-247-1041(phone)
      858-247-1041(fax)
      samantha-pto@lozaip.com (authorized).
The attorney docket/reference number is AIPA-343.
Samantha C. Markley 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:

Samantha C. Markley

LOZA & LOZA, LLP

305 N. Second Ave., #127

Upland, California 91786

858-247-1041(phone)

858-247-1041(fax)

samantha-pto@lozaip.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: /Samantha C. Markley/   Date: 12/07/2019
Signatory's Name: Samantha C. Markley
Signatory's Position: Attorney of Record, California Bar member
Payment Sale Number: 88720449
Payment Accounting Date: 12/09/2019

Serial Number: 88720449
Internet Transmission Date: Mon Dec 09 17:42:42 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.X-201912091742423088
90-88720449-700f65ffa1c8c1673575be5e9a83
f7d973fff65de3b34df8f8b2899316c5bf0bb-CC
-42406413-20191206185947773581