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: 88754829

Filing Date: 01/10/2020

To the Commissioner for Trademarks:

MARK: POWERED BY PERFORMIX (Standard Characters, see mark)
The literal element of the mark consists of POWERED BY PERFORMIX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Performix House LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      80 Fifth Avenue, Suite 1100
      New York, New York 10011
      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 009:  downloadable mobile applications that contain exercise routines for fitness, exercise and health purposes; downloadable software in the nature of a mobile applications that contain exercise routines for fitness, exercise and health purposes; downloadable mobile application to facilitate support and sharing of information in the fields of health, fitness and exercise; downloadable mobile application to facilitate interaction between users and coaches via video, text and direct interaction
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 041:  physical fitness training of individuals and groups; providing fitness and exercise facilities; providing a website featuring information on fitness and exercise; education services in the field of sporting activities, namely, providing training in the field of sports, training systems, nutrition, psychology, personal development, motivation and willpower
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 042:  providing temporary use of an online non-downloadable web application for use in connection with health, fitness and exercise instructions, psychological coaching, motivational coaching, nutritional coaching, providing access to knowledge databases in the field of physical, nutritional, psychological, and motivational coaching
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5633499.


The applicant hereby appoints Airina L. Rodrigues. Other appointed attorneys are all other members and attorneys employed by or associated with the firm. Airina L. Rodrigues of Brownstein Hyatt Farber Schreck, 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
      410 Seventeenth Street, Suite 2200
      Denver, Colorado 80202
      United States
      303-223-1100(phone)
      303-223-1111(fax)
      DNTrademarkDocket@BHFS.com (authorized).
The attorney docket/reference number is 012358.0134.
Airina L. Rodrigues 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:

Airina L. Rodrigues

Brownstein Hyatt Farber Schreck, LLP

410 Seventeenth Street, Suite 2200

Denver, Colorado 80202

303-223-1100(phone)

303-223-1111(fax)

DNTrademarkDocket@BHFS.com; arodrigues@bhfs.com; alafrance@bhfs.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 $825 has been submitted with the application, representing payment for 3 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: / Matthew Hesse /   Date: 01/10/2020
Signatory's Name: Matthew Hesse
Signatory's Position: CEO
Payment Sale Number: 88754829
Payment Accounting Date: 01/10/2020

Serial Number: 88754829
Internet Transmission Date: Fri Jan 10 16:19:41 EST 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202001101619416971
81-88754829-7002149e451e5abf463fe3a11a28
7ece5fb34617b70377568b07629b0fc3220d674-
CC-19408147-20200109135019381077