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: 88757261

Filing Date: 01/13/2020

To the Commissioner for Trademarks:

MARK: 30-DAY BREAKAWAY (Standard Characters, see mark)
The literal element of the mark consists of 30-DAY BREAKAWAY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Beachbody, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      3301 Exposition Blvd., Third Floor
      Santa Monica, California 90404
      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, interactive multimedia computer software for use in database management, for use in sharing web based videos and documents, and for use in electronic storage of data which provides audio, audiovisual and video training information on the subject of physical exercise, physical exercise equipment, diet and nutrition, and pictures, images, text, and photos related thereto; computer application software for mobile phones, portable media players, and handheld computers, namely, software for use in database management, for use in sharing web based videos and documents, and use in electronic storage of data, in the field of exercise, fitness, and dietary information and instruction; downloadable computer application messaging software for mobile phones, portable media players, handheld computers and related mobile devices, namely, software that allows users to communicate with each other; downloadable electronic game software in the field of exercise, fitness, and dietary information and instruction; downloadable computer application software for mobile phones, portable media players, handheld computers and related mobile devices, namely, software that allows users to provide fitness coaching reviews and recommendations for fitness coaches
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on United Kingdom application number UK00003457715, filed 01/13/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 038:  Electronic transmission and streaming of digital media content for others via global and local computer networks; streaming of audio, visual and audiovisual material via a global computer network; video on demand transmissions; mobile media services in the nature of electronic transmission, broadcasting and delivery of audio, video and multimedia entertainment content including text, data, images, audio, video and audiovisual files by means of the Internet, wireless communication, electronic communications networks and computer networks; providing internet chatrooms
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on United Kingdom application number UK00003457715, filed 01/13/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



Miscellaneous Statement
Attached is the corresponding United Kingdom application.

Original PDF file:
MIS-3898229178-20200113175010501047_._UK00003457715.pdf
Converted PDF file(s) (3 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3


The applicant hereby appoints Camille M. Miller. Other appointed attorneys are Melanie A. Miller, J. Trevor Cloak, Chanel L. Lattimer, Brianne L. Polito, Ashley Kessler, Mayura Noordyke, Kevin Gibbs, Julie Dostal. Camille M. Miller of Cozen O'Connor, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 2800
      1650 Market Street
      Philadelphia, Pennsylvania 19103
      United States
      215-665-7273(phone)
      2157012273(fax)
      cmiller@cozen.com (authorized).
The attorney docket/reference number is BBDY-1234US.
Camille M. Miller 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:

Camille M. Miller

Cozen O'Connor

Suite 2800       1650 Market Street

Philadelphia, Pennsylvania 19103

215-665-7273(phone)

2157012273(fax)

cmiller@cozen.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 $550 has been submitted with the application, representing payment for 2 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: /Camille M. Miller/   Date: 01/13/2020
Signatory's Name: Camille M. Miller
Signatory's Position: attorney
Payment Sale Number: 88757261
Payment Accounting Date: 01/13/2020

Serial Number: 88757261
Internet Transmission Date: Mon Jan 13 18:00:17 EST 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020011318001743
2366-88757261-70057535d1dcdb5b2b42c7563c
fd215769ebbcc5d5b61e25a8331a583f3a03f52-
CC-00164787-20200113175010501047