TEAS Plus 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

TEAS Plus Application

Serial Number: 88773762

Filing Date: 01/26/2020

To the Commissioner for Trademarks:

MARK: alive (stylized and/or with design, see mark)
The literal element of the mark consists of alive. The color(s) blue and pink is/are claimed as a feature of the mark. The mark consists of the literal element "alive" presented in lower case blue letters centered in a pink square with rounded corners. The literal element extends from the left side of the square to the right such that it nearly abuts the left and right edges and is centered vertically in the square with one third of the square above the literal element and one third below.
The applicant, WHITNEY SIMMONS APP, LLC, a limited liability company legally organized under the laws of Utah, having an address of
      PO Box 520400
      Salt Lake City, Utah 84152
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Downloadable mobile applications for instruction, training, and tracking in the fields of physical fitness, exercise, health, weight management, and athletics; Downloadable mobile applications for providing videos in the fields of physical fitness, exercise, health, weight management, and athletics

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/24/2020, and first used in commerce at least as early as 01/24/2020, 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) Screenshot of logo as used in Apple App Store.
Specimen File1




The applicant hereby appoints Adam Hubbard. Other appointed attorneys are Jon Milgrom; Alex Kimata. Adam Hubbard of Milgrom & Daskam, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      2000 Little Raven St, # 802
      Denver, Colorado 80202
      United States
      adam.hubbard@milgromlaw.com (authorized).

Adam Hubbard 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:

Adam Hubbard

Milgrom & Daskam

2000 Little Raven St, # 802

Denver, Colorado 80202

adam.hubbard@milgromlaw.com; ip@milgromlaw.com; jon.milgrom@milgromlaw.com; alex.kimata@milgromlaw.com; emilie.kurth@milgromlaw.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or 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 Plus 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 $225 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: /Adam Hubbard/   Date: 01/26/2020
Signatory's Name: Adam Hubbard
Signatory's Position: Attorney of record, Colorado Bar member
Payment Sale Number: 88773762
Payment Accounting Date: 01/27/2020

Serial Number: 88773762
Internet Transmission Date: Sun Jan 26 23:37:50 EST 2020
TEAS Stamp: USPTO/FTK-XXX.XXX.XX.XX-2020012623375074
1510-88773762-70069ae9b7d4ecf71d3deeda7b
9d16ef3419291ba9162d8dbdecde7f5c10fdd373
-CC-37492828-20200126231508686015