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)

---

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: 88788222

Filing Date: 02/06/2020

To the Commissioner for Trademarks:

MARK: OPTI-FIT (Standard Characters, see mark)
The literal element of the mark consists of OPTI-FIT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Opti-Fit Fitness Solutions, a corporation of California, having an address of
      PO BOX 6716
      Folsom, California 95763
      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 028:  Physical fitness equipment, namely, cardio, strength, and group training equipment in the nature of exercise treadmills, elliptical exercise machines, climbmills, climber machines, stationary exercise bicycles, group exercise cycles, rowing machines, exercise bands, training bars, exercise balls, dumbbells, exercise weights, kettlebells, plate-loaded strength equipment, selectorized strength equipment, flooring, equipment design, and free weights

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 028, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/01/2002, and first used in commerce at least as early as 01/01/2002, 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) a screenshot of the website www.opti-fit.com.
Specimen File1



The applicant hereby appoints Dustin L Call. Dustin L Call of Superior IP, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      13032 S Crater Lake Circle
      Riverton, Utah 84065
      United States
      801-432-0110(phone)
      docketing@superiorip.com (authorized).
The attorney docket/reference number is 10523.3.
Dustin L Call 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:

Dustin L Call

Superior IP, PLLC

13032 S Crater Lake Circle

Riverton, Utah 84065

801-432-0110(phone)

docketing@superiorip.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: /Dustin L. Call/   Date: 02/06/2020
Signatory's Name: Dustin L Call
Signatory's Position: Attorney of Record, WA Bar member
Signatory's Phone Number: 801-432-0110
Payment Sale Number: 88788222
Payment Accounting Date: 02/06/2020

Serial Number: 88788222
Internet Transmission Date: Thu Feb 06 19:17:29 EST 2020
TEAS Stamp: USPTO/FTK-XX.XX.XX.XX-202002061917294797
69-88788222-700aa7c50b9ed8d6c4cabce4e26e
7af742771ea3ab52515373bcb1d37e187-CC-172
85945-20200206191600742759