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: 88805004

Filing Date: 02/20/020

To the Commissioner for Trademarks:

MARK: Powered by K-Motion (Standard Characters, see mark)
The literal element of the mark consists of Powered by K-Motion. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, K-Motion Interactive, Inc., a corporation of Delaware, having an address of
      454 NH Route 13 South
      Milford, New Hampshire 03055
      United States
      bvermilyea@k-vest.com

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 computer software for use by companies, organizations, individuals and coaches to track, analyze, enhance and improve performance data; downloadable computer software for the purpose of providing information for athletic and sports training; downloadable software in the nature of a mobile application to enable companies, organizations, individuals and coaches to track, analyze, enhance and improve performance data related to the individuals; downloadable mobile application software that provides information for athletic and sports training and training videos that can be viewed in the mobile application, and that enables coaches to provide feedback to the individuals that can be viewed in the mobile application; downloadable software in the nature of a mobile application to enable companies, organizations, individuals and coaches to track, analyze, enhance and improve performance data based on data collected from sensors, including body motion sensors, ball movement sensors, club mounted sensors, and force plate sensors; electronic sports training aid device, namely, computer hardware, and downloadable software for the purpose of analyzing, measuring, monitoring, tracking and remotely transmitting data for player swing metrics; electronic wireless sensors for analyzing, measuring, monitoring, tracking, and remotely transmitting data for player swing metrics.
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:  Software as a service (SAAS) services, featuring computer software platforms for use by companies, organizations, individuals and coaches to track, analyze, enhance and improve performance data; Software as a service (SAAS) services featuring computer software that provides information for athletic and sports training; software as a service services featuring computer software for use by companies, organizations, individuals and coaches to track, analyze, enhance and improve performance data; Software as a Service (SAAS) services featuring computer software that provides information for athletic and sports training and training videos that can be viewed in the mobile application, and that enables coaches to provide feedback to the individuals, that can be viewed in the mobile application.
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 025:  Clothing, namely, shirts, t-shirts, jackets, pullovers, sweatshirts, vests, pants, shorts, hats.
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.



The owner's/holder's proposed attorney information: Derek A. Auito. Derek A. Auito of Dentons US LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1900 K Street NW
      Washington, District of Columbia 20006
      United States
      202-496-7500(phone)
      derek.auito@dentons.com
The docket/reference number is 40166.00029.
Derek A. Auito 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:

Derek A. Auito

PRIMARY EMAIL FOR CORRESPONDENCE: derek.auito@dentons.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): katie.krutzsch@dentons.com; mlaip@dentons.com; trademarks.us@dentons.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Derek A Auito/   Date: 02/20/2020
Signatory's Name: Derek A. Auito
Signatory's Position: Attorney of record
Payment Sale Number: 88805004
Payment Accounting Date: 02/20/2020

Serial Number: 88805004
Internet Transmission Date: Thu Feb 20 21:22:06 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202002202122062
36374-88805004-7109ead70dd956f302e526651
c22b5f1289a3ceb0aa554586953eec0aefb2af4b
-DA-22063515-20200220205638258870