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: 88890931

Filing Date: 04/28/020

To the Commissioner for Trademarks:

MARK: D (stylized and/or with design, see mark)
The literal element of the mark consists of D. The mark consists of a stylized letter "D" with negative space lines through the right top two-thirds of the curve of the "D".
The applicant, Loading Enterprise, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      3300 Northside Pkwy NW
      Atlanta, Georgia 30327
      United States
      XXXX

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:  Electronic performance measurement device; personal electronic devices used to track fitness goals and statistics; wearable activity trackers; smartwatches; portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files; wearable electronic devices, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through Internet websites and other computer and electronic communication networks; wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and recei ving text, data, audio, image and digital files and display screens; cables, namely, charging cables; computer peripheral devices; computers; sensors for scientific use to be worn by a human to gather human biometric data; software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; computer application software for smartphones and mobile devices in the fields of fitness and exercise featuring personal training services, coaching, workouts and fitness assessments; mobile application software for creating personalized fitness training programs; computer application software for smartphones and mobile devices to support corporate wellness programs; computer software development tools; pre-recorded video recordings featuring athletic and fitness sessions.
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: April L. Besl. Other appointed attorneys are Karen Kreider Gaunt, Joshua A. Lorentz, Govinda M. Davis, Leanthony D. Edwards, Ashley J. Earle, Tarah K. Remy. April L. Besl of Dinsmore & Shohl 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
      255 E. Fifth St., Suite 1900
      Cincinnati, Ohio 45202
      United States
      513-977-8200(phone)
      513-977-8141(fax)
      april.besl@dinsmore.com
The docket/reference number is 123738-1.
April L. Besl 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:

April L. Besl

PRIMARY EMAIL FOR CORRESPONDENCE: april.besl@dinsmore.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@dinsmore.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 $275 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /april l besl/   Date: 04/28/2020
Signatory's Name: April L. Besl
Signatory's Position: Attorney of Record, Ohio Bar member
Payment Sale Number: 88890931
Payment Accounting Date: 04/28/2020

Serial Number: 88890931
Internet Transmission Date: Tue Apr 28 12:05:53 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20200428120553236
900-88890931-7105d9423e4ffbf4b16ac1dcf91
29b56e084d53fb4fcaf8b795ded66cda8ba5a-CC
-05512954-20200428113436947117