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: 88900307

Filing Date: 05/04/020

To the Commissioner for Trademarks:

MARK: APTITUDE (Standard Characters, see mark)
The literal element of the mark consists of APTITUDE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, + Aptitude LLC, DBA Aptitude Health, a limited liability company legally organized under the laws of Arizona, having an address of
      7 E. Laurie Lane
      Phoenix, Arizona 85020
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Downloadable electronic data files featuring exercise, physical fitness, strength, conditioning, and wellness workouts, programs, training, instruction, and information; Downloadable software in the nature of a mobile application for scheduling exercise, physical fitness, strength, conditioning, and wellness classes, workouts, programs, training, and instruction

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 04/03/2017, and first used in commerce at least as early as 04/03/2017, 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) Digital screenshots of mobile application; downloadable workout book; Digital screenshot of mobile application; downloadable workout book.
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Original PDF file:
SPE0-3-1747888234-20200504174856133978_._Aptitude_Travel_Conditioning_Workout_Book.pdf
Converted PDF file(s) (13 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Original PDF file:
SPE0-1-1747888234-20200504174856133978_._Aptitude_Travel_Conditioning_Workout_Book.pdf
Converted PDF file(s) (13 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Educational services, namely, providing on-line workouts, programs, training, and instruction in the field of exercise, physical fitness, strength, conditioning, and wellness; Gymnasiums; Physical fitness instruction; Physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; Providing fitness and exercise facilities; Providing information in the field of exercise training; Providing personal training and physical fitness consultation to individuals to help them make physical fitness, strength, conditioning, and exercise improvement in their daily living

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 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/03/2017, and first used in commerce at least as early as 04/03/2017, 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) Digital screenshots of mobile application and downloadable workout book; digital photographs of gymnasium, promotional card, social media website pages and personal training waiver; Digital screenshots of mobile application and electronic data files; digital photographs of gymnasium, promotional card, social media website pages and personal training waiver.
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Original PDF file:
SPE0-1747888234-20200504174856133978_._Aptitude_Performance_Center_-_Home.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-2-1747888234-20200504174856133978_._Aptitude_Travel_Conditioning_Workout_Book.pdf
Converted PDF file(s) (13 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Original PDF file:
SPE0-1747888234-20200504174856133978_._ITUDE___65039____aptitude_phx____Instagram_photos_and_videos.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



The owner's/holder's proposed attorney information: Pacer K. Udall. Pacer K. Udall of Booth Udall Fuller, PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1255 W. Rio Salado Parkway, Suite 215
      Tempe, Arizona 85281
      United States
      480-830-2700(phone)
      480-830-2717(fax)
      trademark@boothudall.com
The docket/reference number is 2470.003.
Pacer K. Udall 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:

Pacer K. Udall

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@boothudall.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $450 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 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: /Pacer K. Udall/   Date: 05/04/2020
Signatory's Name: Pacer K. Udall
Signatory's Position: Attorney of Record, State Bar of Arizona
Signatory's Phone Number: 480-830-2700
Payment Sale Number: 88900307
Payment Accounting Date: 05/04/2020

Serial Number: 88900307
Internet Transmission Date: Mon May 04 19:25:07 ET 2020
TEAS Stamp: USPTO/FTK-XXX.XX.XX.XXX-2020050419250740
7713-88900307-710331be12c733fb20c42d73d9
4d1bcc48be1699382ad13af16195c8d9ebecfc-C
C-25052340-20200504190227550670