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: 88924079

Filing Date: 05/19/020

To the Commissioner for Trademarks:

MARK: NYBIR (Standard Characters, see mark)
The literal element of the mark consists of NYBIR. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Tennis Central Corp., a corporation of District of Columbia, having an address of
      Suite 640
      5335 Wisconsin Avenue, NW
      Washington, District of Columbia 20015
      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 035:  SECTION 1(A) USE BASIS: Business management of tennis, golf, swimming, soccer, baseball, basketball, volley ball and lacrosse facilities; SECTION 1(B) INTENT TO USE BASIS: Business management of residential athletic and educational facilities; Professional staffing services; Employment staffing in the field of athletics and educational; Providing marketing and promotion of special events; Arranging and conducting special events for business purposes; Special event planning for business purposes; Special event planning for commercial, promotional or advertising purposes; Consultation in the field of special event planning for business purposes; Consultation in the field of special event planning for commercial, promotional or advertising purposes; On-line retail stores and retail stores featuring athletic and eductional products
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.

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/13/2020, and first used in commerce at least as early as 05/13/2020, 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) scanned copy of a web page advertisements for the Class 035 service printed from http://www.nybir.com/about on May 19, 2020..
Specimen File1

International Class 037:  SECTION 1(A) USE BASIS: Building, maintenance and repair services, namely resurfacing tennis courts; SECTION 1(B) INTENT TO USE BASIS: Building construction; Building maintenance and repair; Maintenance and repair of athletic and educational residential facilities
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.

In International Class 037, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/13/2020, and first used in commerce at least as early as 05/13/2020, 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) scanned copy of a web page advertisement for the Class 037 services printed from http://www.nybir.com/financialbenefits on May 19, 2020.
Specimen File1

International Class 041:  Gymnasiums; Personal fitness training services; Personal training services, namely, strength and conditioning training; Personal fitness training services and consultancy; Personal trainer services; Coaching in the field of sports; Consultation in the field of special event planning for social entertainment purposes; Sports instruction services; Instruction in the nature of sports, tennis, golf, swimming, soccer, baseball, basketball, volley ball and lacrosse clinics; Instruction in the nature of tennis, golf, swimming, soccer, baseball, basketball, volley ball and lacrosse lessons; Physical fitness instruction; Providing fitness instruction services in the field of pilates, yoga, barre, weight lifting and physical training; Organizing and arranging exhibitions for entertainment purposes; Organisation of exhibitions for cultural or educational purposes; Organizing exhibitions for educational, cultural, sporting, artistic and entertainment purposes; Social club services, namely, arranging, organizing, and hosting social events, get-togethers, and parties for club members; Entertainment services in the nature of arranging, organizing, conducting and hosting social entertainment events; Country club services; Providing of tennis court facilities
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:  : Temporary interior and exterior home decoration consultation, namely, home staging consultation for the purpose of making homes more appealing to prospective buyers; Arranging and conducting special events for social entertainment purposes; Special event planning for social entertainment purposes
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 043:  Providing of food and drink; Rental of beach and pool chairs, towels and umbrellas for recreational use
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 044:  Massage services
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 045:  Personal concierge services for others comprising making requested personal arrangements and reservations and providing customer-specific information to meet individual needs; Concierge services for others comprising making requested personal arrangements and reservations and providing customer-specific information to meet individual needs rendered together in a personal home, apartment complex, business conference, shopping center and business office
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.


Significance of wording, letter(s), or numeral(s)
NYBIR appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services listed in the application, or any geographical significance. The word(s) NYBIR has no meaning in a foreign language.


The owner's/holder's proposed attorney information: Jeffrey A. Smith. Jeffrey A. Smith of Millen, White, Zelano & Branigan, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 1400
      2200 Clarendon Boulevard
      Arlington, Virginia 22201
      United States
      703-465-5355(phone)
      703-243-6410(fax)
      docketing@mwzb.com
The docket/reference number is YANN-0021-T.
Jeffrey A. Smith 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:

Jeffrey A. Smith

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@mwzb.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): smithj@mwzb.com; venteicher@mwzb.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: /jas/   Date: 05/19/2020
Signatory's Name: Jeffrey A. Smith
Signatory's Position: Applicant's Attorney - FL
Payment Sale Number: 88924079
Payment Accounting Date: 05/19/2020

Serial Number: 88924079
Internet Transmission Date: Tue May 19 21:51:03 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020051921510309
4950-88924079-710d3f920c78ae42e126f4f1a6
537e1b883eebb6b86c1271def7f4de774a6ec302
9-CC-51013289-20200519205824946089