Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: ACTA(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88202854/large)
SERIAL NUMBER: 88202854


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: KORA FITNESS LLC, having an address of
      2100 PLEASANT GROVE BLVD #250,
      PLEASANT GROVE, Utah 84062
      United States
Proposed: KORA FITNESS LLC, having an address of
      2100 PLEASANT GROVE BLVD #250,
      PLEASANT GROVE, Utah 84062
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Downloadable computer software and mobile device downloadable application software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index; downloadable computer software and mobile device downloadable application software for managing information regarding tracking, compliance and motivation with a health and fitness program; downloadable computer software and mobile device downloadable application software used to track fitness goals and statistics; downloadable computer software and mobile device downloadable application software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; downloadable computer application software for smartphones and mobile devices in the fields of fitness and exercise for personal training services, coaching, workouts and fitness assessments; downloadable mobile application software for creating personalized fitness training programs; downloadable computer application software for smartphones and mobile devices to support corporate wellness programs; downloadable computer software development tools; pre-recorded video recordings featuring athletic and fitness sessions; Pedometers; altimeters; scales and personal weighing scales; smartwatches, namely, multifunctional electronic devices for displaying, measuring, and uploading to the Internet information including time, date, steps taken, calories burned, distance travelled, floors climbed, active time, elevation, altitude, speed, pace, hours slept, quality of sleep, silent wake alarm, heart rate, routes, and weather information; smartwatches, namely, multifunctional electronic devices that link to mobile phones to control volume and notify users of incoming calls or messages; smartwatches, namely, multifunctional electronic devices that link to mobile phones for displaying, measuring, and uploading to the Internet navigational information; 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 activity trackers, 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 activity trackers, namely, wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files and display screens

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 038:
Current identification: Providing online forum and electronic bulletin board for registered users for transmission of messages concerning food, nutrition, fitness activities, personal activities, general interest, classifieds, virtual community, and social networking

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 041:
Current identification: Providing a website featuring information regarding fitness training

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/16/2020, and first used in commerce at least as early as 01/16/2020, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screenshot of the website showing the mark as used in commerce.
Specimen File1


For International Class 044:
Current identification: Providing a website featuring information regarding nutrition, dieting, wellness, and health

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/16/2020, and first used in commerce at least as early as 01/16/2020, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screenshot of the website showing the mark as used in commerce.
Specimen File1


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Providing a website featuring information regarding fitness training (Class 041); Providing a website featuring information regarding nutrition, dieting, wellness, and health (Class 044)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 009
Correspondence Information (current):
      Raj Abhyanker
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@legalforce.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@legalforce.com
Correspondence Information (proposed):
      Raj Abhyanker
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@legalforce.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@legalforcelaw.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 $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Michael Markos/      Date Signed: 03/11/2020
Signatory's Name: Markos, Michael
Signatory's Position: Associate Attorney, LegalForce RAPC Worldwide, P.C. , AZ Bar Member
Signatory's Phone: 6509658731

Request to Divide Signature


Signature: /Michael Markos/    Date: 03/12/2020
Signatory's Name: Markos, Michael
Signatory's Position: Associate Attorney, LegalForce RAPC Worldwide, P.C. , AZ Bar Member

Signatory's Phone: 6509658731


RAM Sale Number: 88202854
RAM Accounting Date: 03/12/2020

Serial Number: 88202854
Internet Transmission Date: Thu Mar 12 22:33:24 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XXX-202003122233246
27028-88202854-710c4cb681957c133c7c6d9da
ca771a47189ffd7629b478dcdca780dde7f77ea-
DA-33248849-20200311001529284935