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: 90021652

Filing Date: 06/25/020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) orange and green is/are claimed as a feature of the mark. The mark consists of A stylized depiction of a power button. The power button consists of an incomplete orange circle with an opening at the top. A green stem extends from the opening in the circle.
The applicant, Fastic GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Pappelallee 78/79
      Berlin 10437
      Germany
      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 003:  Slimming aids, other than for medical use

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018262118, filed 06/25/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 005:  Dietary food supplements used for modified fasting; Medicinal healthcare preparations

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018262118, filed 06/25/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 009:  Application software; Application software for social networking services via internet; Application software for mobile devices; Downloadable application software for smart phones; Application software for mobile phones; Computer application software for mobile telephones; Software for data and file management and for databases; System and system maintenance software and firmware; Software for web applications and web servers; Electronic magazines; Media software; Media content; Data storage devices and media; Downloadable media; Media development software

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018262118, filed 06/25/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 035:  Advertising; Internet marketing; Advertising, marketing and promotional services; Promotion, advertising and marketing of on-line websites; Marketing services; Market research; Advertising, marketing and promotional services; Accountancy, book keeping and auditing; Media relations services; Professional business consultancy; Marketing consulting; Counselling on business matters; Advisory services relating to promotional activities; Business acquisitions consultation; Consultancy and advisory services in the field of business strategy; Business management consulting services in the field of information technology

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018262118, filed 06/25/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 041:  Conducting of lectures, training courses and seminars; Instruction courses related to slimming; Health and wellness training; Physical fitness instruction for adults and children; Educational services in the healthcare sector; Provision of educational services relating to health; Education services relating to health; Education services relating to nutrition; Provision of instruction relating to nutrition; Conducting training courses relating to nutrition online; Education services relating to health; Publication of magazines; Electronic online publication of periodicals and books; Consultation services relating to the publication of magazines; Editorial consultation; Exercise advisory services; Teaching and training in business, industry and information technology; Sporting and cultural activities

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018262118, filed 06/25/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  IT services; Software development, programming and implementation; Computer software design; Software development; Development of computer programs; Software development; Website development services; Development of computer software application solutions; Development and creation of computer programmes for data processing; Professional consultancy relating to technology; Expert reporting services relating to technology; Computer software consultancy; Consultancy relating to computer database programs; Consultancy services relating to computer programming; Information technology consultancy; IT services; Research in the field of health and weight loss

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018262118, filed 06/25/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 044:  Human hygiene and beauty care; Hygienic and beauty care; Health care relating to fasting; Weight management services; Advisory services relating to weight control; Weight control treatment; Weight control evaluation; Slimming treatment services; Providing weight loss program services; Providing medical information in the field of weight loss; Advisory services relating to weight loss; Providing nutritional information about food for medical weight loss purposes; Medical services; Medical services; Advisory services relating to health; Hygienic care for human beings; Advisory services relating to health; Nutrition and dietetic consultancy; Medical services; Medical counseling; Nutrition consultancy

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018262118, filed 06/25/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Ben Natter. Other appointed attorneys are Kyle Koemm. Ben Natter of Haug Partners 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
      745 Fifth Ave
      New York, New York 10151
      United States
      bnatter@haugpartners.com
The docket/reference number is A508-12.
Ben Natter 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:

Ben Natter

PRIMARY EMAIL FOR CORRESPONDENCE: bnatter@haugpartners.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@haugpartners.com; kkoemm@haugpartners.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 $1925 has been submitted with the application, representing payment for 7 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: //Kyle Koemm//   Date: 06/25/2020
Signatory's Name: Kyle Koemm
Signatory's Position: Attorney of Record, member NY bar
Payment Sale Number: 90021652
Payment Accounting Date: 06/25/2020

Serial Number: 90021652
Internet Transmission Date: Thu Jun 25 23:21:24 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20200625232124591
871-90021652-710d52668ead73a71b4288c7238
b49b3990c78abbf09d57c0d9fc725744f727eb-C
C-21221785-20200625224925983570