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: 90068065

Filing Date: 07/22/2020

To the Commissioner for Trademarks:

MARK: BREATHE (Standard Characters, see mark)
The literal element of the mark consists of BREATHE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Breathe, Inc., a corporation of Nevada, having an address of
      3837 Blazing Star Drive
      Orlando, Florida 32828
      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 044:  Health spa services for health and wellness of the body and spirit, namely, providing massage, facial and body treatment services, cosmetic body care services; Oxygen bar services

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 044, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 02/09/1999, and first used in commerce at least as early as 02/09/1999, 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) Screenshots taken from the website http://breatheoxygenbar.com/about/ on July 22, 2020 advertising the services and prominently bearing the mark.

Original PDF file:
SPE0-9910810112-202007222 03235381592_._BREATHE_-_S pecimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



The owner's/holder's proposed attorney information: Kelly K. Pfeiffer. Other appointed attorneys are Andrew R. Nelson. Kelly K. Pfeiffer of FORTIS 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
      650 TOWN CENTER DRIVE, SUITE 1530
      COSTA MESA, California 92626
      United States
      714-839-3800(phone)
      KPfeiffer@fortislaw.com

Kelly K. Pfeiffer 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:

Kelly K. Pfeiffer

PRIMARY EMAIL FOR CORRESPONDENCE: KPfeiffer@fortislaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ANelson@fortislaw.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 $225 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: /Kelly K. Pfeiffer/   Date: 07/22/2020
Signatory's Name: Kelly K. Pfeiffer
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 714-839-3800
Payment Sale Number: 90068065
Payment Accounting Date: 07/22/2020

Serial Number: 90068065
Internet Transmission Date: Wed Jul 22 20:38:29 ET 2020
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XXX-2020072220382930
8100-90068065-740597fdc8a9bda3cdd8102440
9bf116d75caeea12826294ea367c3fca1a05277-
CC-38276216-20200722203235381592