Statement of Use

PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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

To the Commissioner for Trademarks:
MARK: ACTIVE BOOTY(Standard Characters, see http://uspto.report/TM/90072747/mark.png)
SERIAL NUMBER: 90072747


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: The Fitness Marshall, having an address of
      5229 WILLOWCREST AVE APT. 203
      NORTH HOLLYWOOD, California 91601
      United States
      Email: XXXX
Proposed: The Fitness Marshall, having an address of
      5229 WILLOWCREST AVE APT. 203
      NORTH HOLLYWOOD, California 91601
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 025:
Current identification: Clothing, namely, leggings, sports bras, fitness tops, sports pants, sports shirts, and active-wear in the nature of yoga pants and sport shoes

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 10/27/2020, and first used in commerce at least as early as 10/27/2020, 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) a copy of website print-outs showing use of mark with offered goods for sale.

Original PDF file:
SPN0-76238237203-20210326 181702297039_._Active_Boo ty_1.pdf
Converted PDF file(s) (8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Original PDF file:
SPN0-76238237203-20210326 181702297039_._Informatio n_-_Active_Booty_-_Checko ut.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-76238237203-20210326 181702297039_._Premiere_A ctive_Booty_Collection.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Original PDF file:
SPN0-76238237203-20210326 181702297039_._Your_Shopp ing_Cart___Active_Booty.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

Webpage URL: http://activebooty.com/
Webpage Date of Access: 03/18/2021

For International Class 035:
Current identification: On-line retail store services featuring clothing and active-wear

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 10/27/2020, and first used in commerce at least as early as 10/27/2020, 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) a copy of website print-outs showing use of mark with offered goods for sale.

Original PDF file:
SPN1-76238237203-20210326 181702297039_._Active_Boo ty_1.pdf
Converted PDF file(s) (8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Original PDF file:
SPN1-76238237203-20210326 181702297039_._Informatio n_-_Active_Booty_-_Checko ut.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN1-76238237203-20210326 181702297039_._Premiere_A ctive_Booty_Collection.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Original PDF file:
SPN1-76238237203-20210326 181702297039_._Your_Shopp ing_Cart___Active_Booty.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

Webpage URL: http://activebooty.com/
Webpage Date of Access: 03/18/2021

The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Eric Caligiuri
      PRIMARY EMAIL FOR CORRESPONDENCE: ecaligiuri@weintraub.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nburton@weintraub.com; t2@weintraub.com; dmoreno@weintraub.com
Correspondence Information (proposed):
      Eric Caligiuri
      PRIMARY EMAIL FOR CORRESPONDENCE: ecaligiuri@weintraub.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nburton@weintraub.com; t2@weintraub.com; dmoreno@weintraub.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.


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: /Eric Caligiuri/      Date Signed: 03/26/2021
Signatory's Name: Eric Caligiuri
Signatory's Position: Attorney of record, California Bar Member
Signatory's Phone: 8584363140
Signature method: Sent to third party for signature

PAYMENT: 90072747
PAYMENT DATE: 03/26/2021

Serial Number: 90072747
Internet Transmission Date: Fri Mar 26 21:39:53 ET 2021
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-202103262139531
34019-90072747-7709c24668333228c22dbde59
88eb1d41572c75659f3946c570598ba8858c5b5e
3a-DA-39510149-20210326181702297039