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: 90087249

Filing Date: 07/31/2020

To the Commissioner for Trademarks:

MARK: BE V (stylized and/or with design, see mark)
The literal element of the mark consists of BE V. The color(s) gold and black is/are claimed as a feature of the mark. The mark consists of the wording "BE V" in gold, stylized lettering all on a black background.
The applicant, Alberto Gandolfi, a citizen of United Kingdom, having an address of
      35 Glentham Road
      London SW139JD
      United Kingdom
      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 009:  Apparatus and instruments for transmitting images; apparatus and instruments for transmitting sound; apparatus for the transmission of information; apparatus for transmission of communication; application software; application software for mobile devices; application software for mobile phones; application software for smart phones; application software for social networking services via internet; mobile application software; mobile apps; downloadable publications in electronic form; parts and fittings for all of the aforesaid
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.

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 018262894, filed 06/29/2020.
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 025:  Clothing; footwear; headgear; anoraks; anti-sweat underclothing; articles of sports clothing; athletic clothing; baseball caps; baselayer tops; beanie hats; cagoules; casual shirts; fleece jackets; gymwear; hooded sweatshirts; jogging tops; leisurewear; polo shirts; sport coats; sports clothing; sports jerseys; sweatpants; sweatshirts; tracksuits; t-shirts; vests; wind jackets; jogging bottoms; parts and fittings for all of the aforesaid
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.

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 018262894, filed 06/29/2020.
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:  Aerobics training services; arranging and conducting of training courses; arranging and conducting of training seminars; arranging and conducting of training workshops; arranging of demonstrations for training purposes; arranging of presentations for training purposes; arranging of training courses; conducting training sessions on physical fitness online; continuous training; education and training services; education services relating to physical fitness; entertainment, education and instruction services; fitness and exercise instruction;fitness and exercise training services; vocational guidance; health and fitness training; health and wellness training; health club services in the nature of health and fitness training; instruction in circuit training; instruction in weight training; instructional and training services; personal coaching and training; personal development training; personal fitness training services; personal trainer services in the nature of fitness training; physical education; physical education instruction; physical fitness consultation; physical fitness education services; physical fitness training services; physical fitness tuition; physical health education; physical training services; production of educational sound and video recordings; production of training videos; production of video and audio recordings; providing courses of instruction; providing courses of training; providing of continuous training courses; providing of further training courses; providing of training, teaching and tuition; provision of information on fitness training via an online portal; provision of information relating to physical education via an online web site; provision of information relating to physical exercises via an online web site; provision of information relating to physical training via an online web site; provision of information relating to training; provision of online training; provision of online tutorials; provision of physical education; provision of training and education; provision of training courses; recreation and training services; sports and fitness services; sports training; strength and conditioning training; training and education services; training and instruction; training of sports players; training services; tuition; tuition in physical fitness; tuition in sports; arranging and conducting of workshops in the field of training; workshops for training purposes; information, advisory and consultancy services in connection with all of the aforesaid
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.

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 018262894, filed 06/29/2020.
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:  Provision of information in relation to sports science; provision of information in relation to research into physical exercise; provision of information and research in relation to the impact of physical exercise on the human body; compilation of web pages for the internet; provision of information relating to scientific research; provision of scientific information; research into new products; scientific research; information, advisory and consultancy services in connection with all of the aforesaid
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.

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 018262894, filed 06/29/2020.
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: John S. Egbert. Other appointed attorneys are Kevin S. Wilson, Michael F. Swartz. John S. Egbert of Egbert, McDaniel & Swartz, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1001 Texas Ave., Ste. 1250
      Houston, Texas 77002
      United States
      713-224-8080(phone)
      713-223-4873(fax)
      mail@emsip.com
The docket/reference number is 1111-77.
John S. Egbert 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 hereby appoints John S. Egbert of Egbert, McDaniel & Swartz, PLLC
      1001 Texas Ave., Ste. 1250
      Houston Texas 77002
      United States
      713-224-8080(phone)
      713-223-4873(fax)
      mail@emsip.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

John S. Egbert

PRIMARY EMAIL FOR CORRESPONDENCE: mail@emsip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): USPTO@dockettrak.com; kwilson@emsip.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 $1100 has been submitted with the application, representing payment for 4 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: /1111-77/   Date: 07/31/2020
Signatory's Name: Kevin S. Wilson
Signatory's Position: Attorney of record, Texas bar member
Payment Sale Number: 90087249
Payment Accounting Date: 07/31/2020

Serial Number: 90087249
Internet Transmission Date: Fri Jul 31 23:34:28 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20200731233428217
647-90087249-7405c181f9da2df627355596461
52a4774075ccd08f73b05e3c5cc0a8c112f3-CC-
34268009-20200731231714749465