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: 90100329

Filing Date: 08/07/2020

To the Commissioner for Trademarks:

MARK: XMARK FITNESS (Standard Characters, see mark)
The literal element of the mark consists of XMARK FITNESS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, BTX Corp., LLC, a limited liability company legally organized under the laws of Louisiana, having an address of
      7144 West Park Road
      Shreveport, Louisiana 71129
      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:

International Class 028:  Fitness equipment, namely, pilates equipment, namely, toe bars, reformers and resistance bands; inversion tables

In International Class 028, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 12/31/2011, and first used in commerce at least as early as 12/31/2011, 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) a copy of the owner's manual provided by applicant to consumers with the goods offered and sold by applicant in connection with its use of the mark sought to be registered.

Original PDF file:
SPE0-737699248-2020080715 3350213697_._XMark_Fitnes s_XM-7604_Owners_Manual.pdf
Converted PDF file(s) (11 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11


Disclaimer
No claim is made to the exclusive right to use FITNESS apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3874659.

Miscellaneous Statement
BTX Corp., LLC is the present owner of all shares of Bayou Fitness Products, LLC, the owner of U.S. Reg. no. 3,874,659


The owner's/holder's proposed attorney information: Patrick K. Steele. Patrick K. Steele of Steele IP Law, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      12345 Jones Road, Suite 200
      Houston, Texas 77070
      United States
      832-678-2349(phone)
      832-678-2354(fax)
      tmdocketing@steeleiplaw.com
The docket/reference number is BAYO-0068.
Patrick K. Steele 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:

Patrick K. Steele

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@steeleiplaw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $275 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: /Patrick K Steele/   Date: 08/07/2020
Signatory's Name: Patrick K. Steele
Signatory's Position: Attorney of record, Texas bar member
Payment Sale Number: 90100329
Payment Accounting Date: 08/07/2020

Serial Number: 90100329
Internet Transmission Date: Fri Aug 07 15:49:27 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20200807154927518
893-90100329-740ff65c1d2b4a49a33f6b4ad94
94b8a9525b5e1eec195d59e93b4b7ce69ce5a-CC
-49266653-20200807153350213697