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: 90119182

Filing Date: 08/17/2020

To the Commissioner for Trademarks:

MARK: H (stylized and/or with design, see mark)
The literal element of the mark consists of H. The mark consists of a combination of a lowercase "h" and an uppercase "H".
The applicant, HeroWear, LLC, a limited liability company legally organized under the laws of Tennessee, having an address of
      907 Halcyon Ave.
      Nashville, Tennessee 37204
      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 009:  Exoskeleton suits that reduce forces and torques on a wearer's body and assists the wearer's movements for non-medical uses; wearable assist and support devices for preventing injury or fatigue associated with prolonged and/or repetitive movements for non-medical uses; wearable devices donned for the purpose of reducing strain, and enhancing mobility, strength and/or endurance of the user for non-medical uses

In International Class 009, 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 03/31/2020, and first used in commerce at least as early as 03/31/2020, 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) photograph of goods; screen captures from website.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5




The owner's/holder's proposed attorney information: Martha B. Allard. Other appointed attorneys are Paige W. Mills, Caitlin Wilkinson, Robert L. Brewer. Martha B. Allard of Bass, Berry & Sims PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 2800
      150 3rd Avenue South
      Nashville, Tennessee 37201
      United States
      615-742-7944(phone)
      615-248-2954(fax)
      trademarks@bassberry.com
The docket/reference number is 126847.0100.
Martha B. Allard 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:

Martha B. Allard

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@bassberry.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: /Mark Harris/   Date: 08/15/2020
Signatory's Name: Mark Harris
Signatory's Position: CEO
Payment Sale Number: 90119182
Payment Accounting Date: 08/17/2020

Serial Number: 90119182
Internet Transmission Date: Mon Aug 17 16:47:18 ET 2020
TEAS Stamp: USPTO/BAS-X.XX.XX.XX-2020081716471839477
2-90119182-74056bd23a83849912238a81fd89d
910a3e61bb5c712754b34abf28dcca17b7045-DA
-47188932-20200814165527107866