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: 90136458

Filing Date: 08/25/2020

To the Commissioner for Trademarks:

MARK: SPARTAN FIT (stylized and/or with design, see mark)
The literal element of the mark consists of SPARTAN FIT. The applicant is not claiming color as a feature of the mark. The mark consists of the front view of a silhouette of a combat helmet centered in a rounded square frame with a splattered background and the words "SPARTAN FIT" to the right of the design.
The applicant, Spartan Race, Inc., a corporation of Delaware, having an address of
      5th Floor
      234 Congress Street
      Boston, Massachusetts 02110
      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:  Downloadable computer software to help organizations improve employee and worker health, productivity, culture and teamwork; Downloadable computer software for individual and group challenges in the fields of health, fitness, mindfulness, movement, breathing, habits, wellness, nutrition and hydration, and for measuring, tracking, score keeping, survey-taking and reporting of associated and related information and data; Downloadable computer software that allows users to track, retrieve and utilize results, information and data about fitness and exercise workouts; Audio and video recordings featuring information, tips and instruction about health, fitness and exercise

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 05/12/2020, and first used in commerce at least as early as 05/12/2020, 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) screen shot of download page from iTunes store; screen shot of login page for the app once downloaded; screen shot of app once downloaded and user signs up for subscription.
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPE0-17372157178-20200825 004258849109_._SPARTAN_FI T_a.pdf
Converted PDF file(s) (1 page)
Specimen File1




The owner's/holder's proposed attorney information: Peter J. Riebling. Other appointed attorneys are Jutta M. Frankfurter. Peter J. Riebling of RIEBLING IP, 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
      Suite 1025
      1717 Pennsylvania Avenue, N.W.
      Washington, District of Columbia 20006
      United States
      202-631-2021(phone)
      peter.riebling@rieblinglaw.com
The docket/reference number is 386499-00664.
Peter J. Riebling 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:

Peter J. Riebling

PRIMARY EMAIL FOR CORRESPONDENCE: peter.riebling@rieblinglaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@rieblinglaw.com; valerie.purdy-pyeron@rieblinglaw.com; file.room@rieblinglaw.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 $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: /Deanna Sheridan/   Date: 08/25/2020
Signatory's Name: Deanna Sheridan
Signatory's Position: General Counsel, Vice President and Corporate Secretary
Payment Sale Number: 90136458
Payment Accounting Date: 08/25/2020

Serial Number: 90136458
Internet Transmission Date: Tue Aug 25 17:17:18 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202008251717189
02764-90136458-7407b4996fed224895bd1ccc2
19c964ee4bd56894f837933eb963f1323d1c6726
9-ET-17184310-20200825004258849109