TEAS Plus New Application

F T

FitTheorem

Trademark/Service Mark Application, Principal Register

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

TEAS Plus Application

Serial Number: 90145874
Filing Date: 08/28/2020

NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application.


The table below presents the data as entered.

Input Field
Entered
TEAS Plus YES
MARK INFORMATION
*MARK \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1 \ FTK0002.JPG
*SPECIAL FORM YES
USPTO-GENERATED IMAGE NO
LITERAL ELEMENT F T
*COLOR MARK YES
*COLOR(S) CLAIMED
(If applicable)
The color(s) yellow is/are claimed as a feature of the mark.
*DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the yellow letters F and T combined together with a yellow dot above the letters to mimic a human form.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 559 x 471
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK FitTheorem
*MAILING ADDRESS 13907 Palmer Glen Lane
*CITY Houston
*STATE
(Required for U.S. applicants)
Texas
*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
*ZIP/POSTAL CODE
(Required for U.S. and certain international addresses)
77044
*EMAIL ADDRESS XXXX
WEBSITE ADDRESS www.fittheorem.com
LEGAL ENTITY INFORMATION
*TYPE CORPORATION
* STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION Texas
GOODS AND/OR SERVICES AND BASIS INFORMATION
*INTERNATIONAL CLASS 005 
*IDENTIFICATION Dietary supplements
*FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2020
       FIRST USE IN COMMERCE DATE At least as early as 01/01/2020
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPE0-2603300c1844dc00f5ef b43d5d8a85f-2020082815562 3759677_._supplement_Heal th___Fittheorem.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0003.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0004.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0005.JPG
       SPECIMEN DESCRIPTION Applicant's website selling products
*INTERNATIONAL CLASS 009 
*IDENTIFICATION Downloadable computer software for fitness training and education
*FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2020
       FIRST USE IN COMMERCE DATE At least as early as 01/01/2020
       SPECIMEN FILE NAME(S)
       JPG FILE(S) \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1 \ FTK0006.JPG
       ORIGINAL PDF FILE SPE0-2603300c1844dc00f5ef b43d5d8a85f-2020082815562 3759677_._app_FIT_THEOREM _-_Apps_on_Google_Play.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0007.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0008.JPG
       SPECIMEN DESCRIPTION Applicant's app store listing and website showing app features
*INTERNATIONAL CLASS 025 
*IDENTIFICATION Sports bra; Bottoms as clothing; Tops as clothing
*FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2020
       FIRST USE IN COMMERCE DATE At least as early as 01/01/2020
       SPECIMEN FILE NAME(S)
       JPG FILE(S) \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1 \ FTK0018.JPG
       ORIGINAL PDF FILE SPE0-2603300c1844dc00f5ef b43d5d8a85f-2020082815562 3759677_._Fittgear___Fitt heorem.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0009.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0010.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0011.JPG
       ORIGINAL PDF FILE SPE0-1-2603300c1844dc00f5 efb43d5d8a85f-20200828155 623759677_._Fittgear___Fi ttheorem.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0012.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0013.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0014.JPG
       ORIGINAL PDF FILE SPE0-2603300c1844dc00f5ef b43d5d8a85f-2020082815562 3759677_._Fittgear___Page _2___Fittheorem.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0015.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0016.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0017.JPG
       SPECIMEN DESCRIPTION Applicant's website showing products for sale
*INTERNATIONAL CLASS 041 
*IDENTIFICATION Physical fitness consultation; Physical fitness instruction; Physical fitness studio services, namely, providing exercise classes, body sculpting classes, and group fitness classes; Physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; Providing fitness and exercise facilities
*FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2020
       FIRST USE IN COMMERCE DATE At least as early as 01/01/2020
       SPECIMEN FILE NAME(S)
       JPG FILE(S) \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1 \ FTK0026.JPG
       ORIGINAL PDF FILE SPE0-98196173122-20200826 140137443961_._wwwwww.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0019.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0020.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0021.JPG
       ORIGINAL PDF FILE SPE0-98196173122-20200826 140137443961_._Fittheorem ___Results_by_Design_web.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0022.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0023.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0024.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0025.JPG
       SPECIMEN DESCRIPTION Applicant's point of sale on website featuring the mark
*INTERNATIONAL CLASS 044 
*IDENTIFICATION Counseling services in the fields of health, nutrition and lifestyle wellness; Nutrition counseling
*FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2020
       FIRST USE IN COMMERCE DATE At least as early as 01/01/2020
       SPECIMEN FILE NAME(S)
       JPG FILE(S) \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1 \ FTK0029.JPG
       ORIGINAL PDF FILE SPE0-98196173122-20200826 140137443961_._Fittheorem ___Results_by_Design.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0027.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\901\458\90145874\xml1\ FTK0028.JPG
       SPECIMEN DESCRIPTION Applicant's point of sale on their website and post concerning nutritional services featuring the mark
ADDITIONAL STATEMENTS SECTION
*TRANSLATION
(if applicable)
 
*TRANSLITERATION
(if applicable)
 
*CLAIMED PRIOR REGISTRATION
(if applicable)
 
*CONSENT (NAME/LIKENESS)
(if applicable)
*CONCURRENT USE CLAIM
(if applicable)
 
ATTORNEY INFORMATION
NAME John Davis
ATTORNEY DOCKET NUMBER FT Logo
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Kearney, McWilliams & Davis
STREET 55 Waugh #150
CITY Houston
STATE Texas
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
ZIP/POSTAL CODE 77007
PHONE 713-936-9622
FAX 7139369622
EMAIL ADDRESS jdavis@kmd.law
OTHER APPOINTED ATTORNEY Bradley Nevills, Matt McWilliams, Jordan Franklin
CORRESPONDENCE INFORMATION
NAME John Davis
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jdavis@kmd.law
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) bnevills@kmd.law; bfarine@kmd.law; jfranklin@kmd.law
FEE INFORMATION
APPLICATION FILING OPTION TEAS Plus
NUMBER OF CLASSES 5
APPLICATION FOR REGISTRATION PER CLASS 225
*TOTAL FEES DUE 1125
*TOTAL FEES PAID 1125
SIGNATURE INFORMATION
* SIGNATURE /John Davis/
* SIGNATORY'S NAME John Davis
* SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 713-936-9622
* DATE SIGNED 08/28/2020



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

TEAS Plus Application

Serial Number: 90145874
Filing Date: 08/28/2020

To the Commissioner for Trademarks:

MARK: F T (stylized and/or with design, see mark)
The literal element of the mark consists of F T. The color(s) yellow is/are claimed as a feature of the mark. The mark consists of the yellow letters F and T combined together with a yellow dot above the letters to mimic a human form.
The applicant, FitTheorem, a corporation of Texas, having an address of
      13907 Palmer Glen Lane
      Houston, Texas 77044
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 005:  Dietary supplements

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/01/2020, and first used in commerce at least as early as 01/01/2020, 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) Applicant's website selling products.

Original PDF file:
SPE0-2603300c1844dc00f5ef b43d5d8a85f-2020082815562 3759677_._supplement_Heal th___Fittheorem.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Downloadable computer software for fitness training and education

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/01/2020, and first used in commerce at least as early as 01/01/2020, 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) Applicant's app store listing and website showing app features.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-2603300c1844dc00f5ef b43d5d8a85f-2020082815562 3759677_._app_FIT_THEOREM _-_Apps_on_Google_Play.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 025:  Sports bra; Bottoms as clothing; Tops as clothing

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/01/2020, and first used in commerce at least as early as 01/01/2020, 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) Applicant's website showing products for sale.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-2603300c1844dc00f5ef b43d5d8a85f-2020082815562 3759677_._Fittgear___Fitt heorem.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-1-2603300c1844dc00f5 efb43d5d8a85f-20200828155 623759677_._Fittgear___Fi ttheorem.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-2603300c1844dc00f5ef b43d5d8a85f-2020082815562 3759677_._Fittgear___Page _2___Fittheorem.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Physical fitness consultation; Physical fitness instruction; Physical fitness studio services, namely, providing exercise classes, body sculpting classes, and group fitness classes; Physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; Providing fitness and exercise facilities

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/01/2020, and first used in commerce at least as early as 01/01/2020, 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) Applicant's point of sale on website featuring the mark.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-98196173122-20200826 140137443961_._wwwwww.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-98196173122-20200826 140137443961_._Fittheorem ___Results_by_Design_web.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 044:  Counseling services in the fields of health, nutrition and lifestyle wellness; Nutrition counseling

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 044, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/01/2020, and first used in commerce at least as early as 01/01/2020, 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) Applicant's point of sale on their website and post concerning nutritional services featuring the mark.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-98196173122-20200826 140137443961_._Fittheorem ___Results_by_Design.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



For informational purposes only, applicant's website address is: www.fittheorem.com
The owner's/holder's proposed attorney information: John Davis. Other appointed attorneys are Bradley Nevills, Matt McWilliams, Jordan Franklin. John Davis of Kearney, McWilliams & Davis, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      55 Waugh #150
      Houston, Texas 77007
      United States
      713-936-9622(phone)
      7139369622(fax)
      jdavis@kmd.law
The docket/reference number is FT Logo.
John Davis 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:
      John Davis
       PRIMARY EMAIL FOR CORRESPONDENCE: jdavis@kmd.law
       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bnevills@kmd.law; bfarine@kmd.law; jfranklin@kmd.law


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 $1125 has been submitted with the application, representing payment for 5 class(es).

Declaration

Declaration Signature

Signature: /John Davis/   Date: 08/28/2020
Signatory's Name: John Davis
Signatory's Position: Attorney of Record
Signatory's Phone Number: 713-936-9622
Payment Sale Number: 90145874
Payment Accounting Date: 08/28/2020

Serial Number: 90145874
Internet Transmission Date: Fri Aug 28 17:03:44 ET 2020
TEAS Stamp: USPTO/FTK-XXXX:XXXX:XXXX:XXXX:XXXX:XXX:X
XXX:XXXX-20200828170344500044-90145874-7
404b118d14e91dc14fd96ebbe6c413153a0b935c
43e6d5592f677be149b1c26-ET-03438891-2020
0828155623759677

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