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: 90149235

Filing Date: 08/31/2020

To the Commissioner for Trademarks:

MARK: NTS (Standard Characters, see mark)
The literal element of the mark consists of NTS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Predictive Fitness, Inc., Formerly Predictive Fitness, LLC, a corporation of Delaware, having an address of
      2600 E Southlake Blvd
      Southlake, Texas 76092
      United States
      XXXX
Domiciled at: 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 application software for personal computers, mobile phones, portable media players, and handheld computers, namely, software for creating customized athletic training plans; downloadable computer application software from servers and the internet for creating customized athletic training plans and athletic race execution plans
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.

International Class 016:  Printed training materials in the field of athletics
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.

International Class 041:  Providing information relating to sports and sporting events
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.

International Class 042:  Providing temporary use of on-line non-downloadable software for creating customized athletic training plans and athletic race execution plans
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.



For informational purposes only, applicant's website address is: tridot.com

The owner's/holder's proposed attorney information: Theodore F Shiells. Other appointed attorneys are Theodore F Shiells. Recognized Canadian attorney(s)/agent(s) is/are Theodore F Shiells. Theodore F Shiells of Shiells Law Firm P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      509 Elm Street
      509 Elm Street, No. 201
      Dallas, Texas 75202
      United States
      214-979-7312(phone)
      tfshiells@shiellslaw.com
The docket/reference number is BOOH 4444300.
Theodore F Shiells 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:

Theodore F Shiells

PRIMARY EMAIL FOR CORRESPONDENCE: tfshiells@shiellslaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): admin@shiellslaw.com; shiells@blackhillsip.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: /Theodore F Shiells/   Date: 08/31/2020
Signatory's Name: Theodore F Shiells
Signatory's Position: Attorney for applicant, Texas bar member
Payment Sale Number: 90149235
Payment Accounting Date: 08/31/2020

Serial Number: 90149235
Internet Transmission Date: Mon Aug 31 16:16:21 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202008311616213
42916-90149235-7505f4498c5ea5e5b5182d6fb
c26fe7e4da358bd486a711bd4594fa988cd2d5-D
A-16213527-20200831161304294531