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: 90169714

Filing Date: 09/09/2020

To the Commissioner for Trademarks:

MARK: DEKA (stylized and/or with design, see mark)
The literal element of the mark consists of DEKA. 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 circular frame with a splattered background and the word "DEKA" 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 041:  Entertainment in the nature of obstacle courses, endurance events, endurance races, athletic events, sporting events and competitions; Arranging, organizing and conducting obstacle courses, endurance events, endurance races, athletic events, sporting events and competitions; Conducting fitness classes; Physical fitness training of individuals and groups; Physical fitness assessment services; Physical fitness boot camps; Consulting services in the fields of fitness and exercise; Counseling services in the fields of physical fitness and exercise; Physical fitness instruction; Providing assistance in the nature of personal training and physical fitness consultation to individuals to help them make physical fitness, strength, conditioning, and exercise improvement in their daily living; Providing a website featuring information in the fields of fitness, sports and exercise; Providing a website featuring non-downloadable videos and images in the fields of athletic competitions, fitness and exercise; Providing a website featuring blogs and non-downloadable publications in the nature of articles and magazines in the fields of fitness and exercise; Entertainment services, namely, providing podcasts in the fields of exercise, personal training, health and self-improvement; Entertainment services, namely, providing video podcasts in the fields of exercise, personal training, health and self-improvement; Educational and entertainment services, namely, providing motivational and educational speakers; Educational services, namely, conducting classes, seminars, conferences, workshops and programs in the fields of physical fitness, mental fitness, nutrition, diet, team building, survival training, behavior modification, sports, exercise, health, wellness, and self-improvement; Production and distribution of television programs, series and segments in the fields of fitness and physical training and fitness and physical training competitions; entertainment services in the nature of ongoing television series in the fields of fitness and physical training and fitness and physical training competitions provided through webcasts, video on demand sites, livestreaming with audience enabled live chat and gated internet streaming platforms; Entertainment services, namely, development, creation, production, post-production and distribution of videos in the fields of fitness, sports, exercise, athletic competitions, personal training, health, nutrition, diet, team building, survival training, behavior modification, wellness, and self-improvement; Production of pre-recorded optical, electronic, digital, magnetic and downloadable media content in the nature of television and video programs and shows; Production of sporting events for television, radio, podcast and video programs and shows; Television, radio, podcast and video program and show syndication; Creating and developing concepts for television, radio, podcast and video programs and shows; Television, radio, podcast and video recording, taping and filming services; Production of closed caption television programs and shows; Providing scheduling and content information via a website about television, radio, podcast and video programs and shows; Providing information in the fields of entertainment and sporting events via a global computer network; Entertainment services, namely, providing information, news and commentary in the fields of athletic competitions and sporting events; Entertainment services in the nature of development and production of multimedia entertainment content; Providing a website featuring non-downloadable videos and images in the field of athletic competitions provided via global computer networks, wireless communication networks and portable device applications; Providing obstacle course training facilities; Providing fitness and exercise facilities; Providing non-downloadable, digital audiovisual content in the field of fitness; Electronic publishing services, namely, publication of text and graphic works of others online featuring entertainment and athletic competitions, photographs, commentary and interviews; Multimedia publishing of television and video programs and shows and film clips; Providing news in the nature of current event reporting, namely, radio and television coverage of sporting events; Educational services, namely, providing training of teachers, educators and schools for certification in the fields of physical fitness, mental fitness, leadership, team building, and obstacle course creation; Arranging and conducting youth sports programs in the fields of obstacle courses, athletic events, sporting events and competitions, physical fitness, mental fitness, leadership, team building, and obstacle course creation; Summer camps; Sport camps; Operation of summer camps and sports camps; Educational services, namely, conducting camps in the fields of physical fitness, mental fitness, team building, and obstacle course creation and distribution of curricula and training material in connection therewith; Organizing community festivals featuring primarily sporting events, art exhibitions, provision of fitness information, health and fitness classes, musical performances, and also providing flea markets, health vendor information booths, fitness vendor information booths; Educational services, namely, providing online educational courses, lectures, seminars, workshops, presentations, podcasts, and training, all in the fields of motivation, psychology, core virtues, values, fitness, exercise, strength, conditioning, exercise, improvement, mental toughness, self-awareness, self-mastery, mental strength and control, emotional strength and control, nutrition, grit, mind-body character development, physical fitness, health, wellness, and self-improvement; providing online non-downloadable videos, non-downloadable electronic publications in the nature of magazines and articles, and non-downloadable e-books, all featuring discussions and coaching in the fields of motivation, psychology, core virtues, values, fitness, exercise, strength, conditioning, exercise improvement, mental toughness, self-awareness, self-mastery, mental strength and control, emotional strength and control, nutrition, diet, grit, mind-body character development, physical fitness, health, wellness, and self-improvement; Educational services, namely, providing online publications in the nature of non-downloadable articles, online non-downloadable podcasts, online non-downloadable videos and online non-downloadable electronic mail messages, in the fields of nutrition, diets, dietary supplements, food, food shopping lists, food selection, food recommendations, food recipes, food preparation, food cooking, health, wellness, and healthy lifestyles
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.




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 20006-3951
      United States
      202-631-2021(phone)
      peter.riebling@rieblinglaw.com
The docket/reference number is 386499-00672.
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: 09/09/2020
Signatory's Name: Deanna Sheridan
Signatory's Position: General Counsel, Vice President and Corporate Secretary
Payment Sale Number: 90169714
Payment Accounting Date: 09/09/2020

Serial Number: 90169714
Internet Transmission Date: Wed Sep 09 22:18:37 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202009092218379
48283-90169714-750d494bfe79a23ddbeb41c26
2cb39425a85ae36af15989e3ea4dcf1afc353-ET
-18370752-20200909201004118431