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: 90232602

Filing Date: 10/02/2020

To the Commissioner for Trademarks:

MARK: ATLANTIS (stylized and/or with design, see mark)
The literal element of the mark consists of ATLANTIS. The applicant is not claiming color as a feature of the mark. The mark consists of a circular device consisting of three partial overlapping loops that start from the bottom right of the circular device and end in the middle with the word ATLANTIS in capital letters in a stylized font to the right of the device.
The applicant, CENTRE DE CONDITIONNEMENT PHYSIQUE ATLANTIS INC., a Quebec Corporation having an address of
      4745 Avenue Des Industries
      Laval, QC H7C1A1
      Canada
      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 028:  Abdominal benches for exercise; Abdominal boards for exercise; Ankle weights; Ankle weights for exercise; Dumb-bell shafts for weight lifting; Dumb-bells for weight lifting; Dumbbells; Exercise bars; Exercise benches; Exercise equipment, namely, weight training machines for developing all the muscles of the human body; Exercise platforms; Exercise pulleys; Exercise safety bars; Exercise trampolines; Exerciseweights; Free weights for physical exercise; Free weights for weightlifting; Kettlebells; Manually-operated exercise equipment, namely, exercise tables and benches, wall units having manually operated pulleys and springs for resistive athletic exercises, exercise platforms and exercise platform extenders, exercise chairs, exercise equipment for vertical movement in the nature of ladder climbing, exercise footbars, exercise jumpboards, spring bars for exercising, handles, loops, and straps used with exercise equipment for athletic exercises, cushions, poles, boxes, mats, exercise weights, pulleys and bars, exercising pulleys and machines for providing exercise by applying resistance to the user's movements; Rowing exercise machines; Weight lifting machines; Weightlifting benches.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2053307, filed 09/23/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 041:  Fitness training; Personal fitness training services; Physical education services; Physical fitness consulting services; Physical fitness instruction; Providing gymnasiums; Providing information in the field of exercise via an interactive website; Providing obstacle course training gym facilities; Providing exercise and physical conditioning facilities to the public.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2053307, filed 09/23/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Gordon E. R. Troy, Esq.. Gordon E. R. Troy, Esq. of Gordon E. R. Troy, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      P.O. Box 1180
      Shelburne, Vermont 05482
      United States
      802-881-0640(phone)
      646-588-1962(fax)
      uspto@webtm.com
The docket/reference number is TM205160.
Gordon E. R. Troy, Esq. 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 hereby appoints Gordon E. R. Troy, Esq. of Gordon E. R. Troy, PC
      P.O. Box 1180
      Shelburne Vermont 05482
      United States
      802-881-0640(phone)
      646-588-1962(fax)
      uspto@webtm.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Gordon E. R. Troy, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: uspto@webtm.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 $550 has been submitted with the application, representing payment for 2 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: /Gordon E. R. Troy/   Date: 10/02/2020
Signatory's Name: Gordon E. R. Troy, Esq.
Signatory's Position: Attorney of record, Vermont bar member
Payment Sale Number: 90232602
Payment Accounting Date: 10/02/2020

Serial Number: 90232602
Internet Transmission Date: Fri Oct 02 16:20:06 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20201002162006581
317-90232602-7506c45bacf2c338a66613242fd
efd037fff45ef2c2e074f028332ad23668030-CC
-20056472-20201002153823722023