TEAS Plus New 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

TEAS Plus Application

Serial Number: 90254047

Filing Date: 10/14/2020

To the Commissioner for Trademarks:

MARK: MEDFAST Urgent Care Centers (stylized and/or with design, see mark)
The literal element of the mark consists of MEDFAST Urgent Care Centers. The applicant is not claiming color as a feature of the mark. The mark consists of the words "MED" and "FAST" separated by the design of a blue star of life containing a Rod of Asclepius medical symbol and the words "Urgent Care Centers" underneath.
The applicant, MedFast Intellectual Holdings, LLC, a limited liability company legally organized under the laws of Florida, having an address of
      725 S. Tropical Trail
      Merritt Island, Florida 32952
      United States
      321-255-2332(phone)
      321-255-2351(fax)
      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 044:  Urgent medical care centers

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 08/31/2006, and first used in commerce at least as early as 08/31/2006, 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) Screenshots of Applicant's website bearing the applied for mark offering services to the public in interstate commerce.

Original PDF file:
SPE0-121995682-2020101410 3018257227_._2020-10-14-S pecimen1.pdf
Converted PDF file(s) (8 pages)
Specimen File1
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Original PDF file:
SPE0-121995682-2020101410 3018257227_._2020-10-14-S pecimen2.pdf
Converted PDF file(s) (22 pages)
Specimen File1
Specimen File2
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Specimen File22



SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

For informational purposes only, applicant's website address is: http://www.medfastcare.com/
The owner's/holder's proposed attorney information: Mark R. Malek. Other appointed attorneys are Kelly G. Swartz; Daniel C. Pierron. Mark R. Malek of Widerman Malek, PL, 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 201
      1990 West New Haven Avenue
      Melbourne, Florida 32904
      United States
      321-255-2332(phone)
      321-255-2351(fax)
      TMDocket@USLegalTeam.com
The docket/reference number is 390.00005.
Mark R. Malek 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:

Mark R. Malek

PRIMARY EMAIL FOR CORRESPONDENCE: TMDocket@USLegalTeam.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mark@uslegalteam.com; michelle@uslegalteam.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 $225 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: /Mark R. Malek/   Date: 10/14/2020
Signatory's Name: Mar R. Malek
Signatory's Position: Attorney of Record, Florida Bar Member
Signatory's Phone Number: 321-255-2332
Payment Sale Number: 90254047
Payment Accounting Date: 10/14/2020

Serial Number: 90254047
Internet Transmission Date: Wed Oct 14 11:55:20 ET 2020
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XX-20201014115520303
202-90254047-75029454783a26c64eed788eb93
d85614aab951237b6a1d11e9f855209d1c51f5-C
C-55190358-20201014103018257227