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: 90254692

Filing Date: 10/14/2020

To the Commissioner for Trademarks:

MARK: HIGH INTENSITY WORKOUT (Standard Characters, see mark)
The literal element of the mark consists of HIGH INTENSITY WORKOUT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Smoothie King Franchises, Inc., a corporation of Texas, having an address of
      9797 Rombauer Road
      Dallas, Texas 75019
      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 032:  smoothies

In International Class 032, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 08/25/2020, and first used in commerce at least as early as 08/25/2020, 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) photograph of a menu board displaying the mark in connection with the goods.

Original PDF file:
SPE0-1-192957383-20201014 124848372728_._S5840364_C l_32_spec.pdf
Converted PDF file(s) (1 page)
Specimen File1


Miscellaneous Statement
You are directed and authorized to charge or credit any difference or overpayment to our Deposit Account No. 19-4880


The owner's/holder's proposed attorney information: GABRIELLE S. ROTH. Other appointed attorneys are Leigh Ann Lindquist, Jody H. Drake, Kevin G. Smith, Stephanie K. Wade and Darlene K. Tzou. GABRIELLE S. ROTH of SUGHRUE MION, 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
      2000 PENNSYLVANIA AVENUE NW, SUITE 900
      WASHINGTON, District of Columbia 20006
      United States
      202-293-7060(phone)
      202-293-7860(fax)
      tm@sughrue.com
The docket/reference number is S5840364.
GABRIELLE S. ROTH 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:

GABRIELLE S. ROTH

PRIMARY EMAIL FOR CORRESPONDENCE: tm@sughrue.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): groth@sughrue.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: /Kathryn Kotel/   Date: 10/14/2020
Signatory's Name: Kathryn Kotel
Signatory's Position: General Counsel
Payment Sale Number: 90254692
Payment Accounting Date: 10/14/2020

Serial Number: 90254692
Internet Transmission Date: Wed Oct 14 15:31:50 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20201014153150500
770-90254692-750d3a9efa289e7afccb2d8bb5b
d4afb7f401ada7bd57c8fffa1cecc89abd38f32-
DA-31504604-20201014124848372728