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)

---

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: 90337813

Filing Date: 11/23/2020

To the Commissioner for Trademarks:

MARK: BETTERBODY FOODS (Standard Characters, see mark)
The literal element of the mark consists of BETTERBODY FOODS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, BETTERBODY FOODS & NUTRITION LLC, a limited liability company legally organized under the laws of Utah, having an address of
      1762 West 20 South
      Lindon, Utah 84042
      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 035:  Providing a website featuring information in the fields of health foods and nutrition; Wholesale sales in the fields of food, beverages, and nutrition; Wholesale services featuring beverages, natural foods, organic foods, and dietary supplements; On-line wholesale services featuring beverages, natural foods, organic foods, dietary supplements, and health food alternatives; Providing a website featuring health and nutrition information; Providing a website featuring information in the nature of recipes; Information services in the fields of food and nutrition; Providing information in the fields of foods and beverages; Website providing information in the field of humanitarian contributions

In International Class 035, 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 12/31/2013, and first used in commerce at least as early as 12/31/2013, 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) website images bearing the mark.

Original PDF file:
SPE0-7516918993-202011231 83326418143_._22260.19.2_ Specimen_of_use.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-7516918993-202011231 83326418143_._Specimen_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-7516918993-202011231 83326418143_._Specimen_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-7516918993-202011231 83326418143_._Specimen_3.pdf
Converted PDF file(s) (10 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Original PDF file:
SPE0-7516918993-202011231 83326418143_._Specimen_4.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3



The owner's/holder's proposed attorney information: David B. Dellenbach. Other appointed attorneys are Adrian Lee, Angela Silvers, Brad Barger, Brittany Frandsen, Callie Rogers, Carl Reed, Charles Meeker, Dana Tangren, David Johnson, David Todd, Dustin Howell, Fraser Roy, Gerrit Winkel, Hannah Follender, LaVar Oldham, Paul Norton, Jens Jenkins, John Stringham, John Guynn, Jonathan Richards, Justin Cassell, Kirk Coombs, Levi Brown, Logan Christenson, Lynne Wang, Matthew Todd, Matthew Barlow, Matthew Healey, Michael Frodsham, Peter Malen, Peter Shiozawa, Robyn Phillips, Shane Jensen, Shelise Rupp, Sterling Fillmore, Thomas Vuksinick, Timothy Nichols, Tom Bonacci. Recognized Canadian attorney(s)/agent(s) is/are David B. Dellenbach. David B. Dellenbach of Workman Nydegger, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      60 East South Temple, Suite 1000
      Salt Lake City, Utah 84111
      United States
      801-533-9800(phone)
      801-328-1707(fax)
      docketing@wnlaw.com
The docket/reference number is 22260.19.2.
David B. Dellenbach 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:

David B. Dellenbach

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@wnlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ddellenbach@wnlaw.com; hfollender@wnlaw.com; dwilson@wnlaw.com; lbateman@wnlaw.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: /David B. Dellenbach/   Date: 11/23/2020
Signatory's Name: David B. Dellenbach
Signatory's Position: Attorney of record, Utah Bar member
Payment Sale Number: 90337813
Payment Accounting Date: 11/23/2020

Serial Number: 90337813
Internet Transmission Date: Mon Nov 23 19:00:45 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020112319004536
5544-90337813-7504bd5141dc8761453a0b145c
ab8241019ba5e1f63e53435631ca4715aa9d61-C
C-00437656-20201123183326418143