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: 90342648

Filing Date: 11/25/2020

To the Commissioner for Trademarks:

MARK: SLINGER (Standard Characters, see mark)
The literal element of the mark consists of SLINGER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, SLINGER BAG CANADA INC., a corporation of Canada, having an address of
      #138
      2709 North Rolling Road
      Baltimore, Maryland 21244
      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 009:  Hardware and downloadable software for monitoring and analyzing various parameters associated with sports performance and sports play, for exercise and fitness training; downloadable mobile application software for monitoring and analyzing various parameters associated with sports performance and sports play, for exercise and fitness training; digital media, namely, downloadable audio and audiovisual recordings, all in the field of exercise, fitness, wellness, sports analysis and personal development; downloadable software in the nature of an application for use by individuals participating in physical fitness, exercise, sports, physical training, and exercise instruction for detecting, storing, analyzing and reporting various parameters of human energy expenditure and physical activity level, for developing and monitoring personal activity and sports performance, training goals and giving feedback on the achieved results; Portable electronic devices for monitoring and analyzing ball movement in sports; Portable electronic devices for monitoring and analyzing sports play, player movement and positioning, and player performance; Tracking device to be worn on the wrist of an athlete during sports events; Electronic devices for locating and tracking athletes using radio frequency, global positioning systems, and cellular communication networks; GPS tracking devices; Cameras; Sunglasses; Sport glasses
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.

International Class 010:  Heart rate monitors; Exercise monitors
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.

International Class 018:  Bags, namely, duffel bags, tote bags, travel bags, toiletry bags sold empty, and backpacks; all-purpose sports bags; umbrellas
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.

International Class 028:  Cases for tennis balls; Racket cases; Tennis ball throwing apparatus; Ball throwing apparatus; Ball collection apparatus; Ball throwing apparatus for use with racquetsports; Cases specially adapted for sports equipment; Sport balls; Racket balls; Sport rackets; Rackets for tennis, badminton, racquetball, squash, pickleball, padel, soft tennis, ping pong; Sport cases; Racket cases; Racket cases for racquetsport rackets, namely rackets for tennis, badminton, racquetball, squash, pickleball, padel, soft tennis, ping pong; Protective covers for rackets; Sports grip tape; Grip tape for racquetsport rackets; Strings for racquetsport rackets
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.

International Class 038:  Streaming of audio and video materials on the Internet; Streaming of audio and video materials on the Internet featuring physical fitness, sports training, body analysis and instruction
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.

International Class 041:  Providing classes, workshops and seminars in the fields of fitness, exercise and sports training; providing fitness and exercise facilities; physical fitness and sports training instruction and consultation; physical fitness conditioning classes; physical fitness and sports training services; physical fitness and physical performance analysis training services; providing a website featuring information on exercise, physical fitness and sports training accessible through a global computer network and mobile devices; providing non-downloadable playback of audiovisual content featuring physical fitness, sports training, training and instruction via a global communications network
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.

International Class 042:  Software as a service (SAAS) services featuring software for monitoring and analyzing various parameters associated with sports performance, sport analysis and sports play, for detecting, storing, analyzing and reporting various parameters of human energy expenditure and physical activity level, for developing and monitoring personal activity and sports performance, training goals and giving feedback on the achieved results, and for exercise and fitness training; Software as a service (SAAS) services featuring software using artificial intelligence for monitoring and analyzing various parameters associated with sports performance, sport analysis and sports play, for detecting, storing, analyzing and reporting various parameters of human energy expenditure and physical activity level, for developing and monitoring personal activity and sports performance, training goals and giving feedback on the achieved results, and for exercise and fitness training; Providing a web site featuring temporary use of non-downloadable software allowing web site users to upload on-line videos for sharing with others
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.

International Class 045:  Online social networking services
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6158818, 6053961, 4946870, and others.

Miscellaneous Statement
Applicant claims prior ownership of US. Registration No. 4192951


The owner's/holder's proposed attorney information: Harris A. Wolin. Other appointed attorneys are Brian Myers, Daniel Gross, Hay Yeung Cheung, Lori P. Hager. Harris A. Wolin of Myers Wolin, LLC, 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 202
      100 S. Jefferson Road
      Whippany, New Jersey 07981
      United States
      973-828-1284(phone)
      866-864-3947(fax)
      tm@myerswolin.com
The docket/reference number is KLFA 10526.
Harris A. Wolin 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:

Harris A. Wolin

PRIMARY EMAIL FOR CORRESPONDENCE: tm@myerswolin.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 $2200 has been submitted with the application, representing payment for 8 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: /Harris A. Wolin/   Date: 11/25/2020
Signatory's Name: Harris A. Wolin
Signatory's Position: Attorney of record, NJ Bar member
Payment Sale Number: 90342648
Payment Accounting Date: 11/25/2020

Serial Number: 90342648
Internet Transmission Date: Wed Nov 25 14:38:09 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20201125143809
115875-90342648-750d281a04b9b2c198b2dda8
754f9d3fa2c40f3d1a47ef839ad41b2d666ec9e8
61-CC-38074366-20201125134027414033