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: 90393904

Filing Date: 12/18/2020

To the Commissioner for Trademarks:

MARK: THRIVE (Standard Characters, see mark)
The literal element of the mark consists of THRIVE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Daxko, LLC, a limited liability company legally organized under the laws of Alabama, having an address of
      600 University Park Place
      Birmingham, Alabama 35209
      United States
      205-529-5702(phone)
      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:  Business support services, namely, business office administration services, business process management, customer relationship management, and account billing services; Providing access to a listing of authorized providers of computer software and related services for connecting sellers with buyers; business networking referral services, namely, promoting the goods and services of others by passing business leads and referrals among group members; Internet marketing services for others in the health and fitness industry; providing demand creation and lead generation services for others in the health and fitness industry; advertising and marketing services for others in the health and fitness industry provided by means of indirect methods of marketing communications, namely, social media; pay per click (PPC) marketing services for others in the health and fitness industry; social media marketing services for others in the health and fitness industry
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 036:  Payment processing service for merchants which utilizes point-to-point encryption and tokenization to increase payment data security; providing electronic processing of electronic funds transfer, ACH, debit card, and electronic check payments; providing secure payment gateway services for the processing of credit card, debit card, gift card, ACH and electronic check payments; resubmission of declined, ACH, credit card and debit card payments
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 achieving operational efficiency and strategic objectives, namely, enterprise-class operations software being fundraising software, accounting software, online financial processing software, website content management software, reporting and data analysis software, and software for customer relationship management and driving customer engagement and retention; featuring software that allow gym owners, coaches, athletes, personal trainers and users to monitor, track and improve athletic performance, allow for the management and scheduling of group and individual workouts, allow member relationship management and member engagement and retention, allow for engagement and feedback among registered users through an online social network, and allow access to an online marketplace of content featuring videos, exercises and workouts for others; and featuring software for appointment and reservation scheduling, calendaring, customer service management, billing and payment management, and business management; Application service provider featuring application programming interface (API) software for integration of class schedules into a website; providing a secured-access, members only website featuring technology that gives members the ability to communicate with peers and management within their organization; providing a website featuring resources, namely, non-downloadable software for database management, communication, and scheduling within the fitness industry; Application service provider featuring application programming interface (API) software for integrating e-commerce, business, transactional, financial, operations management, member and customer engagement, and data analytics information and functionality into other software and platforms; testing, analysis and evaluation of the knowledge, skills and abilities of others in the field of software systems and applications to determine conformity with certification standards; Consulting services in the field of software and software integration, software integration services, software and services to provide for the sharing and coordination of data among software systems and applications.
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 009:  Downloadable mobile applications for tracking health and fitness performance, for accessing community scores, results, and leaderboards, for scheduling fitness workouts and activities, for providing access to a social network for engagement and feedback among registered users, and for providing access to an online marketplace of content featuring videos, exercises and workouts; Computer software to assist organizations in achieving operational efficiency and strategic objectives, namely, enterprise-class operations software, fundraising software, accounting software, online financial processing software, website content management software, and reporting and data analysis software
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.



The owner's/holder's proposed attorney information: Blake Goodsell. Other appointed attorneys are Crystal G. Wilkerson. Blake Goodsell, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      600 University Park Place
      Birmingham, Alabama 35209
      United States
      205-529-5702(phone)
      blake.goodsell@daxko.com

Blake Goodsell 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:

Blake Goodsell

PRIMARY EMAIL FOR CORRESPONDENCE: blake.goodsell@daxko.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cgwilkerson@icloud.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 $1100 has been submitted with the application, representing payment for 4 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: /Goodsell, Blake Bryant/   Date: 12/18/2020
Signatory's Name: Blake Goodsell
Signatory's Position: General Counsel
Payment Sale Number: 90393904
Payment Accounting Date: 12/18/2020

Serial Number: 90393904
Internet Transmission Date: Fri Dec 18 16:06:52 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20201218160652682363-90393904-
75079abce64ee02da42c6ac59d49bf805bc936fb
481fc34dc9f10701a58dbe4-CC-06511448-2020
1218153844348135