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: 90446848

Filing Date: 01/04/2021

To the Commissioner for Trademarks:

MARK: SMARTCOACH (Standard Characters, see mark)
The literal element of the mark consists of SMARTCOACH. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Fox 40 International Inc., a corporation of Canada, having an address of
      900 Wilshire Drive, Ste. 300
      Troy, Michigan 48084
      United States
      XXXX
Domiciled at: 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 042:  Software for functionalizing a tablet computer, laptop and phone to serve the function of a sports coaching board; software for diagramming tactical movements in sport for coaching purposes
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2060265, filed 10/28/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4489435.


The owner's/holder's proposed attorney information: Gary W. Donohue. Other appointed attorneys are Mark D. Schneider, MI Bar Member, P55253, 1998. Gary W. Donohue of Dinsmore & Shohl LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      900 Wilshire Drive, Ste. 300
      Troy, Michigan 48084
      United States
      248-647-6000 x7642(phone)
      248-647-5210(fax)
      Trademarks@dinsmore.com
The docket/reference number is 122771-53.
Gary W. Donohue 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:

Gary W. Donohue

PRIMARY EMAIL FOR CORRESPONDENCE: Trademarks@dinsmore.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Gary.Donohue@DINSMORE.COM; Mark.Schneider@Dinsmore.com; Victoria.Ascroft@DINSMORE.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 $350 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: /gary.w.donohue/   Date: 01/04/2021
Signatory's Name: Gary W. Donohue
Signatory's Position: Of Counsel, Dinsmore & Shohl LLP
Signatory's Phone Number: 248-647-6000 x7642
Signature method: Sent to third party for signature
Payment Sale Number: 90446848
Payment Accounting Date: 01/04/2021

Serial Number: 90446848
Internet Transmission Date: Mon Jan 04 14:40:34 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20210104144034635
826-90446848-7608eb117216f4c3ac58f9c918b
f5be682ea1295b7ac92e48836b414c2b3afa57-C
C-40334432-20210104123514270906