Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90559542

Filing Date: 03/04/2021

To the Commissioner for Trademarks:

MARK: AIR AS IT WAS MEANT TO BE (Standard Characters, see mark)
The literal element of the mark consists of AIR AS IT WAS MEANT TO BE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, TrainingMask L.L.C., a limited liability company legally organized under the laws of Michigan, having an address of
      2141 Plett Road
      Cadillac, Michigan 49601
      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:  Filters for non-medical respiratory masks; filters for non-medical protective face masks and breathing apparatus, namely, non-medical respiratory mask filters; air filtration masks for non-medical use, namely, respiratory masks for non-medical purposes

In International Class 009, 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 02/01/2021, and first used in commerce at least as early as 02/01/2021, 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) photo of mark on packaging.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 028:  Body-training apparatus; exercise equipment, namely, resistance training exercise masks which restrict and filter airflow and filters therefor; physical fitness equipment, namely, resistance training exercise masks which restrict and filter airflow and filters therefor; body training apparatus for sports, recreational activities and outdoor activities; body-training apparatus, namely, resistance training exercise masks and filters therefor; face masks which restrict and filter airflow for outdoor sports and recreational activities, namely, walking, jogging, running, cross-training, and weightlifting, and filters therefor

In International Class 028, 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 02/01/2021, and first used in commerce at least as early as 02/01/2021, 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) photo of mark on packaging.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided



The owner's/holder's proposed attorney information: Joseph Agostino. Joseph Agostino of Greenberg Traurig, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 400
      500 Campus Drive
      Florham Park, New Jersey 07932-0677
      United States
      973-443-3572(phone)
      njdocket@gtlaw.com
The docket/reference number is 150137044200.
Joseph Agostino 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:

Joseph Agostino

PRIMARY EMAIL FOR CORRESPONDENCE: njdocket@gtlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): agostinoj@gtlaw.com; newgentk@gtlaw.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 $700 has been submitted with the application, representing payment for 2 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: /Joseph Agostino/   Date: 03/04/2021
Signatory's Name: Joseph Agostino
Signatory's Position: Attorney of record, New Jersey Bar member
Signatory's Phone Number: 973-443-3572
Signature method: Sent to third party for signature
Payment Sale Number: 90559542
Payment Accounting Date: 03/04/2021

Serial Number: 90559542
Internet Transmission Date: Thu Mar 04 11:35:26 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20210304113526051
344-90559542-770e765855c1cfb7e3a5daf1638
65db2f347ceabc498b30dc8835546e4e6f74-DA-
35250846-20210304112625695065