TEAS Plus New 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

---

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

TEAS Plus Application

Serial Number: 90582617

Filing Date: 03/16/2021

To the Commissioner for Trademarks:

MARK: Born Tough (stylized and/or with design, see mark)
The literal element of the mark consists of Born Tough. The color(s) black, white, yellow, and grey is/are claimed as a feature of the mark. The mark consists of a black-and-white sketch of a toddler in a diaper with a gripped right fist wearing a black-and-white flat brim baseball hat backwards with the words "BORN TOUGH." in white depicted on the hat. The toddler is outlined by a thick white line and black line and is standing in front of a yellow square background outlined by a thick black line and with a black vertically oriented rectangle bounding the square on the left in which are the white words "BORN TOUGH." also vertically oriented. The shadows on the toddler's body are shown in grey shaded areas. The color white outside the black outlining surrounding the square represents transparent background and is not claimed as a feature of the mark.
The applicant, Born Tough Trainer LLC, a limited liability company legally organized under the laws of Florida, having an address of
      3 Turtle Walk
      Key Biscayne, Florida 33149
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Downloadable mobile applications for facilitating communication between trainers and their clients and providing users with an on-demand personal mindset training program

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/25/2020, and first used in commerce at least as early as 08/25/2020, 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, .

Original PDF file:
SPE0-824180213-2021030913 0205624863_._Specimen_of_ Use_-_IC_009.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Webpage URL: http://apps.apple.com/us/app/born-tough/id1524931404
Webpage Date of Access: 03/09/2021




The owner's/holder's proposed attorney information: Alexander Loveyko. Alexander Loveyko, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      21 SE 1st Ave, Suite 700
      Miami, Florida 33131
      United States
      305-373-7665(phone)
      alex@chaselawyers.com

Alexander Loveyko 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:

Alexander Loveyko

PRIMARY EMAIL FOR CORRESPONDENCE: alex@chaselawyers.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): admin@chaselawyers.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 $250 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: /Alexander Loveyko/   Date: 03/16/2021
Signatory's Name: Alexander Loveyko
Signatory's Position: Attorney of Record, New York Bar member
Signatory's Phone Number: 305-373-7665
Signature method: Signed directly within the form
Payment Sale Number: 90582617
Payment Accounting Date: 03/16/2021

Serial Number: 90582617
Internet Transmission Date: Tue Mar 16 17:58:20 ET 2021
TEAS Stamp: USPTO/FTK-XXX.XX.XXX.XXX-202103161758200
42167-90582617-7709afd5a972da336748a5ce6
54a19b56c587c18a167bf2bf9a07e2677248bad9
-CC-58194854-20210316175059766459