Application

PTO- 1478

Approved for use through 05/31/2021. 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 05/31/2021. 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: 90739856

Filing Date: 05/27/2021

To the Commissioner for Trademarks:

MARK: PIVIO (Standard Characters, see mark)
The literal element of the mark consists of PIVIO. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Australasian Conference Association Limited, a company organized under the laws of Australia, having an address of
      148 Fox Valley Road
      Wahroonga, NSW, 2076
      Australia
      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 041:  Education, training and coaching services including medical and healthcare education, training and coaching services; education, training and coaching services including developing, organising and conducting programs, competitions, workshops and seminars in the fields of fitness, wellness, wellbeing, nutrition and sport, health club services, gymnasium services, weight loss, weight management, diet management, provision of sports and exercise facilities and equipment, exercise instruction, advisory and training services, seminars, goal setting and motivational consultation; life and lifestyle coaching, tuition and instruction; sports coaching, tuition and instruction in relation to general fitness, medical care, safety, pre-employment screening, injury and illness management; physical fitness consultation and instruction; yoga and pilates instruction; physical education services; sporting and cultural activities; entertainment services including contest, competition and awards programs designed to reward program participants who exercise, make healthy eating choices, and engage in other health-promoting activities; charitable services, namely, providing education and training in the fields of fitness, wellness, nutrition, weight management and weight loss; publishing and publication services; digital imaging services; production and distribution of audio-visual programmes; production and distribution of film, video, television and radio; television studio services; production and provision of pod-casts; production and distribution of multimedia content; online and internet gaming services; organising and conducting live performances; operating and conducting of prize competitions and games of chance; information, advisory and consultancy services relating to the foregoing 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.

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 Australia application number 2173997, filed 04/27/2021.
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.


International Class 044:  Healthcare services; preventative healthcare services; health clinic services; health and health management services; health screening services; medical services including clinic services relating to healthcare, nutrition, osteoporosis and bone health; diagnostic and medical testing services; providing imaging, screening and diagnostic treatment in the field of healthcare; physical examination; the provision of medical information; information services relating to healthcare and health advisory services; consultation in the field of health precaution, healthcare and nutrition; health assessment and health risk assessment services including provision of information relating to health and risk assessment; provision of information, advice and guidance on health, diet, lifestyle, exercise and nutrition; fitness and wellbeing advice; advisory services in relation to health, beauty and nutrition related products; advisory services relating to foods and beverages for the purposes of diet, health and nutrition; consultancy services in the field of healthcare; health information services; medical and fitness testing and plans; disease and safety management services; vaccination services; managed disabilities services; provision and administration of behavioural healthcare; information and advisory services relating to healthcare and healthcare providers; online information being information, recipes and advice in relation to health care and nutrition; counselling services in this class; chiropractic, physiotherapy, acupuncture, osteopathy, sports medicine, massage and paramedical services; psychology services; naturopathy services; information, advisory and consultancy, advisory and services relating to the foregoing 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.

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 Australia application number 2173997, filed 04/27/2021.
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.




The owner's/holder's proposed attorney information: Scott S. Havlick. Other appointed attorneys are Scott S. Havlick; Andrea L. Anderson; Ester Martín, Larry H. Tronco; Kazuyo Morita; Matt Horlacher; Hope I. Hamilton; Madelon Lapidus, Amanda Marston, Jeffrey Larson, Catherine Miller, Amy J. Tindell, and Lian B. Ernette of Holland & Hart LLP. Scott S. Havlick of Holland & Hart 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
      Attn: Trademark Docketing
      P.O. Box 8749
      Denver, Colorado 80201
      United States
      303-473-2710(phone)
      303-473-2720(fax)
      docket@hollandhart.com
The docket/reference number is 83800.0034.
Scott S. Havlick 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 hereby appoints Scott S. Havlick of Holland & Hart LLP
      P.O. Box 8749
      Attn: Trademark Docketing
      Denver Colorado 80201
      United States
      303-473-2710(phone)
      303-473-2720(fax)
      docket@hollandhart.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Scott S. Havlick

PRIMARY EMAIL FOR CORRESPONDENCE: docket@hollandhart.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): atticus.trademark.nobill@hollandhart.com; shavlick@hollandhart.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: /Scott Havlick/   Date: 05/27/2021
Signatory's Name: Scott Havlick
Signatory's Position: Attorney of Record, Colorado Bar Member
Signatory's Phone Number: 303-473-2710
Signature method: Signed directly within the form
Payment Sale Number: 90739856
Payment Accounting Date: 05/27/2021

Serial Number: 90739856
Internet Transmission Date: Thu May 27 18:37:59 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021052718375930
7321-90739856-780b6452367c751979277e69ed
c309ca06ba32bee8a1ee13e171ecbcc4e9fa763e
-DA-37584253-20210527183505194662