Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97063346

Filing Date: 10/07/2021

To the Commissioner for Trademarks:

MARK: TKO FITNESS (Standard Characters, see mark)
The literal element of the mark consists of TKO FITNESS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Technical Knockout, Inc., a corporation of Delaware, having an address of
      6387 Windfern Rd
      Houston, Texas 77040
      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 028:  Fitness machines, exercise equipment and accessories, namely, weights, weight plates, dumbbells, bars, kettle bells and storage racks for the foregoing, exercise equipment in the nature of straps affixed to a wall or door for performance of body resistance, resistance cords, resistance ropes, resistance straps, resistance and stretching bands, jump ropes, yoga straps, stretch bands, waist trimmer exercise belts, aerobic fitness steps, balance boards for improving strength, toning, conditioning, balance and proprioception, foam rollers, push up stands, agility ladders and cones; weight lifting equipment and benches, and hyper extension machine and chains; cardio exercise machines, namely, rowing, stationary bikes and cycles, elliptical exercise machines; strength training exercise machines and equipment, namely, chest press, shoulder press, pectoral fly, bicep curl, seated dip, back extension, abdominal benches, dip/chin assist bars, leg extensions, leg press, seated leg curl, hip abductor, tricep press, calf raise, power squat racks, functional body training apparatus, smith machines; exercise apparatus in the nature of a metal bar and chair system for body weight training; exercise equipment, namely, group functional training rigs and cages; Boxing and martial art equipment, namely, boxing gloves, training gloves, bag gloves, heavy bags, striking and speed bags, free-standing bags, double-ended bags, body shields, weightlifting wrist supports, knee supports, push up bars, pull up bars, handgrips, mouth guards, head gear, cup protectors, focus mitts, hand wraps, boxing bag swivel mechanisms, speed bag platforms, heavy bag swivel mechanisms, speed bag platforms, heavy bag stands, boxing rings, safety ropes and corner pads, shin guards, foot protectors, rib protectors, medicine balls, trainer's tape, hand and forearm pads and reflex punching bags; toy and juvenile boxing and martial art equipment, namely, boxing gloves, training gloves, heavy bags, striking and speed bags, jump ropes, mouth guards, head gear, cup protectors, focus mitts, hand wraps, boxing bag swivel mechanisms, speed bags, speed bag platforms, heavy bag stands, reflex punching bags, hand wraps, shin guards, foot protectors, rib protectors, hand and forearm pads, inflatable punching bags and bag gloves; sporting goods and related merchandise, namely, weight lifting belts, support belts, practice fitness boxing gloves, and martial art hand and foot protectors; and toy and juvenile sporting goods, namely, weight lifting belts, practice fitness boxing gloves, and martial art hand and foot protectors, weight sets, weight plates, dumbbells, weight bars, ankle and wrist weights.
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5683232 and 2690394.


The owner's/holder's proposed attorney information: Dale Paul DiMaggio. Other appointed attorneys are Kristina M. DiMaggio. Dale Paul DiMaggio of Malin Haley DiMaggio & Bowen.P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      4901 NW 17th Way, Suite 308
      Fort Lauderdale, Florida 33309
      United States
      954-763-3303(phone)
      954-522-6507(fax)
      info@mhdpatents.com
The docket/reference number is 9530.47223.
Dale Paul DiMaggio 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:

Dale Paul DiMaggio

PRIMARY EMAIL FOR CORRESPONDENCE: info@mhdpatents.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Dale Paul DiMaggio/   Date: 10/07/2021
Signatory's Name: Dale Paul DiMaggio
Signatory's Position: Attorney of Record
Signatory's Phone Number: Not Provided
Signature method: Signed directly within the form
Payment Sale Number: 97063346
Payment Accounting Date: 10/07/2021

Serial Number: 97063346
Internet Transmission Date: Thu Oct 07 11:19:20 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XX:X:XXXX:XXXX:XXXX:XXXX:
XXXX-20211007111920138355-97063346-781c3
bce13d32d372306d54bee6fcea4afda824be10cc
bf8483db4f1e83718a124-DA-19193062-202110
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