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: 97145858

Filing Date: 11/29/2021

To the Commissioner for Trademarks:

MARK: LG FITNESS (Standard Characters, see mark)
The literal element of the mark consists of LG FITNESS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, LG CORP., a corporation of Korea, South, having an address of
      128, Yeoui-daero, Yeongdeungpo-gu,
      Seoul 07336
      Korea, South
      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:  Downloadable software for smart TV relating to exercise and fitness; software for transmitting and broadcasting exercise and fitness related contents; downloadable digital video recordings relating to exercise and fitness; prerecorded fitness DVDs; TV set-top boxes; smart set-top box; TV remote controls; smart remote controllers; augmented reality software; virtual reality headsets; virtual reality goggles; wearable computers; electronic sports training simulators; downloadable multimedia file; smartglasses; smartwatches; smart pad; three dimensional viewers; televisions; digital signage
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 Korea, South application number 4020210237759, filed 11/23/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 038:  Video-on-demand transmissions relating to exercise and fitness; video-on-demand broadcasting relating to exercise and fitness; broadcasting services and provision of telecommunication access to video and audio content provided via a video-on-demand service via the Internet; transmission of data, audio, video and multimedia files, including downloadable files and files streamed over a global computer network; interactive broadcasting and communications services; transmission of mobile content via a smart phone; broadcasting of television programs, motion picture films, and other audiovisual and multimedia content via Internet protocol and communication networks; transmission of videos, movies, pictures, images, text, photos, games, user-generated content, audio content, and information via the Internet; transmission of television content; providing access to electronic information, communication and transaction platforms on the Internet; providing access to databases or internet information; electronic bulletin board services; providing user access to a global computer network for social network services ; education broadcasting; providing the access to databases (education, internet broadcasting)
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 Korea, South application number 4020210237759, filed 11/23/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 041:  Conducting fitness classes; health and fitness training; fitness and exercise club services; instruction of physical fitness; physical fitness training services; providing information about exercise and fitness via a website; conducting exercise and fitness classes via the smart TV or smart phone application; providing information relating to exercise and fitness via the smart TV or smart phone application; educational and instruction services relating to sport; arranging and conducting of sporting competitions and sporting events; providing sports facilities; instruction in weight training; providing sports information from a web site; booking of seats for shows and sports events; providing entertainment and amusement information; training services provided via simulators; instruction and training services; electronic publishing services; education courses through the internet; gaming 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 Korea, South application number 4020210237759, filed 11/23/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Michael T. Smith. Other appointed attorneys are Paul C. Lewis; Chad J. Billings; Alexander P. Taousakis; James T. Eller; Esther H. Chong; David A. Bilodeau. Michael T. Smith of Birch Stewart Kolasch & Birch, 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
      8110 Gatehouse Road, Suite 100 East
      Falls Church, Virginia 22042
      United States
      703-205-8000(phone)
      703-205-8050(fax)
      mailroom@bskb.com
The docket/reference number is 0465-8294US1.
Michael T. Smith 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:

Michael T. Smith

PRIMARY EMAIL FOR CORRESPONDENCE: mailroom@bskb.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 $1050 has been submitted with the application, representing payment for 3 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: /Michael T. Smith/   Date: 11/29/2021
Signatory's Name: Michael T. Smith
Signatory's Position: Attorney of record, West Virginia Bar member
Signatory's Phone Number: 703-205-8000
Signature method: Sent to third party for signature
Payment Sale Number: 97145858
Payment Accounting Date: 11/29/2021

Serial Number: 97145858
Internet Transmission Date: Mon Nov 29 11:21:56 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202111291121569
16414-97145858-781ff5ee7d5df75e8bfedb3a1
cec6293f1849da1082eb3de2197bcdf5ac98bcd-
CC-21554703-20211129111223499070