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: 97166472

Filing Date: 12/10/2021

To the Commissioner for Trademarks:

MARK: APPROACH (Standard Characters, see mark)
The literal element of the mark consists of APPROACH. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, TILE FIVE, LLC, a limited liability company legally organized under the laws of Kansas, having an address of
      654 N Central St.
      Olathe, Kansas 66061
      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 042:  Software as a service (SAAS) services featuring software for achieving operational efficiency and strategic objectives, namely, enterprise-class operations software being accounting software, online financial processing software, website content management software, reporting and data analysis software, and software for customer relationship management and driving customer engagement and retention; Software as a service (SAAS) services featuring software that allow allow for the management and scheduling of group and individual workouts, allow member relationship management and member engagement and retention; Software as a service (SAAS) services featuring software for appointment and reservation scheduling, calendaring, customer service management, billing and payment management, and business management; providing a website featuring resources, namely, non-downloadable software for database management, communication, and scheduling within the fitness industry; Application service provider featuring application programming interface (API) software for integrating e-commerce, business, transactional, financial, operations management, member and customer engagement, and data analytics information and functionality into other software and platforms; Consulting services in the field of software and software integration, software integration services, software and services to provide for the sharing and coordination of data among software systems and applications; providing online, non-downloadable computer software to assist organizations in achieving operational efficiency and strategic objectives, namely, enterprise-class operations software, accounting software, online financial processing software, website content management software, and reporting and data analysis software; all of the foregoing provided to others in the health, fitness, recreation, and sport club industries and other membership-based organizations
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.



The owner's/holder's proposed attorney information: Daniel P. Mullarkey. Other appointed attorneys are Adam Weiss, Matthew Smith, Matt Todd, Laila S. Wolfgram, Hillary Maynard, and other attorneys at the firm. Daniel P. Mullarkey of Polsinelli PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      PO BOX 140310
      Kansas City, Missouri 64114-0310
      United States
      202-626-8305(phone)
      202-783-3535(fax)
      uspt@polsinelli.com
The docket/reference number is 101004.
Daniel P. Mullarkey 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:

Daniel P. Mullarkey

PRIMARY EMAIL FOR CORRESPONDENCE: uspt@polsinelli.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dmullarkey@polsinelli.com; jolsen@polsinelli.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 $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: /Andrew Potter/   Date: 12/10/2021
Signatory's Name: Andrew Potter
Signatory's Position: Founding Partner
Signatory's Phone Number: 8166822640
Signature method: Sent to third party for signature
Payment Sale Number: 97166472
Payment Accounting Date: 12/10/2021

Serial Number: 97166472
Internet Transmission Date: Fri Dec 10 14:32:50 ET 2021
TEAS Stamp: USPTO/BAS-X.XX.XX.XX-2021121014325078705
0-97166472-7816b9ad391c541f58e85594d53e0
4881797a34c0652543f92246b72cfc8f80-DA-32
504909-20211202140332523364