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: 97336543

Filing Date: 03/29/2022

To the Commissioner for Trademarks:

MARK: EMBODY (Standard Characters, see mark)
The literal element of the mark consists of EMBODY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Omni Fight Club, LLC, a limited liability company legally organized under the laws of Georgia, having an address of
      Suite 3 PMB 134
      339 Furys Ferry Road
      Martinez, Georgia 30907
      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 009:  Downloadable mobile applications for making fitness studio, wellness studio, gym, health club, health, wellness, massage and workout reservations, and for viewing live-streamed and on-demand fitness workouts
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.

International Class 035:  Providing a business support program in the nature of granting unlimited access to a global network of health, wellness and fitness facilities; Incubation services, namely, providing health, wellness and fitness space containing exercise equipment and other amenities to emerging, start-up and existing companies; Providing facilities for fitness, health and wellness programs; Online retail store services featuring fitness, health and wellness services, namely, sessions at fitness studios, gyms and health clubs; Franchise services, namely, offering business management assistance in the establishment and operation of fitness, health and wellness facilities; Membership club services, namely, providing information to members in the field of fitness, health and wellness and training to members in the field of fitness, health and wellness
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.

International Class 037:  Real estate development and construction services, namely, planning, laying out and construction of health, wellness and fitness facilities
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.

International Class 041:  Online reservation and booking services for recreational and leisure events, namely, sessions at fitness studios, gyms and health clubs; Providing non-downloadable audio/visual works and interactive multimedia, namely, non-downloadable online videos, in the field of fitness instruction and personal training, accessible via an online mobile marketplace; Physical fitness training services providing a website featuring information on exercise and physical fitness accessible through a global computer network and mobile devices; Providing fitness and exercise facilities for use by members
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.

International Class 043:  Restaurant services, namely, providing food and beverage services to health-conscious individuals; Consulting and advisory services in the fields of health, fitness and wellness
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.

International Class 044:  Health care services, namely, fitness and wellness programs; Providing information in the fields of fitness, health and wellness; Providing a website featuring information regarding healthy living and lifestyle wellness; Nutrition counseling
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: Kourtney A. Mulcahy. Kourtney A. Mulcahy of Akerman LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 1100 West Tower
      777 South Flagler Drive
      West Palm Beach, Florida 33401
      United States
      312-870-8075(phone)
      kourtney.mulcahy@akerman.com
The docket/reference number is 13366-3.
Kourtney A. Mulcahy 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:

Kourtney A. Mulcahy

PRIMARY EMAIL FOR CORRESPONDENCE: kourtney.mulcahy@akerman.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ip@akerman.com; latoya.ellerson@akerman.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 $2100 has been submitted with the application, representing payment for 6 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: /KAM/   Date: 03/29/2022
Signatory's Name: Kourtney A. Mulcahy
Signatory's Position: Attorney of Record
Signatory's Phone Number: 312-870-8075
Signature method: Signed directly within the form
Payment Sale Number: 97336543
Payment Accounting Date: 03/29/2022

Serial Number: 97336543
Internet Transmission Date: Tue Mar 29 16:30:05 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2022032916300580
0931-97336543-8202343bbaf9b4b35b4e9c5df4
5aa44ec68d1fe26346dd0aa3ee8cdc896d79c7d3
c-DA-30050545-20220329160341578607