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: 97436063

Filing Date: 05/31/2022

To the Commissioner for Trademarks:

MARK: & (Standard Characters, see mark)
The literal element of the mark consists of &. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, F45 Training Incorporated, a corporation of Delaware, having an address of
      3601 S. Congress Avenue, Building E
      Austin, Texas 78704
      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 041:  Physical fitness training services; Health club services, namely, providing physical fitness, stretching and recovery training; Providing classes, workshops and seminars in the fields of fitness, stretching, recovery and exercise; physical fitness instruction and consultation; physical fitness conditioning, stretching and recovery classes; physical fitness training services, namely, providing a website featuring information on exercise, stretching, recovery and physical fitness accessible through a global computer network and mobile devices
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; café services; bar 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.

International Class 044:  Providing health spa services, namely, massages, sauna, steam room, hydromassage, therapeutic massages, and cosmetic body care services; physical therapy and physical rehabilitation; Health spa services for health and wellness of the mind, body and spirit; providing an online portal for the provision and exchange of nutrition and health information; nutrition counseling 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.



The owner's/holder's proposed attorney information: David J. Davis. Other appointed attorneys are Rebecca Lederhouse, Shima Roy, Christian S. Morgan, Emily Mola. David J. Davis of Baker & McKenzie 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
      300 East Randolph Street, Suite 5000
      Chicago, Illinois 60601
      United States
      312-861-8019(phone)
      312-698-2123(fax)
      chiusptomail@bakermckenzie.com
The docket/reference number is 220192.
David J. Davis 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:

David J. Davis

PRIMARY EMAIL FOR CORRESPONDENCE: chiusptomail@bakermckenzie.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): christian.morgan@bakermckenzie.com; david.davis@bakermckenzie.com; meri.mclaughlin@bakermckenzie.com; judy.krason@bakermckenzie.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 $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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Signatory's Phone Number: Not Provided
Payment Sale Number: 97436063
Payment Accounting Date: 05/31/2022

Serial Number: 97436063
Internet Transmission Date: Tue May 31 15:16:40 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2022053115164034
2176-97436063-82034394fc5cb703baa203cadd
6f0d49db55463da97c0a4dcc481e2e6a671fe7e-
DA-16311938-20220531151219572869