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

---

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: 97497948

Filing Date: 07/11/2022

To the Commissioner for Trademarks:

MARK: LIVE HEALTHSMART ALABAMA (Standard Characters, see mark)
The literal element of the mark consists of LIVE HEALTHSMART ALABAMA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, The Board of Trustees of The University of Alabama, DBA The University of Alabama at Birmingham, a corporation of Alabama, having an address of
      c/o UAB Office of Counsel
      1720 2nd Ave. South AB 820
      Birmingham, Alabama 35295
      United States
      XXXX
The Board of Trustees of The University of Alabama, having a domicile address of:

      XXXX
      XXXX, XXXX XXXX
      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 035:  Promoting awareness of the benefits of making health, wellness, exercise, and nutritional changes in daily living to enable businesses to increase productivity and lower health care costs; Promoting public awareness of the need for community wellness efforts; Promoting public awareness of the need for good nutrition, physical activity, prevention, and wellness

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 11/19/2019, and first used in commerce at least as early as 11/19/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshot of a website featuring the mark promoting services in this class.

Original PDF file:
SPE0-2600170071602f10188c 7d6e40a8d275-202207101518 10343771_._screencapture- uab-edu-livehealthsmartal -2022-07-10-14_34_09.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://www.uab.edu/livehealthsmartal/
Webpage Date of Access: 07/10/2022

International Class 044:  Providing educational information about nutrition, exercise, prevention, health, and wellness; Providing information, news, and commentary in the fields of nutrition, exercise, prevention, health, and wellness

In International Class 044, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 11/19/2019, and first used in commerce at least as early as 11/19/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshots from websites featuring the mark in connection with promoting and providing services in this class.

Original PDF file:
SPE0-1-2600170071602f1018 8c7d6e40a8d275-2022071015 1810343771_._screencaptur e-uab-edu-livehealthsmart al-2022-07-10-14_34_09.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-2600170071602f10188c 7d6e40a8d275-202207101518 10343771_._l-resources-ho w-to-live-more-healthsmar t-2022-07-10-14_39_43.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://www.uab.edu/livehealthsmartal/resources/how-to-live-more-healthsmart
Webpage Date of Access: 07/10/2022
Webpage URL: http://www.uab.edu/livehealthsmartal/
Webpage Date of Access: 07/10/2022



The owner's/holder's proposed attorney information: Jonathan C. Hill. Other appointed attorneys are Jake M. Gipson, Jonathan Wohlwend, Michael Denniston, Ashley Robinson. Jonathan C. Hill of Bradley Arant Boult Cummings 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
      1819 Fifth Avenue N
      Birmingham, Alabama 35203
      United States
      334-956-7660(phone)
      rhill@bradley.com
The docket/reference number is 215796401093.
Jonathan C. Hill 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:

Jonathan C. Hill

PRIMARY EMAIL FOR CORRESPONDENCE: rhill@bradley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jgipson@bradley.com; ipdocketing@bradley.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 $700 has been submitted with the application, representing payment for 2 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: /Bernard Mays Jr/   Date: 07/11/2022
Signatory's Name: Bernard Mays Jr
Signatory's Position: Assistant Vice President & Controller
Signatory's Phone Number: 205-996-1277
Signature method: Sent to third party for signature
Payment Sale Number: 97497948
Payment Accounting Date: 07/11/2022

Serial Number: 97497948
Internet Transmission Date: Mon Jul 11 19:22:12 ET 2022
TEAS Stamp: USPTO/BAS-2600:1700:7160:2f10:188c:7d6e:
40a8:d275-20220711192212399785-97497948-
820eda69c58e28ee99ac633b9c496b88c1ac8608
a969c6195217044a4ea8d4fc-CC-22113861-202
20710151810343771