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: 97597421

Filing Date: 09/19/2022

To the Commissioner for Trademarks:

MARK: EQUINOX (Standard Characters, see mark)
The literal element of the mark consists of EQUINOX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Equinox Holdings, Inc., a corporation of Delaware, having an address of
      31 Hudson Yards
      New York, New York 10001
      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 035:  Providing incentive award programs for frequent customers of luxury hotels; administration of a customer loyalty program which provides special guest services, amenities and awards to guests of a luxury hotel; retail store services located in luxury hotels; retail store services featuring wellness-oriented items.
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 036:  Real estate services, namely, leasing and management for others of luxury residential condominiums that are focused on lifestyle, wellness and fitness; Real estate services, namely, property management services for condominium associations, homeowner associations and apartment buildings; Residential real estate agency services; Management of residential buildings; Real estate services, namely rental of residential housing; Rental of real estate in the nature of luxury residential apartments and housing; Real estate services namely, management of fitness facilities and gyms.
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 042:  Design services for facilities focused on lifestyle, wellness and fitness; Design services for 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 043:  Providing extended-stay hotel accommodations focused on lifestyle, wellness and fitness; Luxury hotels focused on lifestyle, wellness and fitness; Luxury lifestyle hotels; Luxury hotels focused on wellness; Hotel services for preferred customers of hotels focused on lifestyle, wellness and fitness; providing information in both online and non-online form to others related to hotel accommodations focused on lifestyle, wellness and fitness, amenities related thereto, and the availability thereof; providing hotel services to members of a fitness club.

In International Class 043, 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 07/15/2019, and first used in commerce at least as early as 07/15/2019, 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) web pages promoting the services.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Webpage URL: www.equinox-hotels.com
Webpage Date of Access: 09/16/2022


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4038763, 5078176, 6731972, and others.


The owner's/holder's proposed attorney information: Keith W. Medansky. Other appointed attorneys are Michael A. Geller, Hilary H. Remijas, Eugenia Schontag and Anisha Mehta. Keith W. Medansky of DLA Piper LLP (US), is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 64807
      Chicago, Illinois 60664-0807
      United States
      312-368-4000(phone)
      312-236-7516(fax)
      ch.tm@us.dlapiper.com
The docket/reference number is 384416-8.
Keith W. Medansky 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:

Keith W. Medansky

PRIMARY EMAIL FOR CORRESPONDENCE: ch.tm@us.dlapiper.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): deanne.vannatta@us.dlapiper.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 $1400 has been submitted with the application, representing payment for 4 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: /Sigrid E. Neilson/   Date: 09/19/2022
Signatory's Name: Sigrid E. Neilson
Signatory's Position: Vice President and Deputy General Counsel
Signatory's Phone Number: 2127746304
Signature method: Sent to third party for signature
Payment Sale Number: 97597421
Payment Accounting Date: 09/19/2022

Serial Number: 97597421
Internet Transmission Date: Mon Sep 19 17:39:57 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20220919173958
292356-97597421-8204e8feac58fc7233a9cd8a
bf82aba76bdd84e6aabc418dbfdba575d5d1ea45
cd-DA-39572278-20220916180306809687