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: 97754034

Filing Date: 01/13/2023

To the Commissioner for Trademarks:

MARK: LAVA (stylized and/or with design, see mark)
The literal element of the mark consists of LAVA. The mark consists of the term LAVA below an isoceles trapezoid containing a number of triangles.
The applicant, L.A.V.A. Athletics, a corporation of Ohio, having an address of
      380 Sieber Ave.
      Akron, Ohio 44312
      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 044:  Comprehensive holistic health services; comprehensive holistic health services to improve mental, physical, and social emotional health; comprehensive holistic health services to improve health through the development of skills and decision making strategies; comprehensive holistic health services using athletic concepts and practices; comprehensive holistic health services to improve mental, physical, and social emotional health through the development of skills and decision making strategies using athletic concepts and practices; comprehensive holistic health services utilizing volunteering, casework, and community service opportunities; comprehensive holistic health services to improve mental, physical, and social emotional health to service as drug and crime prevention

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 04/01/2016, and first used in commerce at least as early as 04/01/2016, 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) Website pages showing the mark in connection with the services.
Specimen File1
Specimen File2
Webpage URL: http://www.lavaathletics.org/
Webpage Date of Access: 01/06/2023
Webpage URL: http://www.lavaathletics.org/services.html
Webpage Date of Access: 01/06/2023

International Class 025:  Clothing, namely, shirts

In International Class 025, 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 06/01/2020, and first used in commerce at least as early as 06/01/2020, 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) Shirt depicting the mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided




The owner's/holder's proposed attorney information: Zachary A. Hawks. Recognized Canadian attorney(s)/agent(s) is/are Rod Moore; James Schweikert; Larry Donovan. Zachary A. Hawks of Black McCuskey Souers & Arbaugh, LPA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      4505 Stephen Circle NW, Suite 200
      Canton, Ohio 44718
      United States
      330-456-8341(phone)
      330-456-5756(fax)
      ip@bmsa.com
The docket/reference number is 112405-0002.
Zachary A. Hawks 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:

Zachary A. Hawks

PRIMARY EMAIL FOR CORRESPONDENCE: ip@bmsa.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): zhawks@bmsa.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: /Marcus L Bentley/   Date: 01/13/2023
Signatory's Name: Marcus L. Bentley
Signatory's Position: COO
Signatory's Phone Number: 330-906-9736
Signature method: Sent to third party for signature
Payment Sale Number: 97754034
Payment Accounting Date: 01/13/2023

Serial Number: 97754034
Internet Transmission Date: Fri Jan 13 16:21:20 ET 2023
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20230113162121116
850-97754034-860885cb758cc34d0ed4e9351e1
214889264cf97f6c40c7f6c3d0312d4e67687b6e
-DA-21204501-20230113130303444650