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: 98056523

Filing Date: 06/23/2023

To the Commissioner for Trademarks:

MARK: ABC (stylized and/or with design, see mark)
The literal element of the mark consists of ABC. The mark consists of the letters "A", "B" and "C" appearing in a stylized font formed by a single line.
The applicant, ABC FINANCIAL PARENT, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      2600 N. Dallas Parkway, Ste 590
      Frisco, Texas 75034
      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 computer and mobile application software used to generate meal plans and meal planning guides; Downloadable software and mobile application software in the field of exercise and fitness for use by others in the design and management of web content and enabling internet publishing, and for the purposes of allowing users to create, modify and manage webpages, to provide workout, fitness and exercise information, to manage a scheduling calendar, to build and configure workouts, to track fitness progress and workout statistics, to upload digital pictures, to manage workout plans, exercise plans, workout schedule, body composition and workout progress, to monitor, track and manage nutrition, to manage client billing, and to provide on-line training services; Downloadable software and mobile application software for facilitating business administration and management functions of exercise facilities, namely, appointment and reservation scheduling, automated and triggered communications in the nature of SMS and email, billing and payment management, business management, Calendaring, communications with clients, customer relationship management, door access, employee management, exercise planning, generating meal plans, gym membership acquisitions, integrated calling, meal planning, meal planning guides, membership service management, outsourcing, performance evaluation, performance optimization, point of sale, processing payments, providing information technology, reporting and analytics, scheduling, scheduling personal training and coaching, selling memberships, social media insights; Configurable, downloadable software and mobile application software for facilitating business administration and management functions of exercise facilities, namely, appointment and reservation scheduling, automated and triggered communications in the nature of SMS and email, billing and payment management, business management, Calendaring, communications with clients, customer relationship management, door access, employee management, exercise planning, generating meal plans, gym membership acquisitions, integrated calling, meal planning, meal planning guides, membership service management, outsourcing, performance evaluation, performance optimization, point of sale, processing payments, providing information technology, reporting and analytics, scheduling, scheduling personal training and coaching, selling memberships, social media insights
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:  Financial services for the fitness industry and its consumers, namely, payment transaction processing services for dues and other fees paid by fitness club members, providing debit card and credit card verification and processing of dues and other point of sale purchases related to member accounts and financial management of membership accounts and delinquent account recovery
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:  Providing online non-downloadable software and online non-downloadable mobile application software in the field of exercise and fitness for use by others in the design and management of web content and enabling internet publishing, and for the purposes of allowing users to create, modify and manage webpages, to provide workout, fitness and exercise information, to manage a scheduling calendar, to build and configure workouts, to track fitness progress and workout statistics, to upload digital pictures, to manage workout plans, exercise plans, workout schedule, body composition and workout progress, to monitor, track and manage nutrition, to manage client billing, and to provide on-line training services; Providing online non-downloadable software and online non-downloadable mobile application software application used to generate meal plans meal planning guides; Software as a service (saas) services featuring customizable non-downloadable software for facilitating business administration and management functions of exercise facilities, namely, appointment and reservation scheduling, automated and triggered communications in the nature of SMS and email, billing and payment management, business management, Calendaring, communications with clients, customer relationship management, door access, employee management, exercise planning, generating meal plans, gym membership acquisitions, integrated calling, meal planning, meal planning guides, membership service management, outsourcing, performance evaluation, performance optimization, point of sale, processing payments, providing information technology, reporting and analytics, scheduling, scheduling personal training and coaching, selling memberships, social media insights; Software as a service (saas) services featuring non-downloadable software for facilitating business administration and management functions of exercise facilities, namely, appointment and reservation scheduling, automated and triggered communications in the nature of SMS and email, billing and payment management, business management, Calendaring, communications with clients, customer relationship management, door access, employee management, exercise planning, generating meal plans, gym membership acquisitions, integrated calling, meal planning, meal planning guides, membership service management, outsourcing, performance evaluation, performance optimization, point of sale, processing payments, providing information technology, reporting and analytics, scheduling, scheduling personal training and coaching, selling memberships, social media insights
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: Michael D. Hobbs, Jr., Esq.. Michael D. Hobbs, Jr., Esq. of Troutman Pepper Hamilton Sanders LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      600 Peachtree Street, NE, Suite 3000
      Atlanta, Georgia 30308
      United States
      404-885-3330(phone)
      404-962-6588(fax)
      trademarks@troutman.com
The docket/reference number is 264613.65.
Michael D. Hobbs, Jr., Esq. 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:

Michael D. Hobbs, Jr., Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@troutman.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): michael.hobbs@troutman.com; shannon.falloon@troutman.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: /Brian Vidrik/   Date: 06/23/2023
Signatory's Name: Brian VIDRIK
Signatory's Position: General Counsel
Signatory's Phone Number: 000-000-0000
Signature method: Sent to third party for signature
Payment Sale Number: 98056523
Payment Accounting Date: 06/23/2023

Serial Number: 98056523
Internet Transmission Date: Fri Jun 23 15:21:49 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2023062315214951
9455-98056523-860e6ea6e1de61f6c2730bcec0
3acd604661131a5abb299cf26dcf4b32339ad61-
DA-21496720-20230622154254990199