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: 98100335

Filing Date: 07/25/2023

To the Commissioner for Trademarks:

MARK: Cellfit (stylized and/or with design, see mark)
The literal element of the mark consists of Cellfit. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized word "Cellfit" inside a figurative design of a diamond whose upper and lower sides are open.
The applicant, ZAHONERO VIRGILI, S.L., a Sociedad Limitada legally organized under the laws of Spain, having an address of
      Pol. Ind. Campo Alto
      Avda. de Benelux, 91
      Elda, Alicante 03600
      Spain
      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 017:  Raw or semi-worked rubber; Raw or semi-worked gutta-percha; Raw or semi-worked gum; Raw or semi-worked mica; plastics and resins in extruded form used in manufacturing processes; caulking, stopping and insulating materials; articles and materials for sound insulation; foam insulation materials for building and construction; foam rubber; polyurethane foam (semi-finished); polyurethane foam in blocks; polyurethane foam insulation materials; foam for use in sound insulation; polyurethane foam for insulation purposes; polyurethane foam in blocks for insulation; foam for use in thermal insulation; foam for use in sound insulation; polyurethane foam in sections for use in manufacturing; foam facing for use as building insulation; polyurethane foam facing for use as building insulation; insulation panels; insulation boards; insulation fabrics; acoustic insulation; insulation fillings; thermal insulation material; acoustic insulation panels; insulation floor coverings; thermal insulation mats; industrial coatings for buildings insulation; insulation materials for construction; textile insulation padding; fibres for insulation purposes; thermal insulation material; sound insulation materials
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Spain application number 4209192, filed 03/23/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 025:  Footwear; insoles for footwear; embossed insoles for footwear of rubber or plastics; soles for footwear; Footwear toecaps; Footwear uppers; Footwear counters; Footwear fittings; non-slip soles for footwear; tongues for footwear; soles for repairing footwear
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Spain application number 4209192, filed 03/23/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5752674.


The owner's/holder's proposed attorney information: Jeffrey H. Handelsman. Other appointed attorneys are Neil F. Greenblum; Bruce H. Bernstein; William S. Boshnick; Jill M. Browning. Jeffrey H. Handelsman of Greenblum & Bernstein, P.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1950 Roland Clarke Place
      Reston, Virginia 20191-1411
      United States
      703-716-1191(phone)
      703-716-1180(fax)
      eteas@gbpatent.com
The docket/reference number is T69333.
Jeffrey H. Handelsman 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 hereby appoints Jeffrey H. Handelsman of Greenblum & Bernstein, P.L.C.
      1950 Roland Clarke Place
      Reston Virginia 20191-1411
      United States
      703-716-1191(phone)
      703-716-1180(fax)
      eteas@gbpatent.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Jeffrey H. Handelsman

PRIMARY EMAIL FOR CORRESPONDENCE: eteas@gbpatent.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Jeffrey H. Handelsman/   Date: 07/25/2023
Signatory's Name: Jeffrey H. Handelsman
Signatory's Position: Attorney for Applicant, MD Bar (Ref. :T69333)
Signatory's Phone Number: 703-716-1191
Signature method: Signed directly within the form
Payment Sale Number: 98100335
Payment Accounting Date: 07/25/2023

Serial Number: 98100335
Internet Transmission Date: Tue Jul 25 12:37:13 ET 2023
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20230725123714750
196-98100335-8606ff6efd348a01a2c1ae03c9c
3dd6c77421771baec6d33a5e4428348bdb4de2-C
C-37135250-20230725123418171936