TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 87295329

Filing Date: 01/10/2017

To the Commissioner for Trademarks:

MARK: MAKE LIFE A WORKOUT (Standard Characters, see mark)
The literal element of the mark consists of MAKE LIFE A WORKOUT.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Fitbit, Inc., a corporation of Delaware, having an address of
      405 Howard Street, Suite 550
      San Francisco, California 94105
      United States

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:  Multifunctional electronic devices; computer software; computer application software for smart phones and mobile devices; pedometers; altimeters; multifunctional electronic devices for displaying, measuring, and uploading to the Internet information including time, date, heart rate, global positioning, direction, distance, altitude, speed, steps taken, calories burned, navigational information, biometric information, temperature, changes in heart rate, activity level, hours slept, quality of sleep, and silent wake alarm; fitness equipment; scales and personal weighing scales; computer software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index; Computer software for managing information regarding tracking, compliance and motivation with a health and fitness program; scales for measuring body weight and estimating body fat percentage; watches; timepieces; watch straps; watch bands; jewelry; bracelets; pendants; backpacks; clothing; providing online forums and electronic bulletin boards for registered users for transmission of messages concerning food, nutrition, personal activities, fitness, general interest, classifieds, virtual community, and social networking; providing a website featuring information regarding fitness; conducting fitness classes; physical fitness conditioning classes; fitness boot camps; yoga classes; boxing and kickboxing fitness classes; providing classes in the fields of fitness, wellness, and exercise; pre-recorded athletic and fitness sessions; software as a service (SaaS) services featuring software for displaying, aggregating, analyzing and organizing data and information in the fields of health, wellness, fitness, physical activity, weight management, sleep, biometrics, and nutrition; software as a service (SaaS) services featuring software for creating personalized physical fitness training programs; providing a website featuring information regarding nutrition, dieting, wellness, and health; corporate wellness services
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.


For informational purposes only, applicant's website address is: www.fitbit.com

The applicant's current Attorney Information:
      Karen A. Webb and all other attorneys of Fenwick & West LLP
      Silicon Valley Center
      801 California Street
      Mountain View, California 94041
      United States
      (650) 988-8500(phone)
      (650) 938-5200(fax)
      trademarks@fenwick.com (authorized)
The attorney docket/reference number is 33338-00072.

The applicant's current Correspondence Information:

Karen A. Webb

Fenwick & West LLP

Silicon Valley Center       801 California Street

Mountain View, California 94041

(650) 988-8500(phone)

(650) 938-5200(fax)

trademarks@fenwick.com;driggio@fenwick.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce 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/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory believes that 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. 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 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: /Edward M. Scal/   Date: 01/10/2017
Signatory's Name: Edward M. Scal
Signatory's Position: Chief Business Officer
RAM Sale Number: 87295329
RAM Accounting Date: 01/11/2017

Serial Number: 87295329
Internet Transmission Date: Tue Jan 10 13:53:46 EST 2017
TEAS Stamp: USPTO/BAS-X.XX.XXX.XXX-20170110135346648
860-87295329-570a9c730fcfccf9626b22a9a91
2cc06aa189e7514df476a7a152e4171f5ee4ea5-
DA-133-20170104215406380723