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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88265725

Filing Date: 01/17/2019

To the Commissioner for Trademarks:

MARK: FITBIT INSPIRE (Standard Characters, see mark)
The literal element of the mark consists of FITBIT INSPIRE.
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
      199 Fremont Street, 14th Floor
      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:  Wearable activity trackers; pedometers; altimeters; personal digital assistants; personal electronic devices used to track fitness goals and statistics; portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files; wearable electronic devices, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smartphones, and personal computers through Internet websites and other computer and electronic communication networks; wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files and display screens; cables, namely charging cables; computer software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files

In International Class 009, 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 01/03/2019, and first used in commerce at least as early as 01/03/2019, 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) screen shot of a web page where customers can purchase the product.

Original PDF file:
SPE0-839136249-20190117134418729213_._Specimen_FITBIT_INSPIRE_Redacted.pdf
Converted PDF file(s) (1 page)
Specimen File1

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 Trinidad and Tobago application number 54276, filed 07/19/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4343563, 4851801, 5527527, and others.

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 33338-70007.

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, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 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

	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 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 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 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: /Melanie Chase/   Date: 01/17/2019
Signatory's Name: Melanie L. Chase
Signatory's Position: Vice President, Product Marketing
Payment Sale Number: 88265725
Payment Accounting Date: 01/18/2019

Serial Number: 88265725
Internet Transmission Date: Thu Jan 17 14:50:53 EST 2019
TEAS Stamp: USPTO/BAS-X.XX.XXX.XXX-20190117145053077
324-88265725-620794482313226bafa1e88bd67
a1d2f0ac51902d9b57caab475c4fa63169d610f-
DA-15063-20190117134418729213