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: 88440515

Filing Date: 05/21/2019

To the Commissioner for Trademarks:

MARK: FITBIT CARE (Standard Characters, see mark)
The literal element of the mark consists of FITBIT CARE.
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, Suite 14
      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 041:  Health coaching services, namely, providing personal coaching services in the fields of diet, nutrition, wellness, fitness, mental health, and chronic medical condition management; health care coaching services offering calls or chats, notifications, the ability to track activities, incentive management solutions and wellness challenges; health coaching, namely, physical fitness consultation; providing personalized wellness and health coaching services; health coaching services in the field of wellness promotion, disease and condition management

In International Class 041, 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 09/00/2018, and first used in commerce at least as early as 09/00/2018, 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) brochure that describes the services.

Original PDF file:
SPE0-839136249-20190517183115690067_._FITBIT_CARE_Spec.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

       International Class 044:  Healthcare services; health services, namely, services to enable effective management of one or more chronic conditions; healthcare services, namely, wellness and prevention programs, healthcare management programs, disease management programs and medical condition management programs; providing care management services, namely, chronic care management; providing health coaching services; providing information in the fields of health, wellness, and nutrition; providing advice in the fields of health, wellness, and nutrition; individual health assessment services; providing health and wellness services, namely, personal assessments, personalized routines, maintenance schedules, fitness evaluations, and counseling; providing wellness evaluation and consultation; health counseling; counseling services in the fields of health, nutrition, and wellness, namely, personalized health coaching and behavior change support; providing information for wellness program coordinators; corporate wellness services, namely, providing assistance and consultation to corporate clients to help their employees make health, fitness, wellness and nutritional changes in their daily living to improve health in the nature of wellness and health-related consulting services

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 09/00/2018, and first used in commerce at least as early as 09/00/2018, 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) brochure that describes the services.

Original PDF file:
SPE0-1-839136249-20190517183115690067_._FITBIT_CARE_Spec.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3732334, 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 33338-70008.

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 $550 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 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: /Mark Fritts/   Date: 05/21/2019
Signatory's Name: Mark Fritts
Signatory's Position: Senior Director of Marketing, Health Solutions
Payment Sale Number: 88440515
Payment Accounting Date: 05/22/2019

Serial Number: 88440515
Internet Transmission Date: Tue May 21 20:33:28 EDT 2019
TEAS Stamp: USPTO/BAS-X.XX.XXX.XXX-20190521203328884
102-88440515-620b88c12f73b97fee3b5af9902
94d37e5eb7add033cd39a5bb82db1d80894448-D
A-5869-20190520180232323097