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: 88505909

Filing Date: 07/09/2019

To the Commissioner for Trademarks:

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

The applicant, MyAbilities Technologies Inc., a corporation of Canada, having an address of
      5500 North Service Road, Suite 801
      Burlington, Ontario L7L6W6
      Canada

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 042:  Subscription-based application service provider (ASP) services featuring computer software for estimating and displaying a graphical summary of weight gain and weight loss scenarios arising as a result of an exercise and dietary regime; subscription-based application service provider (ASP) services featuring computer software to be used with a personal digital assistant (PDA) for monitoring caloric expenditure and recording dietary intake; subscription-based application service provider (ASP) services featuring computer software for analyzing and displaying projected weight gain and weight loss scenarios arising as a result of the monitored caloric expenditure and recorded dietary intake; subscription-based application service provider (ASP) services featuring computer software for the display and monitoring of the projected weight gain and weight loss scenarios of one or more individuals participating in exercise, weight-loss and obesity, or wellness programs; subscription-based application service provider (ASP) services featuring computer software for analyzing the functional behaviors of the musculoskeletal and cardiovascular systems of a person engaged in an exercise program; subscription-based application service provider (ASP) services featuring computer software to be used with a personal digital assistant (PDA) for monitoring physical activity and displaying feedback which guides the user through the exercise program; application service provider (ASP) services featuring a human performance computer database accessible by a person engaged in an exercise and dietary regime via a website accessible by means of a local area network or the Internet, and featuring the graphical summary and display of the projected weight gain and weight loss scenarios of one or more individuals participating in exercise, weight loss and obesity or wellness programs; providing an interactive website that enables users to order selected dietary meals and enter, access, track and monitor health and fitness information and reports tailored to the users caloric intake; providing a website allowing users to download exercise programs consisting of music and instruction.
Based on Foreign Registration: 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 submits a copy of Canada registration number TMA776069, and/or proof of renewal, registered 09/01/2010 with a renewal date of 09/01/2025 and an expiration date of 09/01/2025, and translation thereof, if appropriate.

Original PDF file:
reg-7214227190-150046691_._Certificate_of_Authenticy_for_TMA776069_dated_July_8_2019.PDF
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.


The applicant's current Attorney Information:
      Steven H. Leach of Ridout & Maybee LLP      5500 North Service Road, Suite 101
      Burlington, Ontario L7L6W6
      Canada
      +1-9053633054(phone)
      9053630248(fax)
      mail@ridoutmaybee.com (authorized)
The attorney docket/reference number is 53638-3027.

The applicant's current Correspondence Information:

Steven H. Leach

Ridout & Maybee LLP

5500 North Service Road, Suite 101

Burlington, Ontario L7L6W6, Canada

+1-9053633054(phone)

9053630248(fax)

mail@ridoutmaybee.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: /Steven H. Leach/   Date: 07/09/2019
Signatory's Name: Steven H. Leach
Signatory's Position: Applicant's Agent
Payment Sale Number: 88505909
Payment Accounting Date: 07/10/2019

Serial Number: 88505909
Internet Transmission Date: Tue Jul 09 15:15:46 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2019070915154688
4598-88505909-620e66ab5e536413c11de39678
5b8a94d1447420f2efee76af1b4f61dca32254d-
DA-1708-20190709150046691011