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: 88593377

Filing Date: 08/26/2019

To the Commissioner for Trademarks:

MARK: INCLUDECONNECT (Standard Characters, see mark)
The literal element of the mark consists of INCLUDECONNECT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, IncludeHealth Inc., a corporation of Delaware, having an address of
      6000 Mason Montgomery Road
      Mason, Ohio 45040
      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:  Computer hardware and software systems for connecting, managing, and enabling communication among IoT (Internet of Things) devices over a network; Computer software to secure interaction between and among users, computer networks, the internet, and connected devices; Downloadable software program for use in monitoring, tracking, transmitting and receiving information from, or sending information to, electronic or computerized communication devices in the internet of things; Computer application software, namely, software for communicating information in the field of health and exercise; Consumer focused health and fitness software application that gives real time personalized and actionable wellness recommendations; Consumer focused health and fitness downloadable software application that gives real time personalized and actionable wellness recommendations
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.

International Class 028:  Exercise machines configured to allow users to communicate with a computer network and to monitor their physical exercise and workouts on the exercise machines and the results of that exercise, to receive instructions regarding the configuration of the exercise machine, and to receive, measure, process, transmit, upload to the Internet, display, store, and share information relating to exercise results, heart rate, body mass, calories burned, and health and fitness generally.
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.

International Class 042:  Providing temporary use of non-downloadable cloud-based software for connecting, operating, and managing networked exercise machines in the internet of things (IoT); Software as a service (SAAS) services featuring software for communicating information in the field of health and exercise; Software as a service (SaaS) services featuring software that allows users to monitor their physical exercise and workouts on an exercise machine and the results of that exercise, to receive instructions regarding the configuration of the exercise machines, and to receive, measure, process, transmit, upload to the Internet, display, store, and share information relating to exercise results, heart rate, body fat, body mass, calories burned, and health and fitness generally; Providing temporary use of a consumer focused health and fitness non-downloadable software application that gives real time personalized and actionable wellness recommendations
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.



The applicant hereby appoints Hillary Maynard. Other appointed attorneys are Vance VanDrake. Hillary Maynard of Ulmer & Berne LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 3600
      500 W. Madison Street
      Chicago, Illinois 60661
      United States
      312-658-6558(phone)
      hmaynard@ulmer.com (authorized).
The attorney docket/reference number is 39877.0039.
Hillary Maynard 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's current Correspondence Information:

Hillary Maynard

Ulmer & Berne LLP

Suite 3600       500 W. Madison Street

Chicago, Illinois 60661

312-658-6558(phone)

hmaynard@ulmer.com; ipdocketing@ulmer.com; ipdocketing@ulmer.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $825 has been submitted with the application, representing payment for 3 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: / James Ryan Eder/   Date: 08/26/2019
Signatory's Name: Ryan Eder
Signatory's Position: Founder and CEO
Payment Sale Number: 88593377
Payment Accounting Date: 08/26/2019

Serial Number: 88593377
Internet Transmission Date: Mon Aug 26 18:22:17 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190826182217
243285-88593377-6103d122976b94fa4b7043b1
de24ca5fd619123351a29729591b26a7814b6ee-
DA-22179065-20190825101143997117