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: 88655636

Filing Date: 10/15/2019

To the Commissioner for Trademarks:

MARK: FITBIT (stylized and/or with design, see mark)
The literal element of the mark consists of FITBIT. The applicant is not claiming color as a feature of the mark. The mark consists of a series of irregular sized dots forming a diamond pattern with the word FITBIT appearing to the right of the diamond pattern.
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:  Personal electronic devices used to track fitness goals and statistics; wearable activity trackers; smartwatches; 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, smart phones, 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, audio, image and digital files and display screens; cables, namely, charging cables; computer peripheral devices; scales; personal weighing scales; computers; sensors for scientific use to be worn by a human to gather human biometric data; downloadable software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; downloadable computer application software for smartphones and mobile devices in the fields of fitness and exercise featuring personal training services, coaching, workouts and fitness assessments; downloadable mobile application software for creating personalized fitness training programs; downloadable computer application software for smartphones and mobile devices to support corporate wellness programs; computer software development tools; pre-recorded video recordings featuring athletic and fitness sessions; computer hardware; electronic devices, namely, portable digital electronic devices for transmitting audio files; headphones; earbuds; earphones; wireless audio devices in the nature of wireless earbuds, earphones and headphones for use with smartwatches and wearable activity trackers; microphones; remote control for controlling mobile devices; sound reproducing apparatus; audio speakers; accessories for mobile, portable and handheld devices, namely, earbuds, earphones and headphones; earphone accessories, namely, earphone cushions, earphone pads, and earphone cases; downloadable software in the nature of a mobile application and desktop applications for facilitating communication between medical facilities, clinicians, caregivers, health coaches, and patients; downloadable software in the nature of a mobile application and desktop applications for facilitating collaborative medical treatment between medical facilities, clinicians, caregivers, health coaches and patients; downloadable software in the nature of a mobile application and desktop applications for communication of medical data between medical facilities, clinicians, caregivers, health coaches and patients; downloadable software in the nature of a mobile application and desktop applications for tracking and maintenance of health and treatment plans; downloadable software in the nature of a mobile application and desktop applications for recording medical data; downloadable computer software for providing health, wellness, healthcare, and medical information; downloadable computer software for providing access to healthcare and health coaching services; downloadable computer software platform for application development for use in the fields of health, wellness, and nutrition; downloadable computer software for retrieving, analyzing, and generating reports on a user's health and wellness from data generated by wearable digital electronic devices; downloadable computer software for use in managing user participation in health challenges in the nature of competitions focused on health and wellness; downloadable computer software in the field of health and wellness for transmission of messages among users; downloadable computer software for enabling social networking among users in the field of health and wellness; downloadable software allowing users to engage in health and wellness challenges with others, to participate in social networking and online discussions with others on medical, healthcare, and wellness issues, to perform health assessments, and to track health and wellness activities, goals, outcomes, and rewards; downloadable software enabling users to receive personalized recommendations in the medical, healthcare, and wellness fields; downloadable software for use by patients, their families, and health care professionals enabling users to provide and receive patient care, patient coaching, and healthcare information; downloadable software that provides information to users regarding health, wellness, and nutrition; downloadable software that allows users to assess their habits in the areas of health, nutrition, and wellness; downloadable software for consumer engagement and behavior change modeling to enable users to improve their health and wellness; downloadable computer software for tracking, collecting and analyzing health data for use in conducting health risk assessments, recommending preventative health measures, condition management, and tracking behavior modification; downloadable software for providing patient engagement, namely, prescription medication adherence and patient health management, through outbound messaging technology

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 01/00/2016, and first used in commerce at least as early as 01/00/2016, 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) screenshot of webpage showing the mark in use in connection with one or more of the listed goods, including a link to where the software can be downloaded.

Original PDF file:
SPE0-839136249-20191010201131693016_._Cl_9_US.PDF
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

International Class 010:  Medical devices for measuring body weight and estimating body fat percentage; general wellness instruments and apparatus, namely, health monitoring devices for storing, relaying, tracking, measuring and displaying biometric data, body movement, sleep, heart rate, and calories burned; general wellness instruments and apparatus, namely, health monitoring devices for estimating maximal oxygen consumption

In International Class 010, 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 01/00/2016, and first used in commerce at least as early as 01/00/2016, 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) screenshot of Applicant's online store showing use of the mark in connection with product for purchase.

Original PDF file:
SPE0-839136249-20191009202317233714_._SPEC_-_CL_10.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

International Class 014:  Horological and chronometric instruments; watches; timepieces; watch straps; watch bands; jewelry; bracelets; pendants

In International Class 014, 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 01/00/2016, and first used in commerce at least as early as 01/00/2016, 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) screenshot of Applicant's online store showing use of the mark in connection with the product for purchase.

Original PDF file:
SPE0-839136249-20191009202317233714_._SPEC_-_CL_14.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

International Class 041:  Conducting fitness classes; physical fitness conditioning classes; fitness boot camps; yoga classes; boxing and kickboxing fitness classes; providing classes in the fields of fitness and exercise; providing a website featuring non-downloadable pre-recorded videos featuring athletic and fitness sessions; educational services, namely, conducting seminars, conferences, and workshops in the fields of health and wellness; online journals, namely, blogs featuring commentary, advice and information in the fields of health, wellness, sleep, fitness and nutrition; 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 personal 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 personal coaching in the field of wellness and health; health coaching services in the nature of personal coaching 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 01/00/2016, and first used in commerce at least as early as 01/00/2016, 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) screenshot of Applicant's website featuring the mark in use in connection with one or more of the listed services.

Original PDF file:
SPE0-839136249-20191009202317233714_._SPEC_-_CL_41.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

International Class 042:  Online non-downloadable computer software for tracking fitness, health and wellness goals and statistics; online non-downloadable computer software for displaying, aggregating, analyzing and organizing data and information in the fields of health, wellness, fitness, physical activity, weight management, sleep, and nutrition; online non-downloadable software for creating personalized fitness training programs; online non-downloadable software for providing personal training services, workouts and fitness assessments; application service provider, featuring application programming interface (API) software for allowing data retrieval, upload, access, management, tracking, and analyzing of user data; software as a service (SaaS) that enables users to manage employee accounts, schedule and track employee participation, and facilitate and manage corporate fitness and wellness programs; software as a service (SaaS) for use in designing, creating and analyzing data, metrics and reports in the areas of health, fitness, sleep, nutrition and wellness; designing, creating and maintaining electronic commerce websites for others; providing online non-downloadable software in the field of health and wellness for enabling social networking among users; providing online non-downloadable software that help users maintain and expand health habits; providing online non-downloadable software that allows users to assess their habits in the areas of health, nutrition, and wellness; providing online non-downloadable software for managing user participation in health challenges in the nature of competitions focused on health and wellness; providing online non-downloadable software that allows users to catalog health habits in the areas of nutrition, fitness, health and wellness; providing online non-downloadable software that allows users to interact with other users to form a support network in the areas of nutrition, fitness, health and wellness; providing online non-downloadable software for consumer engagement and behavior change modeling to enable users to improve their health and wellness; providing a web site featuring technology that enables companies and organizations to administer and manage employee incentive award programs to promote employee health; technical support and consultation services for developing computer systems, databases and applications; designing, creating and maintaining electronic commerce websites for others; software as a service (SaaS) services featuring software for facilitating communication between medical facilities, clinicians, health coaches and patients; software as a service (SaaS) services featuring software for facilitating collaborative healthcare treatment between medical facilities, clinicians, caregivers, health coaches and patients; software as a service (SaaS) services featuring software for communication of health data between medical facilities, clinicians, caregivers, health coaches and patients; software as a service (SaaS) services featuring software for tracking and maintaining health and treatment plans; software as a service (SaaS) services featuring software for recording health data; software as a service (SaaS) services featuring software communicating health data between medical facilities, clinicians, caregivers, health coaches and patients; software as a service (SaaS) featuring computer software platforms for providing intelligent analytics in the healthcare field; providing temporary use of non-downloadable software for chronic disease management, diabetes management and health management; software as a service (SaaS) services featuring software for users to aggregate, access and exchange healthcare information, manage diseases and conditions, and manage healthcare costs; providing data analytics, reporting, and consulting services in the field of medical claim costs and healthcare spending; design and development of computer hardware and software; scientific research and development

In International Class 042, 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 01/00/2016, and first used in commerce at least as early as 01/00/2016, 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) screenshot of webpage showing use of the mark in connection with one or more of the listed services.

Original PDF file:
SPE0-839136249-20191010201131693016_._Cl_42_US.PDF
Converted PDF file(s) (1 page)
Specimen File1

International Class 044:  Healthcare services; healthcare 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 healthcare management services, namely, chronic care management; providing health coaching services in the nature of health counseling; providing wellness services, namely, personal assessments, personalized routines, maintenance schedules, and counseling; 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 healthcare and wellness services, namely, personal assessments, personalized routines, maintenance schedules, fitness evaluations, and counseling; providing personal lifestyle wellness evaluation and consultation; health counseling; counseling services in the fields of health, nutrition, and wellness, namely, personalized health coaching in the nature of health consultation and behavior change support; providing educational information about healthcare 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; consulting services in the field of health

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 01/00/2016, and first used in commerce at least as early as 01/00/2016, 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) Screenshot from Applicant's website that describes the services.

Original PDF file:
SPE0-839136249-20191010201131693016_._Cl_44_US.PDF
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4343563, 4851801, 1395248, and others.


The applicant hereby appoints Karen A. Webb. Other appointed attorneys are all other attorneys of Fenwick & West LLP. Karen A. Webb of Fenwick & West 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
      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 33338-70011.
Karen A. Webb 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:

Karen A. Webb

Fenwick & West LLP

Silicon Valley Center       801 California Street

Mountain View, California 94041

650-988-8500 x7656(phone)

(650) 938-5200(fax)

trademarks@fenwick.com; driggio@fenwick.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 $1650 has been submitted with the application, representing payment for 6 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: /Lisa A. Swift/   Date: 10/15/2019
Signatory's Name: Lisa A. Swift
Signatory's Position: Vice President, Product Marketing
Payment Sale Number: 88655636
Payment Accounting Date: 10/15/2019

Serial Number: 88655636
Internet Transmission Date: Tue Oct 15 18:24:27 EDT 2019
TEAS Stamp: USPTO/BAS-X.XX.XXX.XXX-20191015182427441
194-88655636-610feac221135c56133c5c67eeb
ee82d27773f3b90335bf67059eb2241145fc050-
DA-24274667-20191010201131693016