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: 88882104

Filing Date: 04/22/020

To the Commissioner for Trademarks:

MARK: LIVELY (stylized and/or with design, see mark)
The literal element of the mark consists of LIVELY. The applicant is not claiming color as a feature of the mark. The mark consists of stylized word LIVELY, with an exclamation point replacing the second "L".
The applicant, Best Buy Health, Inc., a corporation of Delaware, having an address of
      7601 Penn Ave S
      Richfield, Minnesota 55423
      United States
      XXXX

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:  Communication hubs; computer hardware and software comprising of sensors that monitor the health safety and activities of the elderly or disabled in their own homes or in independent or assisted living facilities; software that collects, manages, integrates, analyzes, monitors, and tracks the elderly or disabled in their own homes or in independent or assisted living facilities; Downloadable software and mobile application which allows user to connect with agent who can contact emergency response services, family members, police or other service providers; Downloadable software and mobile application which allows caregivers and family members to monitor the health, safety and activities of the elderly or disabled; Downloadable mobile application for tracking activity and biometric data; wearable activity tracker; Voice automation devices and systems used in home automation; home automation and home device integration software; home automation systems comprised of computer hardware, wireless and wired controllers and sensors, and downloadable software for automating home appliances, lighting, HVAC, security and power; Intelligent personal assistant devices comprised of voice-activated speakers, computer hardware, and recorded software for accessing the internet and making telephone calls; personal assistant software; Downloadable software and mobile applications for obtaining directory assistance, making personal arrangements and reservations, obtaining information to meet individual needs, arranging for the repair and replacement of residential appliances, home security systems and consumer goods, scheduling home repairs and maintenance, scheduling appointments, arranging for delivery of meals, medication and groceries, arranging for technical support services, namely, troubleshooting in the nature of the repair of computer hardware and mobile devices, arranging for ticket reservations for shows and other entertainment events, arranging for transportation services, and arranging for other personal services; Cellular telephone handsets, batteries for handsets, carrying cases for cellular phones, carrying cases for cell phone chargers, batteries and cell phone hands free apparatuses, travel and desktop chargers for batteries for cellular handsets, hands-free car kits for cellular handsets comprised primarily of a microphone, external speaker, cradle, mounting brackets and power cables; Computer software for connecting transportation providers with individuals needing rides, and for the arrangement and booking of transportation; Cellular telephones and communication pendants in the form of apparatus for transmission of communication that is typically worn by the user, batteries for cellular telephones, travel and desktop chargers for batteries for cellular telephones, hands-free cellular phones, speaker phones, hands-free car kits for cellular telephones comprised primarily of a microphone, external audio speaker, power cables, telephone handset cradle, and mounting brackets; Tablet computers; smartwatches; Central dispatch security system composed of transmitters and receivers for sending and receiving emergency signals
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 010:  Health monitors comprising sensors that monitor the health of the elderly or disabled in their own homes or in independent or assisted living facilities
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 016:  Newsletters in the fields of family, relationships, communication, personal messages, and related activities
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 035:  Telephone directory assistance services
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 038:  Telecommunications services, namely, cellular telephone services, long- distance services, voice and data transmission services; Telecommunications services, namely, personal communication services; Telephone call completion services
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 039:  Making reservations and bookings for transportation
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 041:  Providing on-line newsletters in the fields of family, relationships, communication, personal messages, and related activities; Providing a website featuring information and non-downloadable articles in the fields of aging, elder care, health and safety of the elderly, family, relationships, communication, and related activities
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 an interactive web site featuring technology that enables users to enter, access, track, monitor and generate health and medical information and reports; Software as a service (SaaS) services featuring software for use by caregivers that collects, manages, integrates, analyzes, monitors, tracks and displays data on the health, safety and activities of the elderly or disabled in their own homes or in independent or assisted living facilities; Software as a service (SaaS) services featuring software that assesses fall risk and detects falls; Software as a service (SaaS) services featuring software for connecting transportation providers with individuals needing rides, and for the arrangement and booking of transportation
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 044:  Remote monitoring of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes; Personal emergency medical response services; 24-hour response center which provides medical information to emergency medical personnel and allows members to update their medical/personal files; emergency medical response services
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 045:  Personal security services provided via telecommunication networks for individual telephone services subscribers through the use of portable, wearable and hand-held cellular telephone devices; Medical alarm monitoring services, namely, monitoring telephone and emergency pendant (in the form of apparatus for transmission of communication that is typically worn by the user) voice and data communications to and from wireless subscribers; Personal concierge services for others comprising making requested personal arrangements and reservations, providing customer-specific information to meet individual needs, arranging for the repair and replacement of residential appliances, home security systems and consumer goods, arranging for home repairs and maintenance, scheduling appointments, arranging for delivery of meals, arranging for technical support services, making travel and entertainment arrangements, arranging for transportation services, and arranging for other personal services; Support services for adults, namely, geriatric care management services in the nature of the coordination of necessary services and personal care for older individuals
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4475951.


The owner's/holder's proposed attorney information: Matthew C. Mlsna. Matthew C. Mlsna, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      7601 Penn Ave S
      Richfield, Minnesota 55423
      United States
      612-291-4493(phone)
      matthew.mlsna@bestbuy.com
The docket/reference number is 535/US.
Matthew C. Mlsna 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:

Matthew C. Mlsna

PRIMARY EMAIL FOR CORRESPONDENCE: matthew.mlsna@bestbuy.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@bestbuy.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $2750 has been submitted with the application, representing payment for 10 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Matthew C. Mlsna/   Date: 04/22/2020
Signatory's Name: Matthew C. Mlsna
Signatory's Position: Attorney of Record, MN Bar Member
Payment Sale Number: 88882104
Payment Accounting Date: 04/22/2020

Serial Number: 88882104
Internet Transmission Date: Wed Apr 22 10:17:37 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2020042210173715
6879-88882104-7101784a3745b61a04317ca454
de2f50b338fdc5a3739e4b64f02c1143af753cf4
-DA-17371632-20200421131258210692