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: 88916331

Filing Date: 05/14/020

To the Commissioner for Trademarks:

MARK: ZEPP (stylized and/or with design, see mark)
The literal element of the mark consists of ZEPP. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized word "ZEPP" with the letter 'E" presented as a summation symbol.
The applicant, BEIJING SHUNYUAN KAIHUA TECHNOLOGY LIMITED, a limited company (ltd.) legally organized under the laws of China, having an address of
      UNIT 206-2, LEVEL 2, BLOCK 23, NO. 8
      DONG BEI WANG WEST RD., HAIDIAN DIST.,
      BEIJING, 100000
      China
      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:  Data processing apparatus; Downloadable computer software for providing users with information and analysis regarding their physical activity, fitness and general health; Downloadable mobile device software applications and downloadable computer software applications for measuring, tracking, analyzing, displaying, uploading, and transmitting data transmitted from the wearable electronic devices or the portable and wearable electronic wristbands and identification bracelets; Protective masks; Smartwatches; Interactive touch screen terminals; Electronic integrated circuits; Pedometers; Wearable activity trackers; Computer operating programs, recorded; Headphones; Earphones; Adapter cables for headphones; Motion sensors; Portable digital electronic scales.
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:  Blood oxygen monitors; Bracelets for medical purposes; body fat monitors; Body composition monitors; sanitary masks for medical purposes; Body rehabilitation apparatus for medical purposes; Pulse meters; Heart rate monitoring apparatus; Electrocardiographs; Arterial blood pressure measuring apparatus; Blood testing apparatus; Physical exercise apparatus, for medical purposes; Medical instruments for measuring and displaying blood pressure and lung capacity; Devices for monitoring blood glucose for medical purposes.
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 014:  Alloys of precious metal; Presentation boxes for jewellery; Rings being jewelry; Earrings; Jewellery; Bracelets; Clocks; Watches; Watch bands; Watch cases being parts of watches.
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 018:  Leather, unworked or semi-worked; Sports bags; Travelling bags; Leather travelling bag sets; Baby carriers worn on the body; Luggage tags; Trimmings of leather for furniture; Leather straps; Umbrellas; walking sticks; Harness fittings.
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 021:  Containers for household or kitchen use; Crockery, namely, pots, dishes, drinking cups and saucers, bowls, serving bowls and trays; China ornaments; Drinking vessels; Vases; Perfume burners; Combs; Washing brushes; Material for brush-making; Toothbrushes, electric; Cosmetic brushes; Cosmetic spatulas; Heat-insulated containers for household use; Non-electric carpet sweepers; Indoor terrariums.
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 025:  Clothing, namely, shirts, pants, dresses, skirts, jackets, sweatshirts, sweaters, swimming suits, rain coats, shoes, socks, hats, ties, belts; Sports singlets; Underwear; Cyclists' jerseys; Tee-shirts; Trousers; Waterproof jackets and pants; Waterproof footwear; Sports jerseys; Bathing suits; Footwear; Headwear; Hosiery; Gloves; Scarfs.
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:  Action skill games; Amusement game machines; Home video game machines; Running machines; Machines for physical exercises; Roller skates; Tennis rackets; Appliances for gymnastics; Climbers' harness; Shin guards for athletic use; Athletic protective pads for sports suits, namely, shoulder pads for use in football, chest pads for use in baseball; Balls for games; Stationary exercise bicycles.
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:  Advertising services; Providing business information via a web site; Provision of an online marketplace for buyers and sellers of goods and services; Business management of sports people; Sales promotion for others; Systemization of information into computer databases; Accounting services; Sponsorship search; Wholesale and retail store services featuring health and fitness products, electronic devices, scales, smartwatches, watches, headphones and earphones, bracelets for medical purposes, wearable activity trackers, accessories, apparel and running machines; On-line wholesale and retail store services featuring health and fitness products, electronic devices, scales, smartwatches, watches, headphones and earphones, wearable activity trackers, accessories, apparel and running machines.
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 036:  Providing insurance information; Financing services; Electronic funds transfer; Jewellery appraisal; Real estate management; Financial customs brokerage services; Surety services; Charitable fund raising; Fiduciary representatives; Mortgage lending; Pawn brokerage; Pawn shops.
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:  Television broadcasting; Communications by telephone; Transmission of electronic mail; Communications by fiber optic networks; Providing user access to a global computer network; Providing internet chatrooms; Providing an on-line forum for consulting fitness, health and wellness information; Transmission of digital files; Video-on-demand transmission.
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:  Educational services, namely, providing on-line classes, seminars, workshops in the field of medical education; Organizing and conducting athletic competitions and games in the field of fitness; Organization of sports competitions; Organizing, arranging, and conducting fitness events; Publication of books; Publishing of electronic publications ;Entertainment services in the nature of organizing social entertainment events; Health club services, namely, providing instruction and equipment in the field of physical exercise; Conducting fitness classes; Toy rental.
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:  Technical project studies, namely, technical advisory services relating to computer programs; Software as a service (SaaS) service featuring software for use in designing, creating and analyzing data, metrics and reports in the areas of health, fitness, sleep, nutrition and wellness; Software as a service (SaaS) service featuring software that enables users to manage employee accounts, schedule and track employee participation, and facilitate and manage corporate fitness and wellness programs; Monitoring of computer systems by remote access to ensure proper functioning; Off-site data backup; Computer software design; Consultancy in the design and development of computer hardware; Computer computing services, namely, cloud hosting provider services; Electronic data storage; Creating and designing website based indexes of information for others using information technology; Platform as a service (PAAS) featuring computer software platforms for providing users with information and analysis regarding their physical activity, fitness and general health; Providing online non-downloadable computer software for tracking fitness, health and wellness goals and statistics; Providing 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; Providing online non-downloadable software for creating personalized fitness training programs; Providing online non-downloadable software for providing personal training services, workouts and fitness assessments; Providing online non-downloadable software for use in accessing information, data, and records, for showing technology compatibility, and for downloading, storing, transmitting, evaluating, and reviewing information, data, and records in the fields of health care, medicine, patient care, and medical records.
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:  Health care; Telemedicine services; Physical therapy; Medical assistance; Medical, physical rehabilitation and physical therapy services; Medical consultations; Health counselling; Dietary and nutritional guidance; Beauty salon services; Rental of sanitary installations; Medical and pharmaceutical consultation; Medical testing services, namely, fitness evaluation; Providing a website featuring information regarding nutrition, dieting, wellness and health; Conducting medical physical evaluations; Remote monitoring of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes .
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) 6051064, 6040523, and 5748069.

Significance of wording, letter(s), or numeral(s)
The word "ZEPP" appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services listed in the application, or any geographical significance. The word(s) "ZEPP" has no meaning in a foreign language.

Miscellaneous Statement
The full address of the owner is UNIT 206-2, LEVEL 2, BLOCK 23, NO. 8 DONG BEI WANG WEST ROAD, HAIDIAN DISTRICT, BEIJING, CHINA 100000.


The owner's/holder's proposed attorney information: Yue (Robert) Xu. Yue (Robert) Xu of Apex Attorneys at Law, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      160 Alamo Plaza #942
      Alamo, California 94507
      United States
      408-647-5296(phone)
      408-458-2551(fax)
      trademark@apex-attorneys.com
The docket/reference number is 200086ZEPP-U.
Yue (Robert) Xu 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:

Yue (Robert) Xu

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@apex-attorneys.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): apex.attorneys@aol.com; trademark.aaal@gmail.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 $3575 has been submitted with the application, representing payment for 13 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: /YUE XU r/   Date: 05/13/2020
Signatory's Name: Yue (Robert) Xu
Signatory's Position: Attorney of record, California bar member
Payment Sale Number: 88916331
Payment Accounting Date: 05/14/2020

Serial Number: 88916331
Internet Transmission Date: Thu May 14 14:39:49 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20200514143949826
533-88916331-7108786139d980f3815f7d94731
88330c21fd8cb308d13369fc7f1a9be1a1366-CC
-39487398-20200513163052313861