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: 88926090

Filing Date: 05/20/020

To the Commissioner for Trademarks:

MARK: ALLY (Standard Characters, see mark)
The literal element of the mark consists of ALLY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Twenty Billion Neurons GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Stralauer Allee 2
      Berlin 10245
      Germany
      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:  software; Computer application software for mobile phones, namely, software for users to obtain, access and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, meal plans and personalized audiovisual content; Downloadable software applications for use in physical fitness and exercise management in the field of physical fitness and exercise; Software in the field of physical fitness and exercise; Downloadable software applications for users to obtain, access and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, meal plans, personalized workout videos, and personalized audiovisual content; Pre-recorded digital media devices featuring athletic and physical fitness training sessions; Computer software for streaming audio content; Computer software for streaming video content; Computer software for streaming audio visual content in the field of fitness; computer software for fitness training, conditioning, advice, and guided workouts; media, namely, live generated audio visual content featuring fitness content and classes; Computer application software for smart phones and mobile devices, namely, software for social networking, receipt and transmission of data, shopping, fitness tracking and instruction, weight management and fitness assessments; Computer application software for fitness tracking and instruction and fitness assessments; interactive multimedia computer software for use in database management, and for use in electronic storage of data which provides audio, audiovisual and video training information on the subject of physical exercise, physical exercise equipment, diet and nutrition, and pictures, images, text, and photos related thereto; computer application software for mobile phones, portable media players, and handheld computers, namely, software for use in database management and use in electronic storage of data, in the field of exercise, fitness, and dietary information and instruction; downloadable electronic game software in the field of exercise, fitness, and dietary information and instruction; software for users to obtain personalized workout and fitness audiovisual content; software for personal assistant services; Downloadable computer and mobile application software that detects, tracks and monitors an individual's motions, body movements, body positioning and physical activity during fitness exercises using built-in camera and microphone; downloadable computer and mobile application software that interacts with the user and detects voice commands to control the application, provide recommendations, goal setting, feedback and conversational experiences related to the user's physical fitness and exercise; downloadable computer and mobile application software for detecting, tracking and monitoring an individual's motions, positioning and physical activity for use in fitness instruction and for providing real-time personalized feedback based on an individual's body movement and positioning during fitness exercises; downloadable computer and mobile application software for use in taking fitness classes, receiving fitness instruction, receiving real-time intensity and form feedback, receiving personalized recommendations based on past performance, sharing information with others, tracking and monitoring fitness goals, performance, movements, repetition counts and calories burned based on intensity and form during fitness exercises; downloadable computer and mobile software for accessing scheduled fitness classes featuring fitness exercises; Computer and mobile software that renders and controls a digital avatar that interacts with the user using a camera and microphone; computer software, namely, software for artificial intelligence used in mixed reality, iOT and mobile applications, namely, software for interacting with an avatar. Computer and mobile software for use in creating and analysing interactions between humans and an embodied artificial intelligence platform; Computer and mobile software that creates realistic facial, body and voice expressions and emotions to interact with the user for educational purposes; Computer and mobile software that understands user behaviours, gestures, voice commands and emotions based on artificial intelligence; computer and mobile software that provides recommendations based on past user behaviours, gestures, voice commands and emotions based on artificial intelligence; Computer and mobile software that creates a real-time social network among users of the software and permits those users to organize and execute a wide variety of personal and community activities and events, to invite others to participate in such activities and events, to transmit information about the personal and community activities and events to other users of the software and to receive information about other users' activities and events from those users, and to set up and maintain a database for the purpose of recording activity and event participation and information regarding personal and community goals; computer and mobile software that provides users with information regarding the brands, products and services of others, and that markets and promotes those brands, products and services by organizing, administering and executing sponsored campaigns, activities and events for others and product placements

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 05/05/2020, and first used in commerce at least as early as 05/05/2020, 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) mark used in conjunction with goods.

Original PDF file:
SPE0-381211809-20200520184341342076_._ALLY_specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2027837, filed 05/13/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 038:  Providing access to an interactive website for persons to participate in on-line social networking services; Provision of access to a web site featuring information on personal interests, hobbies and lifestyles; providing access to on-line computer databases and on-line searchable databases in the field of social networking

In International Class 038, 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 05/05/2020, and first used in commerce at least as early as 05/05/2020, 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) mark used in conjunction with services.

Original PDF file:
SPE0-1-381211809-20200520184341342076_._ALLY_specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2027837, filed 05/13/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  software as a service; software-as-a-service, namely non-downloadable software for mobile phones, namely, software for users to obtain, access and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, personalized physical therapy services, meal plans and personalized audiovisual content; software-as-a-service, namely non-downloadable software in the field of personalized audiovisual content; software-as-a-service, namely non-downloadable software for use in physical fitness and exercise management; providing software in the field of physical fitness and exercise; software-as-a-service, namely non-downloadable software for users to obtain, access and coordinate physical fitness training services, personal fitness coaching services, personalized workout programs, personalized physical therapy services, meal plans and personalized audiovisual content; software-as-a-service, namely non-downloadable software for users to obtain personalized workout and fitness audiovisual content; software-as-a-service, namely non-downloadable software for personal assistant services; software-as-a-service, namely non-downloadable computer application software for mobile phones, namely, software for users to obtain, access and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, personalized physical therapy services, meal plans and personalized workout audiovisual content; software-as-a-service, namely nondownloadable personalized audiovisual content in the field of physical fitness and health; software-as-a-service, namely non-downloadable software applications for use in physical fitness and exercise management in the field of physical fitness and exercise; software-as-a-service, namely non-downloadable software applications for users to obtain, access and coordinate physical fitness training and consultation services, personal fitness coaching services, personalized workout programs, personalized physical therapy services, meal plans and personalized workout videos; software-as-a-service, namely non-downloadable computer software for streaming audio content; software-as-a-service, namely non-downloadable computer software for streaming video content; software-as-a-service, namely non-downloadable computer software for streaming audio visual content in the field of fitness; software-as-a-service, namely non-downloadable computer software for fitness training, conditioning, advice, and guided workouts; software-as-a-service, namely non-downloadable computer application software for smart phones and mobile devices, namely, software for social networking, receipt and transmission of data, shopping, fitness tracking and instruction, weight management and fitness assessments; software-as-a-service, namely non-downloadable computer application software for fitness tracking and instruction and fitness assessments; software-as-a-service, namely non-downloadable interactive multimedia computer software for use in database management; software-as-a-service, namely non-downloadable interactive multimedia computer software which provides audio, audiovisual and video training information on the subject of physical exercise, physical exercise equipment, physical therapy, diet and nutrition, and pictures, images, text, and photos related thereto; software-as-a-service, namely non-downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, software for use in database management; software-as-a-service, namely non-downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, software for use in electronic storage of data in the field of exercise, fitness, and dietary information and instruction; software-as-a-service, namely non-downloadable computer application software for mobile phones, portable media players, and handheld computers, namely, software for use in education; software-as-a-service, namely non-downloadable electronic game software in the field of exercise, fitness, and dietary information and instruction; software-as-a-service, namely non-downloadable electronic game software in the field of education; Software-as-a service, namely non-downloadable computer and mobile application software that detects, tracks and monitors an individual's motions, body movements, body positioning and physical activity during fitness exercises using built-in camera and microphone; Software-as-a service, namely non-downloadable computer and mobile application software that interacts with the user and detects voice commands to control the application, provide recommendations, goal setting, feedback and conversational experiences related to the user's physical fitness and exercise; Software-as-a service, namely non-downloadable computer and mobile application software for detecting, tracking and monitoring an individual's motions, positioning and physical activity for use in fitness instruction and for providing real-time personalized feedback based on an individual's body movement and positioning during fitness exercises; Software-as-a service, namely non-downloadable computer and mobile application software for use in taking fitness classes, receiving fitness instruction, receiving real-time intensity and form feedback, receiving personalized recommendations based on past performance, sharing information with others, tracking and monitoring fitness goals, performance, movements, repetition counts and calories burned based on intensity and form during fitness exercises; Software-as-a service, namely nondownloadable computer and mobile software for accessing scheduled fitness classes featuring fitness exercises; Software-as-a service, namely non-downloadable computer and mobile software that renders and controls a digital avatar that interacts with the user using a camera and microphone; Software-as-a service, namely non-downloadable computer software, namely, software for artificial intelligence used in mixed reality, iOT and mobile applications, namely, software for interacting with an avatar; Software-as-a service, namely non-downloadable computer and mobile software for use in creating and analysing interactions between humans and an embodied artificial intelligence platform; Software-as-a service, namely nondownloadable computer and mobile software that creates realistic facial, body and voice expressions and emotions to interact with the user for educational purposes; Software-as-a service, namely non-downloadable computer and mobile software that understands user behaviours, gestures, voice commands and emotions based on artificial intelligence; Software-as-a service, namely non-downloadable computer and mobile software that provides recommendations based on past user behaviours, gestures, voice commands and emotions based on artificial intelligence; Software-as-a-service, namely non-downloadable computer and mobile software that creates a real-time social network among users of the software and permits those users to organize and execute a wide variety of personal and community activities and events, to invite others to participate in such activities and events, to transmit information about the personal and community activities and events to other users of the software and to receive information about other users' activities and events from those users, and to set up and maintain a database for the purpose of recording activity and event participation and information regarding personal and community goals; Software-as-a service, namely nondownloadable computer and mobile software that provides users with information regarding the brands, products and services of others, and that markets and promotes those brands, products and services by organizing, administering and executing sponsored campaigns, activities and events for others and product placements; Creating and hosting an on-line community to enable users to organize and execute a wide variety of personal and community activities and events, to invite others to participate in such activities and events, to transmit information about the personal and community activities events to other users and to receive information about other users' activities and events from those users, and to set up and maintain a database for the purpose of recording activity and event participation and information regarding personal and community goals, and to enable businesses to interact with users for promotional purposes and for purposes of brand awareness and brand loyalty through sponsored campaigns, activities, events and product placements; providing software in the field of personalized audiovisual content

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 05/05/2020, and first used in commerce at least as early as 05/05/2020, 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) mark used in conjunction with services.

Original PDF file:
SPE0-2-381211809-20200520184341342076_._ALLY_specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2027837, filed 05/13/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Ben Natter. Other appointed attorneys are Kyle Koemm. Ben Natter of Haug Partners, 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
      745 Fifth Ave
      New York, New York 10151
      United States
      bnatter@haugpartners.com
The docket/reference number is A635-2.
Ben Natter 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:

Ben Natter

PRIMARY EMAIL FOR CORRESPONDENCE: bnatter@haugpartners.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@haugpartners.com; kkoemm@haugpartners.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 $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 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: //Kyle Koemm//   Date: 05/20/2020
Signatory's Name: Kyle Koemm
Signatory's Position: Attorney of Record, member NY bar
Payment Sale Number: 88926090
Payment Accounting Date: 05/20/2020

Serial Number: 88926090
Internet Transmission Date: Wed May 20 19:19:49 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20200520191949049
335-88926090-7105217cf86c271f0661fa27129
eac661467543bc941a856d4c54df21caee164e1-
CC-19477886-20200520184341342076