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)

---

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: 88936190

Filing Date: 05/27/020

To the Commissioner for Trademarks:

MARK: IT ALL FITS TOGETHER (Standard Characters, see mark)
The literal element of the mark consists of IT ALL FITS TOGETHER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Fitbit, Inc., a corporation of Delaware, having an address of
      199 Fremont Street, 14th Floor
      San Francisco, California 94105
      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:  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; scales; personal weighing scales; computer software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index; computer software for managing information regarding tracking, compliance and motivation with a health and fitness program 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 software in the nature of a mobile application and desktop applications for facilitating communication and 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 tracking and maintenance of health and treatment plans; downloadable computer software for providing health, wellness, healthcare, and medical information; downloadable computer software for providing access to healthcare and health coaching services; 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 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
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 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; health coaching services, namely, providing personal coaching services in the fields of health, 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
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:  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
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 owner's/holder's proposed attorney information: 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
The docket/reference number is 33338-70014.
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

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fenwick.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): driggio@fenwick.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: /Lisa A. Swift/   Date: 05/27/2020
Signatory's Name: Lisa A. Swift
Signatory's Position: Vice President, Product Marketing
Payment Sale Number: 88936190
Payment Accounting Date: 05/27/2020

Serial Number: 88936190
Internet Transmission Date: Wed May 27 20:48:25 ET 2020
TEAS Stamp: USPTO/BAS-X.XX.XXX.XXX-20200527204825646
257-88936190-710c8ab78ae48fc14e1cfd5dfef
663862f47896950ac7d897c4fce85518d36013-D
A-48256552-20200527164316397717