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 1553 (Rev 09/2005)
OMB No. 0651-0054 (Exp 12/31/2020)
Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))
Portable wearable devices with sensors to detect the movement of a wearer wearing the portable wearable devices; software for use with portable
wearable device having sensors to detect the movement of the wearer wearing the portable wearable devices; software for analyzing motion data from portable wearable devices having sensors for
detecting movement of a wearer; medical software for displaying physical movement data of a patient; medical software for analyzing the movement data of a patient; wearable motion sensors for use
with virtual reality applications; software for use in integrating sensor data with virtual reality applications; wearable motion sensors for use with augmented reality applications; software for use
in integrating sensor data with augmented reality applications; Computer software featuring artificial intelligence and machine learning models to derive insights from existing and/or new datasets
obtained by devices that run such software; software featuring algorithms for training machine learning models on existing and/or new datasets; software featuring artificial intelligence for
developing algorithms with and without human intervention; software for use in projecting data on multiple user interfaces in the nature of 2D, 3D, holographic, volumetric interfaces; software for
use in extracting custom insights from datasets created by the software after the fact; software for use in optimizing results based on available resources in the nature of computational power,
battery capacity and memory resources in devices that run such software; software for use in applying algorithms that use reinforcement-based learning to optimize results; Software for use with
portable wearable devices having sensors to process information into meaningful information that can be consumed through user interfaces in computing devices in the nature of personal computers,
smartphones, hearable devices, virtual reality and augmented reality devices; portable wearable devices with sensors that increase patient engagement during physiotherapy and training, detect
injuries before they happen, help athletes train better and increase their performance level; software for use with portable wearable devices that increase patient engagement during physiotherapy and
training, detect injuries before they happen, help athletes train better and increase their performance level; software for integrating information from various sensor types in the nature of inertial
motion sensors, biometric sensors, emotional sensors, physiological sensors, strength/resistance tools, clinical measurement tools in the nature of blood glucose monitors and blood pressure monitors;
Software that provides predictive and actionable data insights that can be used by 3rd-party industries such as pharmaceutical, retail, research, insurance, sports, health, services and food to
personalize products and services for users; Software that allows accessing of predictive and actionable data insights via cloud infrastructure; Computer hardware for use in activewear for sports,
training and rehabilitation; Protective helmets incorporated with computer hardware in the nature of body sensors; Software that provides predictive and actionable data insights that can be used by
3rd-parties such as insurance companies to assess patient risk; Software that generates predictive and actionable data insights through machine learning algorithms
Portable medical devices with sensors to detect the physical movement of a patient wearing the portable medical devices; portable wearable
medical devices with sensors that increase patient engagement during physiotherapy and training, detect injuries before they happen, help athletes train better and increase their performance
level
Muscle training braces incorporated with computer hardware in the nature of body sensors to be worn for support when playing sports
GOODS OR SERVICES
DELETE ALL ITU GOODS/SERVICES IN THIS CLASS OR PROCESS ACCORDING TO REQUEST TO DIVIDE
INTERNATIONAL CLASS
042
CURRENT IDENTIFICATION
Providing use of on-line non-downloadable cloud computing software for the storage of movement data; research and development of proprietary
sensor technology for seamless integration into activewear that helps improve outcomes for patients during physiotherapy, prevents injuries and elevates athletic performance
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 1553 (Rev 09/2005)
OMB No. 0651-0054 (Exp 12/31/2020)
Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))
To the Commissioner for Trademarks: MARK: FORMSENSE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88021635/large) SERIAL NUMBER: 88021635
OWNER AND/OR ENTITY INFORMATION The owner proposes to amend the following: Current: Arcsecond, Inc., having an address of
11490 Eastridge Place
San Diego, California 92131
United States Proposed: Arcsecond, Inc., having an address of
11490 Eastridge Place
San Diego, California 92131
United States
Phone:
Email: XXXX
The owner is submitting the following allegation of use information:
For International Class 009:
Current identification: Portable wearable devices with sensors to detect the movement of a wearer wearing the portable wearable devices; software for use with portable wearable device having sensors
to detect the movement of the wearer wearing the portable wearable devices; software for analyzing motion data from portable wearable devices having sensors for detecting movement of a wearer;
medical software for displaying physical movement data of a patient; medical software for analyzing the movement data of a patient; wearable motion sensors for use with virtual reality applications;
software for use in integrating sensor data with virtual reality applications; wearable motion sensors for use with augmented reality applications; software for use in integrating sensor data with
augmented reality applications; Computer software featuring artificial intelligence and machine learning models to derive insights from existing and/or new datasets obtained by devices that run such
software; software featuring algorithms for training machine learning models on existing and/or new datasets; software featuring artificial intelligence for developing algorithms with and without
human intervention; software for use in projecting data on multiple user interfaces in the nature of 2D, 3D, holographic, volumetric interfaces; software for use in extracting custom insights from
datasets created by the software after the fact; software for use in optimizing results based on available resources in the nature of computational power, battery capacity and memory resources in
devices that run such software; software for use in applying algorithms that use reinforcement-based learning to optimize results; Software for use with portable wearable devices having sensors to
process information into meaningful information that can be consumed through user interfaces in computing devices in the nature of personal computers, smartphones, hearable devices, virtual reality
and augmented reality devices; portable wearable devices with sensors that increase patient engagement during physiotherapy and training, detect injuries before they happen, help athletes train
better and increase their performance level; software for use with portable wearable devices that increase patient engagement during physiotherapy and training, detect injuries before they happen,
help athletes train better and increase their performance level; software for integrating information from various sensor types in the nature of inertial motion sensors, biometric sensors, emotional
sensors, physiological sensors, strength/resistance tools, clinical measurement tools in the nature of blood glucose monitors and blood pressure monitors; Software that provides predictive and
actionable data insights that can be used by 3rd-party industries such as pharmaceutical, retail, research, insurance, sports, health, services and food to personalize products and services for
users; Software that allows accessing of predictive and actionable data insights via cloud infrastructure; Computer hardware for use in activewear for sports, training and rehabilitation; Protective
helmets incorporated with computer hardware in the nature of body sensors; Software that provides predictive and actionable data insights that can be used by 3rd-parties such as insurance companies
to assess patient risk; Software that generates predictive and actionable data insights through machine learning algorithms
The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as
subsequently modified for this specific class.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/30/2020, and first used in commerce at least as early as
04/30/2020, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting
of a(n) Photo of goods displaying mark. Specimen File1
For International Class 010:
Current identification: Portable medical devices with sensors to detect the physical movement of a patient wearing the portable medical devices; portable wearable medical devices with sensors that
increase patient engagement during physiotherapy and training, detect injuries before they happen, help athletes train better and increase their performance level
The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as
subsequently modified for this specific class.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/30/2020, and first used in commerce at least as early as
04/30/2020, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting
of a(n) Photo of goods displaying mark. Specimen File1
For International Class 025:
Current identification: Wearable clothing incorporated with computer hardware in the nature of body sensors, namely, jerseys, pants, socks, and insoles
The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as
subsequently modified for this specific class.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/30/2020, and first used in commerce at least as early as
04/30/2020, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting
of a(n) Photo of pants displaying mark. Specimen File1
For International Class 028:
Current identification: Muscle training braces incorporated with computer hardware in the nature of body sensors to be worn for support when playing sports
All ITU goods/services in this class are to be deleted or processed according to a request to divide.
For International Class 042:
Current identification: Providing use of on-line non-downloadable cloud computing software for the storage of movement data; research and development of proprietary sensor technology for seamless
integration into activewear that helps improve outcomes for patients during physiotherapy, prevents injuries and elevates athletic performance
The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as
subsequently modified for this specific class.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/30/2020, and first used in commerce at least as early as
04/30/2020, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting
of a(n) Website page displaying mark and referencing services. Specimen File1
REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: 009, 010, 025, 042
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: 028
The applicant requests that the good(s)/service(s) based on use in commerce move to registration at this time.
Section 1(a) Good(s)/Service(s) Additional Information:
The owner's/holder's current attorney information: Christine M. Baker. Christine M. Baker of SHEPPARD MULLIN RICHTER & HAMPTON LLP, is located at
12275 EL CAMINO REAL, SUITE 200
SAN DIEGO, California 92130-2006
United States
The phone number is 858-720-8900.
The fax number is 858-509-3691.
The email address is ipdocketingtm@sheppardmullin.com
The owner's/holder's proposed attorney information: Christine M. Baker. Christine M. Baker of SHEPPARD MULLIN RICHTER & HAMPTON LLP, is a member of the XX bar, admitted to the bar in XXXX,
bar membership no. XXX, is located at
12275 EL CAMINO REAL, SUITE 200
SAN DIEGO, California 92130-2006
United States
The docket/reference number is 63DC-279774.
The phone number is 858-720-8900.
The fax number is 858-509-3691.
The email address is ipdocketingtm@sheppardmullin.com
Christine M. Baker 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.Correspondence Information (current):
CHRISTINE M. BAKER
PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketingtm@sheppardmullin.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dmtmdocketing@sheppardmullin.com Correspondence Information (proposed):
Christine M. Baker
PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketingtm@sheppardmullin.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cbaker@sheppardmullin.com; nhyatt@sheppardmullin.com
The docket/reference number is 63DC-279774.
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 $400 will be submitted with the form, representing payment for the allegation of use for 4 classes.
A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.
Declaration
The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently
modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on
or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in
the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to
advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.
Signature: /cmbaker/ Date: 06/10/2020
Signatory's Name: Christine M. Baker
Signatory's Position: Attorney for Applicant
Signatory's Phone: 858 720 8900
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
12275 EL CAMINO REAL, SUITE 200
SAN DIEGO, California 92130-2006
RAM Sale Number: 88021635
RAM Accounting Date: 06/10/2020
Serial Number: 88021635
Internet Transmission Date: Wed Jun 10 22:51:43 ET 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-202006102251434
93799-88021635-7102beed51044b5e43bb5ee7b
3dc6c5cc775610be4ca62f11e36d44ebcb6c5988
49-DA-51423582-20200610222617719447
