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: 90095615

Filing Date: 08/05/2020

To the Commissioner for Trademarks:

MARK: FOODSMART (Standard Characters, see mark)
The literal element of the mark consists of FOODSMART. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Zipongo, Inc., a corporation of Delaware, having an address of
      901 Battery Street, Suite 250
      San Francisco, California 94111
      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:  Computer software; downloadable software in the nature of a mobile application; mobile application software for wireless devices that provides users with recipes, personalized meal planning services and information about health, wellness and nutrition
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 information and advice in the field of health, wellness and nutrition; educational services, namely, online newsletter, journals and blogs featuring recipes, health, wellness and nutrition information
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:  Platform as a service (PAAS) featuring computer software platforms for health care providers, namely, dieticians and medical personnel to communicate with patients regarding heath, wellness and nutrition; software as a service (SAAS) services featuring software for providing participants online access in the field of digital health to gain insight, tools, and the support in the fields of health, wellness and nutrition; providing a web hosting digital therapeutic platform for the management and care of clinical conditions
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 043:  Providing personalized meal planning services and personalized recipes
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:  Providing healthcare information; providing a website featuring interactive health, wellness and nutrition assessments; providing nutrition assessments and consultation to help individuals make health, wellness and nutritional changes to improve health; health care services, namely, nutrition and wellness services, telenutrition, health coaching and online nutrition education and support; providing a website featuring technology that enables users to create grocery lists and assists users in online grocery choices and ordering
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: Connie L. Ellerbach, Esq.. Other appointed attorneys are all other attorneys of Fenwick & West LLP. Recognized Canadian attorney(s)/agent(s) is/are Connie L. Ellerbach, Esq.. Connie L. Ellerbach, Esq. 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 94041-1990
      United States
      650-988-8500(phone)
      (650) 938-5200(fax)
      trademarks@fenwick.com
The docket/reference number is 30206-00070.
Connie L. Ellerbach, Esq. 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:

Connie L. Ellerbach, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fenwick.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $1375 has been submitted with the application, representing payment for 5 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: /Jason M Langheier/   Date: 08/05/2020
Signatory's Name: Jason Langheier
Signatory's Position: CEO & Founder
Payment Sale Number: 90095615
Payment Accounting Date: 08/05/2020

Serial Number: 90095615
Internet Transmission Date: Wed Aug 05 19:08:53 ET 2020
TEAS Stamp: USPTO/BAS-X.XX.XXX.XXX-20200805190853389
111-90095615-740902b8418de376fe3ec487bf7
c548f72dd64c9d1c18b8646e5cb552e368b34815
-DA-08530254-20200729032745846258