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: 90203875

Filing Date: 09/23/2020

To the Commissioner for Trademarks:

MARK: HYPERICE (Standard Characters, see mark)
The literal element of the mark consists of HYPERICE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Hyper Ice, Inc., a corporation of California, having an address of
      Suite 100
      525 Technology Drive
      Irvine, California 92618
      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:  Voice controlled smart audio hub using artificial intelligence comprised of voice-activated speakers, computer hardware, and software for controlling networked devices in the internet of things (IoT) for use in collecting, processing and transmitting physical fitness and healthcare data and information; downloadable software in the nature of mobile applications for analyzing physical fitness and activity data using artificial intelligence; software using artificial intelligence for interacting with users in the fields of healthcare, preventative health, physical fitness and rehabilitation and nutrition; personal electronic devices used to track fitness and rehabilitation goals and statistics; portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files; wearable electronic devices that are comprised of software that communicates data to mobile electronic devices and computers; computer peripheral devices; computers; sensors for scientific use to be worn by a human to gather data; software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files screens; computer application software for smartphones and mobile devices in the fields of fitness and exercise featuring personal training services, coaching, workouts and fitness assessments; mobile application software for creating personalized fitness training programs; computer application software for smartphones and mobile devices to support corporate wellness programs; computer hardware; computer software; computer application software for mobile devices; downloadable computer software and downloadable mobile applications using artificial intelligence for use in medical treatment, diagnosis, and improvement of health and wellness
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.

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 European Union Trademark - EUTM application number 018226396, filed 04/17/2020.
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 010:  Medical devices and apparatus; medical devices and apparatus with embedded artificial intelligence software for making medical and physical therapy and physical rehabilitation recommendations and changes, generating specific and customized recommendations, and predicting other health data points, detecting and analyzing physical indicators; wearable monitors for medical use; wearable monitors for medical use with smartwatch feature; devices for applying pneumatic waveform compression for treating medical conditions and for physical recovery and rehabilitation therapeutic cold compression wraps
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.

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 European Union Trademark - EUTM application number 018226396, filed 04/17/2020.
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 041:  Conducting fitness classes; physical fitness conditioning classes; personal training services, namely, strength and conditioning training; fitness boot camps; providing instruction and information in the fields of physical rehabilitation, fitness and exercise; pre-recorded athletic and fitness sessions; educational services, namely, conducting seminars, conferences, and workshops in the fields of fitness, athletic training, health and wellness; publication of online journals, namely blogs featuring commentary, advice and information in the fields of health, wellness, athletic training, fitness and nutrition; entertainment services; education services; providing online non-downloadable videos in the field of physical rehabilitation, and athletic, strength and fitness training for educational purposes; providing fitness and exercise facilities
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.

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 European Union Trademark - EUTM application number 018226396, filed 04/17/2020.
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:  Providing temporary use of non-downloadable computer software for tracking fitness, strength, physical recovery, health and wellness goals and statistics; providing temporary use of non-downloadable computer software for displaying, aggregating, analyzing and organizing data and information in the fields of health, wellness, fitness, strength, physical rehabilitation, and nutrition; providing temporary use of non-downloadable software for creating personalized fitness, strength and physical rehabilitation training programs; providing temporary use of non-downloadable software for providing personal training services, workouts, physical rehabilitation and fitness assessments; software as a service (SaaS) that enables management and tracking of participation and progress in fitness, wellness, strength, and physical therapy and rehabilitation programs; Software as a service (SaaS) for use in designing, creating and analyzing data, metrics and reports in the areas of health, fitness, strength, athletic training, and physical therapy and rehabilitation; design and development of computer hardware and software; scientific research services; support and consultation services for developing computer systems, databases and applications; providing temporary use of web-based software applications using artificial intelligence to collect, systematize, compile, store, transmit, process and analyze data in the fields of physical therapy, rehabilitation, health and wellness; software as a service (SAAS) services featuring artificial intelligence software for making medical and physical therapy and rehabilitation recommendations and changes; software as a service services featuring software for analyzing physical and activity data using artificial intelligence; software as a service (SAAS) services
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.

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 European Union Trademark - EUTM application number 018226396, filed 04/17/2020.
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 044:  Medical services; physical health monitoring services for medical diagnosis and treatment purposes; remote monitoring of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes; information, advisory, and consulting services relating to the aforesaid; physical rehabilitation, bodywork therapy, physical therapy; providing physical rehabilitation facilities; providing information in the field of health and wellness; physical testing, namely, fitness evaluation services; massage therapy services
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.

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 European Union Trademark - EUTM application number 018226396, filed 04/17/2020.
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: Jill Anderfuren. Jill Anderfuren of Lewis Brisbois Bisgaard & Smith LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 300
      550 West Adams Street
      Chicago, Illinois 60661
      United States
      312-345-1718(phone)
      3123451778(fax)
      USDocket@lewisbrisbois.com
The docket/reference number is 36366-6310US.
Jill Anderfuren 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:

Jill Anderfuren

PRIMARY EMAIL FOR CORRESPONDENCE: USDocket@lewisbrisbois.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: /Jonathan Howell/   Date: 09/23/2020
Signatory's Name: Jonathan Howell
Signatory's Position: General Counsel
Payment Sale Number: 90203875
Payment Accounting Date: 09/23/2020

Serial Number: 90203875
Internet Transmission Date: Wed Sep 23 14:56:30 ET 2020
TEAS Stamp: USPTO/BAS-X.XX.XXX.XX-202009231456300924
48-90203875-750a94dc4242794754f62124badd
eceb22d8c7787c859c435ba1451ed79cdc4977-C
C-56298488-20200923104535378957