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: 90206376

Filing Date: 09/24/2020

To the Commissioner for Trademarks:

MARK: LILY (Standard Characters, see mark)
The literal element of the mark consists of LILY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Garmin Switzerland GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Switzerland, having an address of
      Mühlentalstrasse 2
      Schaffhausen 8200
      Switzerland
      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:  Monitoring devices not for medical purposes used to monitor body movements and speed; GPS tracking devices; monitoring devices for calculating, monitoring, recording or displaying physical activity levels, and/or physical inactivity periods, and/or steps walked or ran, and/or distances covered in exercise, and/or exercise levels achieved compared with exercise level goals, and/or calories burned, and/or exercise goal levels based on past exercise, and/or the quality of rest and sleep patterns; apparatus or instruments for calculating, monitoring, tracking, recording or display purposes, namely, activity trackers; devices incorporating a horological function and being used for calculating, monitoring, recording or displaying physical activity levels, and/or physical inactivity periods, and/or steps walked or ran, and/or distances covered in exercise, and/or exercise levels achieved compared with exercise level goals, and/or calories burned, and/or exercise goal levels based on past exercise, and/or the quality of rest and sleep patterns, namely, activity trackers; apparatus or instruments incorporating a horological function for calculating, monitoring, tracking, recording or display purposes, namely, activity trackers; wearable digital electronic devices in the form of a wrist smartwatch for providing software and display screens for viewing, sending and receiving texts, emails, data and information; electronic devices in the form of a wristband or bracelet incorporating a display screen and/or software for viewing, sending and/or receiving texts, emails, data or other information, namely, activity trackers; Global Positioning Systems (GPS); software and hardware for use in navigation or for use in GPS; GPS incorporating a watch, GPS incorporating watches or horologic instruments; GPS incorporating watches or horologic instruments; and parts of and fittings for the aforesaid goods.
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 010:  Monitoring devices for medical purposes for calculating, monitoring, recording or displaying physical activity levels, and/or physical inactivity periods, and/or steps walked or ran, and/or distances covered in exercise, and/or exercise levels achieved compared with exercise level goals, and/or calories burned, and/or exercise goal levels based on past exercise, and/or the quality of rest and sleep patterns; apparatus or instruments for medical purposes for calculating, monitoring, tracking, recording or display purposes, namely, heart rate monitors (HRM); devices for medical purposes incorporating a horological function and being for calculating, monitoring, recording or displaying physical activity levels, and/or physical inactivity periods, and/or steps walked or ran, and/or distances covered in exercise, and/or exercise levels achieved compared with exercise level goals, and/or calories burned, and/or exercise goal levels based on past exercise, and/or the quality of rest and sleep patterns, namely, heart rate monitors; apparatus or instruments for medical use for calculating, monitoring, tracking, recording or display purposes, namely, heart rate monitors; and parts and fittings for all the aforesaid goods.
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 014:  Watches incorporating a Global Positioning System (GPS) or incorporating a GPS function; watches incorporating software and display screens for viewing, sending and receiving texts, emails, data and information; horologic instruments incorporating a Global Positioning System (GPS); watches incorporating a GPS; parts and fittings for all the aforesaid.
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.



For informational purposes only, applicant's website address is: http://www.garmin.com/en-US/

The owner's/holder's proposed attorney information: David V. Ayres. Other appointed attorneys are Samuel M. Korte and Max M. Ali. David V. Ayres of Garmin International, Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Legal Department - IP
      1200 E. 151st Street
      Olathe, Kansas 66062
      United States
      913-397-8200(phone)
      913-397-9079(fax)
      trademarks@garmin.com
The docket/reference number is 701.1430.
David V. Ayres 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:

David V. Ayres

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@garmin.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 $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: /David V Ayres/   Date: 09/24/2020
Signatory's Name: David V. Ayres
Signatory's Position: Attorney of record, Kansas bar member
Payment Sale Number: 90206376
Payment Accounting Date: 09/24/2020

Serial Number: 90206376
Internet Transmission Date: Thu Sep 24 10:26:31 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2020092410263191
6473-90206376-75032fb437fa079439a741d7af
c722dd21041b6a96bf6ecfb1716dcfbeb1c10c49
a-DA-26311444-20200924090238177135