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: 90232786

Filing Date: 10/02/2020

To the Commissioner for Trademarks:

MARK: HEARTBEAT (Standard Characters, see mark)
The literal element of the mark consists of HEARTBEAT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Heartbeat, Inc., a corporation of Delaware, having an address of
      9 Bartlet Street, Suite #9
      Andover, Massachusetts 01810
      United States
      XXXX
Domiciled at: 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:  Downloadable computer application software for portable electronic devices, namely, software that allows users to view, browse, search, rate, review, purchase, track, and arrange for pick-up and delivery of groceries and household goods; downloadable computer application software for portable electronic devices, namely, software that allows users to view, browse, search, rate, review, publish, and share meal plans, recipes, and shopping lists
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 035:  Online retail grocery store services; online retail grocery store services featuring in-store pick-up, curbside pick-up, drive-through pick-up, and delivery 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.

International Class 039:  Transport, delivery, packaging, and storage of 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 042:  Providing a website featuring technology that allows users to view, browse, search, rate, review, purchase, track, and arrange for pick-up and delivery of groceries and household goods; software as a service (SAAS) services featuring software that allows users to view, browse, search, rate, review, purchase, track, and arrange for pick-up and delivery of groceries and household goods; providing a website featuring technology that allows users to view, browse, search, rate, review, publish, and share meal plans, recipes, and shopping lists; software as a service (SAAS) services featuring software that allows users to view, browse, search, rate, review, publish, and share meal plans, recipes, and shopping lists
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: Joshua Jarvis. Other appointed attorneys are Natasha Reed, Jenevieve Maerker, Nicole Kinsley, Jennifer Yoo. Joshua Jarvis of Foley Hoag 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
      155 Seaport Blvd.
      Boston, Massachusetts 02210-2600
      United States
      617-832-3018(phone)
      617-832-7000(fax)
      ustrademark@foleyhoag.com

Joshua Jarvis 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:

Joshua Jarvis

PRIMARY EMAIL FOR CORRESPONDENCE: ustrademark@foleyhoag.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 $1100 has been submitted with the application, representing payment for 4 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: /James McQuade/   Date: 10/02/2020
Signatory's Name: James McQuade
Signatory's Position: President
Payment Sale Number: 90232786
Payment Accounting Date: 10/02/2020

Serial Number: 90232786
Internet Transmission Date: Fri Oct 02 17:30:56 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20201002173056747
495-90232786-7502afe683fc502c4efc51a5f9c
43eefb9414d9717ab8761a28e9dfd36c3877-CC-
30557667-20201002155246516616