Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90534919

Filing Date: 02/18/2021

To the Commissioner for Trademarks:

MARK: v. (stylized and/or with design, see mark)
The literal element of the mark consists of v.. The applicant is not claiming color as a feature of the mark. The mark consists of a teardrop shape depicted in the color white on a black background; a stylized letter "V" and a dot to its lower left, both within the teardrop shape and both depicted in the color black; the colors black and white are not claimed, but are only used to depict the logo design and background.
The applicant, Vimocity Inc., a corporation of Washington, having an address of
      4616 25th Ave NE, PMB #394
      Seattle, Washington 98105
      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:  Recorded software applications for providing users with preventative health and wellness education and injury prevention strategies; recorded software applications for improving, maintaining, and promoting optimal physical function and for preventing the onset of physical injury due to functional limitations, mobility restrictions, overuse, and repetitive stress; recorded software applications for providing users with wellness coaching and information, such as nutrition, hydration, sleep, and stress management
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:  Software as a Service (SaaS) services featuring software for providing individuals and businesses with preventative health and wellness education and injury prevention strategies; Software as a Service (SaaS) services featuring software for improving, maintaining, and promoting optimal physical function and for preventing the onset of physical injury due to functional limitations, mobility restrictions, overuse, and repetitive stress; providing information related to wellness, such as nutrition, hydration, sleep, and stress management; wellness coaching services; providing personalized preventative mobility planning services; providing assistance and consultation to corporate clients to help their employees make health, wellness and nutritional changes in their daily living to improve health; providing assistance and consultation to individuals to help them make health, wellness and nutritional changes in their daily living to improve health; providing information in the field of wellness; providing employers with wellness resources; providing a digital wellness platform for others
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: Kevin S. Costanza. Other appointed attorneys are E. Russell Tarleton, Jared M. Barrett, Hayley J. Talbert, Syed Abedi, Duncan Stark, Russell C. Pangborn, Marc C. Levy, Brooke W. Quist, Kevan L. Morgan, Stephen J. Rosenman, Bradley Zentz, Brigid C. Mahoney, and Thomas A. Shewmake. Kevin S. Costanza of Seed IP Law Group 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
      Suite 5400
      701 Fifth Avenue
      Seattle, Washington 98104
      United States
      206-622-4900(phone)
      206-682-6031(fax)
      USTM.docketing@SeedIP.com
The docket/reference number is 930195.20003.
Kevin S. Costanza 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:

Kevin S. Costanza

PRIMARY EMAIL FOR CORRESPONDENCE: USTM.docketing@SeedIP.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 $700 has been submitted with the application, representing payment for 2 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: /Kevin S. Costanza/   Date: 02/18/2021
Signatory's Name: Costanza, Kevin S.
Signatory's Position: Attorney for Applicant, Washington State Bar Member
Signatory's Phone Number: 206-622-4900
Signature method: Sent to third party for signature
Payment Sale Number: 90534919
Payment Accounting Date: 02/18/2021

Serial Number: 90534919
Internet Transmission Date: Thu Feb 18 20:55:27 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202102182055278853
39-90534919-77044acd424128c9317f79470497
f1681dd3e617dcbe896e88f03a711c81d389f-CC
-55260663-20210218144046318688