Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97427214

Filing Date: 05/25/2022

To the Commissioner for Trademarks:

MARK: PEAR HEALTH LABS (Standard Characters, see mark)
The literal element of the mark consists of PEAR HEALTH LABS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Pear Sports LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      Ste 120
      20371 Irvine Avenue
      Newport Beach, California 92660
      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:  Downloadable mobile applications for mobile and web-enabled devices for displaying and playing audio, audiovisual, graphic images, and video content, streaming audio, audiovisual, graphic images, and video content, managing health data, and analyzing health data in the field of training, coaching, health and fitness, corporate wellness, enterprise management, integration services, and data and analytics; Downloadable mobile applications for mobile and web-enabled devices for displaying, measuring, processing, receiving, transmitting and uploading to the Internet information relating to fitness, sports, and weight loss training programs; Downloadable mobile applications for mobile and web-enabled devices for tracking compliance with fitness, sports, and weight loss training programs; Downloadable mobile applications for mobile and web-enabled devices for use in database management; Downloadable mobile applications for mobile and web-enabled devices for use in operating and controlling data communications of electronic monitors and sensors used in fitness, sports, and weight loss training programs; Downloadable media, namely, audio and video recordings featuring fitness, sports, and weight loss training programs
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:  Providing information in the field of business enterprise management and business data analysis as it relates to data and analytics
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:  Providing a website featuring information in the field of fitness training, fitness coaching, and physical fitness
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:  Software as a service (SAAS) services featuring software for displaying and playing audio, audiovisual, graphic images, and video content, streaming audio, audiovisual, graphic images, and video content, managing health data, and analyzing health data in the field of training, coaching, health and fitness, corporate wellness, enterprise management, integration services, and data and analytics; Computer software development in the fields of fitness, sports, nutrition and weight loss; providing a website featuring information in the field of software integration 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 044:  Providing a website featuring information in the field of health and corporate wellness; providing a website featuring information regarding nutrition and weight loss
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: Andrew D. Skale. Other appointed attorneys are Susan Neuberger Weller, Ingrid A. Beattie, Micha Danzig, John M. Delehanty, Richard G. Gervase, Jr., Michael R. Graif, Fred C. Hernandez, Muriel M. Liberto, Boris A. Matvenko, Michael Renaud, Brad M. Scheller, Peter F. Snell, Pedro Suarez, Michael Van Loy, James Wodarski, Karen Won and all attorneys with the firm of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.. Andrew D. Skale of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., 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 300
      3580 Carmel Mountain Road
      San Diego, California 92130
      United States
      858-314-1506(phone)
      858-314-1501(fax)
      adskale@mintz.com
The docket/reference number is 043345420T01.
Andrew D. Skale 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:

Andrew D. Skale

PRIMARY EMAIL FOR CORRESPONDENCE: adskale@mintz.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jddib@mintz.com; ipdocketingbos@mintz.com; Mintzdocketing@cpaglobal.com; IPRecordsFile@mintz.com 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 $1750 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: /Lisa Williams/   Date: 05/24/2022
Signatory's Name: Lisa Williams
Signatory's Position: VP of Finance/CFO
Signatory's Phone Number: 9495028481
Signature method: Sent to third party for signature
Payment Sale Number: 97427214
Payment Accounting Date: 05/25/2022

Serial Number: 97427214
Internet Transmission Date: Wed May 25 07:17:46 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022052507174602
2001-97427214-82097ddebf357de7c825add5a3
1e78e8cdaeebada1eaf9bb354e248a4e5a7cd92-
DA-17454494-20220523174757958136