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

---

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: 97623577

Filing Date: 10/07/2022

To the Commissioner for Trademarks:

MARK: VITALITY (stylized and/or with design, see mark)
The literal element of the mark consists of VITALITY. The color(s) pink is/are claimed as a feature of the mark. The mark consists of The mark consists of the word "VITALITY" in a stylized pink font. The color white represents background, outlining, shading and/or transparent areas and is not part of the mark.
The applicant, Vitality Group International, Inc., a corporation of Delaware, having an address of
      Taft Stettinius & Hollister LLP
      1 Indiana Sq Ste 3500
      Indianapolis, Indiana 46204
      United States
      XXXXand a domicile address of       XXXX
      XXXX, XXXX XXXX
      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 software application for setting and tracking health goals, locating gyms, and tracking workouts in the fields of insurance, health, medical and wellness 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 016:  printed materials, namely, research reports, conference reports, surveys, books, journals and policy briefs featuring issues relating to health promotion and group or individual health and wellness 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 assistance, fitness evaluation and consultation to businesses to help their employees make health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs; Promoting public awareness of health and wellness issues that affect health promotion and group or individual health and wellness programs; Health related insurance services and products, namely, providing a health insurance exchange in the nature of a marketplace that offers purchasers of health insurance a variety of plans, namely, traditional and pre-paid health insurance plans, consumer driven health care plans, health reimbursement arrangements, from different insurance providers, and health benefit plan management services of others in the nature of cost management for the health benefit plans of others; Providing business assistance and consultation to businesses to help their employees make health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs, namely, by promoting awareness of the benefits of making health, wellness and nutritional changes in daily living via incentive loyalty programs and reward programs, specifically excluding promotional services relating to financial services, credit and debit card services and payment solutions services, incentive loyalty programs and reward programs unrelated to life insurance, health insurance or medical insurance, identify theft identification and protection services, and bonus programs and promotional schemes associated with credit card services and payment solution services; Providing business assistance and consultation to businesses to help their employees make health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs in the nature of health care cost review and containment; Health related insurance services, namely, cost management of traditional and pre-paid health insurance plans, consumer driven health care plans, health reimbursement arrangements and pre-paid health insurance plans that mutually benefit employees, employers, and the greater society based on dynamic pricing and risk-management analysis, and health benefit plan cost management services; providing business administration assistance and consultation to businesses to lower health care cost and increase productivity through employee health, wellness and nutritional changes in their daily living; management of databases in the fields of employee health insurance and wellness programs; Health care related services, namely, wellness services, namely, promoting health and healthy behaviors by means of arranging and conducting incentive awards programs for health plan participants to motivate their participation in activities that promote health and reward healthy behaviors; providing assistance, incentive loyalty programs and reward programs, and consultation to businesses to help their employees make health, wellness and nutritional changes in their daily living to increase business productivity and lower health care costs; providing business consulting services in the field of wellness, namely, providing health plan sponsors with business information and business methods for coordinating each health plan participant's plan participation costs with the level of such participant's engagement in behaviors that promote health and wellness; providing business assistance and consultation to businesses in the field of health care to help employees make health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs; database management for others in the fields of employee life and health insurance and wellness programs; database management for others in the fields of employee health insurance and wellness programs; Business consultation to assist businesses in promoting employee awareness of the benefits of making health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs; management of databases in the fields of employee health insurance and wellness 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 036:  Providing health insurance underwriting services through pre-paid health plans offering wellness programs that reward members for participation in prevention, fitness, lifestyle and education activities; Providing health insurance underwriting services; Health related insurance services, namely, underwriting, administering, managing, and providing traditional and pre-paid health insurance plans, consumer driven health care plans, health reimbursement arrangements, medical savings account services, health benefit plan management services and pre-paid health insurance plans for the benefit of others; Insurance underwriting and administrative services, namely, the underwriting and administration of life insurance, health insurance or medical insurance; healthcare financing; providing information in the field of healthcare financing; issuing of tokens of value in relation to customer loyalty arrangements and programs exclusively related to life insurance, health insurance or medical insurance; insurance services, namely, administration of health insurance; Insurance underwriting and administration services for life insurance programs and health insurance programs which include a wellness program; health care related services, namely, wellness services, namely, providing benefit services information by means of a global computer network; health care related services, namely, providing benefit services information by means of a global computer network; Health care related services in the nature of wellness services, namely, providing benefit services information in the nature of information about healthcare insurance plans by means of a global computer network; Health related insurance services and products, namely, underwriting, administering, managing, and insurance brokerage services in the nature of providing traditional and pre-paid health insurance plans, consumer driven health care plans, health reimbursement arrangements, medical savings account services, financial management services of health benefit plans and providing pre-paid health insurance plans for the benefit of others; providing an on-line computer database for others for researching and reporting in the fields of employee life and health insurance; issuing of tokens of value in relation to customer loyalty arrangements and programs exclusively related to life insurance, health insurance or medical insurance, specifically excluding the issuance of tokens of value for financial services, credit and debit card services and payment solutions services, incentive loyalty programs, reward programs unrelated to life insurance, health insurance or medical insurance, identify theft identification and protection services, bonus programs and promotional schemes associated with credit card services and payment solution services; Providing wellness services, namely, providing health plan sponsors with financial information and financial advice in the nature of methods for coordinating each health plan participant's plan participation costs with the level of such participant's engagement in behaviors that promote health and wellness; Health care related services, namely, wellness programs and providing benefit services information in the nature of health insurance plans by means of a global computer network; Health care related wellness services, namely, providing benefit services information in the nature of information about healthcare insurance plans by means of a global computer network; Health related insurance services, namely, health insurance underwriting, insurance administration, financial management, and insurance brokerage, all in the field of traditional and pre-paid health insurance plans, consumer driven health care plans, health reimbursement arrangements, medical savings accounts and pre-paid health insurance plans for the benefit of others, and health benefit plan management services in the nature of processing, administering and managing employee benefits plans concerning insurance and finance; providing an on-line computer database for others featuring information and statistics about patient reimbursement and insurance coverage for researching and reporting in the fields of employee life and health insurance; Insurance services, namely, the underwriting and administration of life insurance, health insurance and medical insurance; providing financial information in the field of financing loans for individual healthcare; issuing of tokens of value in relation to customer loyalty arrangements and programs exclusively related to life insurance, health insurance and medical insurance, specifically excluding the issuance of tokens of value for financial services, credit and debit card services and payment solutions services, incentive loyalty programs, reward programs unrelated to life insurance, health insurance or medical insurance, identify theft identification and protection services, bonus programs and promotional schemes associated with credit card services and payment solution services; Providing wellness services, namely, providing health plan sponsors with financial information and financial advice about methods for coordinating each health plan participant's plan participation costs with the level of such participant's engagement in behaviors that promote health and wellness; administration of pre-paid health care plans offering wellness programs that reward members for participation in prevention, fitness, lifestyle and education activities; Health care related services, namely, providing benefit services information in the nature of information about healthcare insurance plans by means of a global computer network; Providing databases featuring information about insurance, namely, employee health insurance; Health related insurance services and products, namely, underwriting and financial, claims administration of traditional and pre-paid health insurance plans, consumer driven health care plans, health reimbursement arrangements, medical savings accounts and pre-paid health insurance plans that mutually benefit employees, employers, and the greater society based on dynamic pricing and risk-management analysis; Health care related wellness services, namely, providing health plan participants with information via a web site on healthcare benefit insurance plans; healthcare financing in the nature of financing loans for individual healthcare; Insurance services, namely, claims, financial administration of health insurance; Insurance underwriting and insurance administration services for life insurance programs and health insurance programs which include a wellness program; Healthcare financing in the nature of financing medical research of 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.

International Class 041:  Educational services, namely, organizing and conducting workshops, conferences and symposia relating to health promotion and group or individual health and wellness issues; Health care related services in the nature of wellness services, namely, providing health plan participants incentives to motivate their participation in activities that promote health and reward healthy behaviors via providing recognition and incentives by the way of awards to demonstrate excellence in the fields of healthy eating and continued and effective practice of physical exercise to motivate their participation in activities that promote health and reward healthy behaviors by means of a global computer network; providing recognition and incentives by the way of rewards in the nature of awards distributed through a loyalty program contests for businesses to demonstrate excellence in the fields of making health, wellness and nutritional changes in daily living to increase productivity and lower health care costs, specifically excluding promotional services relating to financial services, credit and debit card services and payment solutions services, incentive loyalty programs and reward programs unrelated to life insurance, health insurance or medical insurance, identify theft identification and protection services, and bonus programs and promotional schemes associated with credit card services and payment solution services; Providing an on-line computer database for others featuring information regarding fitness, which is used to assist in researching and reporting in the fields of health care wellness 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 042:  application service provider, namely, providing, hosting, managing, developing, researching, analyzing, reporting, and maintaining applications, software and databases for others in the fields of employee health insurance and wellness programs; application services provider, namely, hosting, managing, developing, analyzing, and maintaining applications and software in the fields of employee health insurance and wellness programs; application services provider, namely, hosting, managing, developing, researching, analyzing, and maintaining applications, software for others in the fields of employee life and health insurance and wellness programs; application services provider, namely, providing online non-downloadable applications and software for others for setting and tracking health goals, locating gyms, and tracking workouts in the fields of employee life and health insurance and wellness programs; application service provider, namely, hosting, managing, developing, researching, analyzing, and maintaining applications, software for others in the fields of employee health insurance and wellness programs; health care related services, namely, wellness programs and providing health and medical care information and benefit services information by means of a global computer network; hosting digital content on the internet, namely, hosting an on-line computer database for others in the fields of employee life and health insurance and wellness programs; hosting digital content on the internet, namely, hosting an on-line computer database for others in the fields of employee health insurance and wellness 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 044:  Health care related services, namely, wellness services, namely, providing health plan participants with health information to motivate their participation in activities that promote health and reward healthy behaviors, and providing health and medical care information by means of a global computer network; providing an on-line computer database for others featuring information regarding health and nutrition in the fields of employee life and health insurance and wellness programs; providing an on-line computer database for others featuring information regarding health and nutrition in the fields of employee health insurance and wellness programs; health care related services, namely, wellness programs and providing health and medical care information by means of a global computer network; Health care related services in the nature of wellness services, namely, providing health plan participants with information via a web site on the benefits of good health and nutrition, and providing health and medical care information in the nature of internet-based health care information services by means of a global computer network; Providing an on-line computer database for others featuring information regarding health and nutrition for researching and reporting in the fields of health care wellness programs; providing information in connection with the forgoing, namely, medical information; Providing wellness services, namely, providing health plan sponsors with personalized healthcare and medical information through reports regarding participant's engagement in behaviors that promote health and wellness and methods in the nature of medical advice in the field of physical activity for promoting personal fitness to help coordinate each health plan participant's plan participation costs with the level of such participant's engagement in behaviors that promote health and wellness; Health care services in the nature of wellness programs that reward members for participation in prevention, fitness, lifestyle and education activities; Health care related services, namely, health care services in the nature of wellness programs and providing health and medical care information by means of a global computer network; providing information in connection with the forgoing, namely, healthcare information; Providing medical testing services, namely, fitness evaluation provided to businesses in order to help their employees make health, wellness and nutritional changes in their daily living, which will help to increase productivity and lower health care costs; Providing an on-line computer database for others featuring information and statistics about health and wellness, which is used to assist in researching and reporting in the fields of employee life and health insurance; Health care related services, namely, wellness programs and providing health and medical care information and benefit services information by means of a global computer network
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: Amy Wright. Other appointed attorneys are Elizabeth Baumhart and Victoria Sedinger. Amy Wright of Taft Stettinius & Hollister 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
      1 Indiana Sq Ste 3500
      Indianapolis, Indiana 46204
      United States
      317-713-3500(phone)
      efstrademarks@taftlaw.com
The docket/reference number is VIT06-00267.
Amy Wright 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:

Amy Wright

PRIMARY EMAIL FOR CORRESPONDENCE: efstrademarks@taftlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): awright@taftlaw.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 $2450 has been submitted with the application, representing payment for 7 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: /Amy Wright/   Date: 10/07/2022
Signatory's Name: Amy Wright
Signatory's Position: Attorney of Record, IN Bar Member
Signatory's Phone Number: 317-713-3500
Signature method: Signed directly within the form
Payment Sale Number: 97623577
Payment Accounting Date: 10/07/2022

Serial Number: 97623577
Internet Transmission Date: Fri Oct 07 16:09:00 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.X-20221007160900625
455-97623577-820b73784106cbd2dec2e9ba381
678318c7b71dbab4fe9a57cd6c68903932a6-DA-
09002644-20221007152711738080