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`LH/SWF
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`October 14, 2023
`
`Opposition No. 91277796
`
`Glo Digital, Inc
`
`v.
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`Happify Inc.
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`
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`By the Trademark Trial and Appeal Board:
`
`On October 6, 2023, Applicant filed the parties’ stipulated proposed amendment
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`to Applicant’s application Serial No. 90655479 and Opposer’s withdrawal of the
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`opposition, contingent upon entry of the amendment.1
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`By the proposed amendment, Applicant seeks to amend the identification of goods
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`and services in International Classes 9, 41, 44, and 45 as follows:2
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`
`1 When a party to an inter partes proceeding before the Board files a submission required by
`37 C.F.R.§ 2.119(a) to be served upon every other party to the proceeding, the party filing the
`submission must include proof that the required service has been made and such proof
`ordinarily must be submitted before the filing will be considered by the Board, even though
`the submission is stipulated. Occasionally, in order to expedite matters, the Board will
`provide a link to the database where a copy of the filing can be viewed. In this instance, the
`Board exercises its discretion and will consider the filing, however, strict compliance is
`required in all future submission filed with the Board. A copy of the filing can be viewed using
`TTABVUE at http://ttabvue.uspto.gov.
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`2 The bold wording indicates the proposed language to be added to the identification.
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`

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`Opposition No. 91277796
`
`
`International Class 9
`
`FROM:
`
`
`TO:
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`Downloadable interactive multimedia computer program for use in the
`fields of self-improvement, positive psychology, personal happiness,
`mental health and wellness for use on computers, mobile phones,
`portable media players, handheld computers, and other mobile devices;
`Downloadable computer game software; Downloadable game software
`for use on computers, mobile phones, portable media players, handheld
`computers, and other mobile devices; Downloadable Software as a
`Medical Device (SaMD) for treating psychological conditions; Recorded
`Software as a Medical Device (SaMD) for treating psychological
`conditions
`
`Downloadable interactive multimedia computer program for use in the
`fields of self-improvement, positive psychology, personal happiness,
`mental health and wellness for use on computers, mobile phones,
`portable media players, handheld computers, and other mobile devices;
`Downloadable computer game software; Downloadable game software
`for use on computers, mobile phones, portable media players, handheld
`computers, and other mobile devices; Downloadable Software as a
`Medical Device (SaMD) for treating psychological conditions; Recorded
`Software as a Medical Device (SaMD) for treating psychological
`conditions; all of the aforesaid goods used in connection with an
`FDA-approved medical device prescribed by a licensed medical
`practitioner and being or relating to digital therapeutics in the
`fields of mental health; none of the aforesaid being in the fields
`of yoga or physical fitness training
`
`
`International Class 41
`
`FROM:
`
`Educational services, namely, providing a website featuring non-
`downloadable publications in the nature of articles in the fields of self-
`improvement, positive psychology, personal happiness, and mental
`health and wellness; Providing a web site featuring non-downloadable
`instructional videos
`in the
`field of self-improvement, positive
`psychology, personal happiness, and mental health and wellness;
`Providing a website featuring non-downloadable publications in the
`nature of articles in the field of self-improvement, positive psychology,
`personal happiness, and mental health and wellness; Entertainment
`services, namely, providing a web site featuring photographic, audio,
`video and prose presentations featuring self-improvement, positive
`psychology, personal happiness, and mental health and wellness;
`Providing non-downloadable videos in the field of self-improvement,
`positive psychology, personal happiness, and mental health and
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`
`
`2
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`

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`Opposition No. 91277796
`
`
`wellness via a website; Providing a website featuring blogs and non-
`downloadable publications in the nature of articles in the field(s) of self-
`improvement, positive psychology, personal happiness, and mental
`health and wellness; Providing a website featuring non-downloadable
`articles in the field of self-improvement, positive psychology, personal
`happiness, and mental health and wellness; Providing a website
`featuring non-downloadable videos in the field of self-improvement,
`positive psychology, personal happiness, and mental health and
`wellness; Providing a website featuring resources, namely, non-
`downloadable publications in the nature of articles in the field of self-
`improvement, positive psychology, personal happiness, and mental
`health and wellness
`
`Educational services, namely, providing a website featuring non-
`downloadable publications in the nature of articles in the fields of self-
`improvement, positive psychology, personal happiness, and mental
`health and wellness; Providing a web site featuring non-downloadable
`instructional videos
`in the
`field of self-improvement, positive
`psychology, personal happiness, and mental health and wellness;
`Providing a website featuring non-downloadable publications in the
`nature of articles in the field of self-improvement, positive psychology,
`personal happiness, and mental health and wellness; Entertainment
`services, namely, providing a web site featuring photographic, audio,
`video and prose presentations featuring self-improvement, positive
`psychology, personal happiness, and mental health and wellness;
`Providing non-downloadable videos in the field of self-improvement,
`positive psychology, personal happiness, and mental health and
`wellness via a website; Providing a website featuring blogs and non-
`downloadable publications in the nature of articles in the field(s) of self-
`improvement, positive psychology, personal happiness, and mental
`health and wellness; Providing a website featuring non-downloadable
`articles in the field of self-improvement, positive psychology, personal
`happiness, and mental health and wellness; Providing a website
`featuring non-downloadable videos in the field of self-improvement,
`positive psychology, personal happiness, and mental health and
`wellness; Providing a website featuring resources, namely, non-
`downloadable publications in the nature of articles in the field of self-
`improvement, positive psychology, personal happiness, and mental
`health and wellness; all of the aforesaid services used in
`connection with an FDA-approved medical device prescribed by
`a licensed medical practitioner and being or relating to digital
`therapeutics in the fields of mental health; none of the aforesaid
`being in the fields of yoga or physical fitness training
`
`3
`
`
`TO:
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`

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`Opposition No. 91277796
`
`
`International Class 44
`
`FROM:
`
`Providing a web site featuring information in the field of mental health
`and wellness; Providing information in the field of psychological
`counseling and treatment; Providing wellness services, namely,
`personal assessments, personalized routines, maintenance schedules,
`and counseling; Providing a website featuring information about health
`and wellness, namely, positive psychology, personal happiness, and
`mental health and wellness; Providing a website featuring information
`in the field of the diagnosis and treatment of psychological conditions;
`Providing a website featuring information in the field of positive
`psychology, personal happiness, and mental health and wellness health
`
`
`TO:
`
`Providing a web site featuring information in the field of mental health
`and wellness; Providing information in the field of psychological
`counseling and treatment; Providing wellness services, namely,
`personal assessments, personalized routines, maintenance schedules,
`and counseling; Providing a website featuring information about health
`and wellness, namely, positive psychology, personal happiness, and
`mental health and wellness; Providing a website featuring information
`in the field of the diagnosis and treatment of psychological conditions;
`Providing a website featuring information in the field of positive
`psychology, personal happiness, and mental health and wellness health;
`all of the aforesaid services used in connection with an FDA-
`approved medical device prescribed by a licensed medical
`practitioner and being or relating to digital therapeutics in the
`fields of mental health; none of the aforesaid being in the fields
`of yoga or physical fitness training
`
`
`International Class 45
`
`FROM:
`
`Providing a website featuring information in the field of self-
`improvement
`
`
`TO:
`
`
`
`
`
`Providing a website featuring information in the field of self-
`improvement; all of the aforesaid services used in connection
`with an FDA-approved medical device prescribed by a licensed
`medical practitioner and being or relating
`to digital
`therapeutics in the fields of mental health; none of the aforesaid
`being in the fields of yoga or physical fitness training
`
`4
`
`

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`Opposition No. 91277796
`
`
`The amendment is limiting in nature, as required by Trademark Rule 2.71(a).
`
`Because Opposer consents thereto, the amendment is approved and entered. See
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`Trademark Rule 2.133(a).
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`The contingency in Opposer’s withdrawal having now been met, the opposition is
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`dismissed in accordance with the agreement between the parties.
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`
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`5
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