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: 90578178
`Filing Date: 03/14/2021
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`MARK INFORMATION
`
`*MARK
`
`SPECIAL FORM
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`COLOR MARK
`
`*DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`PIXEL COUNT ACCEPTABLE
`
`PIXEL COUNT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*MAILING ADDRESS
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`90578178
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\905\781\90578178\xml1 \ APP0002.JPG
`
`YES
`
`NO
`
`Fitness+
`
`NO
`
`The mark consists of the design of an apple with a bite
`removed and the word "Fitness+".
`
`YES
`
`640 x 400
`
`Principal
`
`Apple Inc.
`
`One Apple Park Way
`
`Cupertino
`
`California
`
`*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`United States
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`*EMAIL ADDRESS
`
`LEGAL ENTITY INFORMATION
`
`TYPE
`
`95014
`
`XXXX
`
`corporation
`
`STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF
`INCORPORATION
`
`California
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`INTERNATIONAL CLASS
`
`038 
`
`Transmission of streamed music, audio, video, podcasts, voice,
`data, images, radio, and multimedia content by means of
`telecommunications networks; subscription transmission
`services of streamed music, audio, video, and multimedia
`
`

`

`*IDENTIFICATION
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`content by means of telecommunications networks; providing
`access to websites, databases, electronic bulletin boards, online
`forums, directories, music, podcasts, and audio and video
`content programs on the internet by means of
`telecommunications networks; streaming audio material on the
`internet; radio broadcasting
`
`SECTION 1(b)
`
`SECTION 44(d)
`
`81435
`
`Jamaica
`
`09/14/2020
`
`At this time, the applicant has another basis for registration
`(Section 1(a) or Section 1(b)) and does NOT intend to rely on
`Section 44(e) as the basis for registration, but is only asserting
`a valid claim of priority. The application should not be
`suspended to await the submission of the foreign registration.
`
`INTERNATIONAL CLASS
`
`041 
`
`*IDENTIFICATION
`
`Education and entertainment services, namely, an ongoing
`series featuring health, wellness, lifestyle, exercise, physical
`training, fitness instruction, guided workouts, and personal
`development provided through webcasts, podcasts, and
`broadcasts; audio production services, namely, creating and
`producing audiovisual and audio content in the fields of health,
`wellness, lifestyle, exercise, physical training, fitness
`instruction, guided workouts, and personal development;
`production of audio recordings; provision of information
`relating to health, wellness, lifestyle, exercise, physical
`training, fitness instruction, guided workouts, and personal
`development; entertainment services, namely, providing video
`podcasts in the field of health and fitness; entertainment
`services, namely, providing podcasts in the field of health and
`fitness; personal fitness training services; conducting fitness
`classes; physical education services
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN FILING DATE
`
`SECTION 1(b)
`
`SECTION 44(d)
`
`81435
`
`Jamaica
`
`09/14/2020
`
`       INTENT TO
`       PERFECT 44(d)
`
`At this time, the applicant has another basis for registration
`(Section 1(a) or Section 1(b)) and does NOT intend to rely on
`Section 44(e) as the basis for registration, but is only asserting
`a valid claim of priority. The application should not be
`suspended to await the submission of the foreign registration.
`
`INTERNATIONAL CLASS
`
`042 
`
`Providing online non-downloadable software for use in
`connection with an online subscription service featuring audio,
`video, data, text, podcasts, webcasts, and multimedia content
`in the field of health, wellness, lifestyle, exercise, physical
`training, fitness instruction, guided workouts, and personal
`development; providing online non-downloadable software for
`
`

`

`*IDENTIFICATION
`
`use in generating customized recommendations of audio,
`video, data, text, podcasts, webcasts, and other multimedia
`content; providing search engines for obtaining data via the
`internet and other electronic communications networks;
`providing online non-downloadable software for use in
`playing, organizing, downloading, transmitting, manipulating,
`and reviewing audio files, video files, and media files; creating
`indexes of online information, sites and other resources
`available on global computer networks for others; information
`relating to computer hardware or software provided on-line
`from a global computer network or the internet; electronic data
`storage services; providing online non-downloadable software
`for use in the delivery, distribution and transmission of audio,
`video, data, text, podcasts, webcasts, and multimedia content
`in the field of health, wellness, lifestyle, exercise, physical
`training, fitness instruction, guided workouts, and personal
`development
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN FILING DATE
`
`SECTION 1(b)
`
`SECTION 44(d)
`
`81435
`
`Jamaica
`
`09/14/2020
`
`       INTENT TO
`       PERFECT 44(d)
`
`At this time, the applicant has another basis for registration
`(Section 1(a) or Section 1(b)) and does NOT intend to rely on
`Section 44(e) as the basis for registration, but is only asserting
`a valid claim of priority. The application should not be
`suspended to await the submission of the foreign registration.
`
`INTERNATIONAL CLASS
`
`045 
`
`*IDENTIFICATION
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`       FOREIGN APPLICATION
`       COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`       FOREIGN FILING DATE
`
`       INTENT TO
`       PERFECT 44(d)
`
`ADDITIONAL STATEMENTS SECTION
`
`DISCLAIMER
`
`ACTIVE PRIOR REGISTRATION(S)
`
`ATTORNEY INFORMATION
`
`NAME
`
`Online social networking services, namely, providing a social
`networking website
`
`SECTION 1(b)
`
`SECTION 44(d)
`
`81435
`
`Jamaica
`
`09/14/2020
`
`At this time, the applicant has another basis for registration
`(Section 1(a) or Section 1(b)) and does NOT intend to rely on
`Section 44(e) as the basis for registration, but is only asserting
`a valid claim of priority. The application should not be
`suspended to await the submission of the foreign registration.
`
`No claim is made to the exclusive right to use "Fitness+" apart
`from the mark as shown.
`
`The applicant claims ownership of active prior U.S.
`Registration Number(s) 2870477, 3298028, 2753069, and
`others.
`
`Thomas R. La Perle
`
`

`

`ATTORNEY BAR MEMBERSHIP NUMBER
`
`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH/ TERRITORY
`
`FIRM NAME
`
`INTERNAL ADDRESS
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`ZIP/POSTAL CODE
`
`EMAIL ADDRESS
`
`XXX
`
`XXXX
`
`XX
`
`Apple Inc.
`
`MS: 169-3IPL
`
`One Apple Park Way
`
`Cupertino
`
`California
`
`United States
`
`95014
`
`trademarkdocket@apple.com
`
`OTHER APPOINTED ATTORNEY
`
`All other attorneys in the Trademark Law Department
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`Thomas R. La Perle
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`trademarkdocket@apple.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`
`karenmarie@apple.com; amy.shelton@apple.com
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`SIGNATURE METHOD
`
`TEAS Standard
`
`4
`
`350
`
`1400
`
`1400
`
`/Karen Marie Kitterman/
`
`Karen Marie Kitterman
`
`Attorney of Record, California Bar member
`
`669-227-7171
`
`03/14/2021
`
`Signed directly within the form
`
`

`

`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
`
`To the Commissioner for Trademarks:
`
`Serial Number: 90578178
`Filing Date: 03/14/2021
`
`MARK: Fitness+ (stylized and/or with design, see mark)
`The literal element of the mark consists of Fitness+. The applicant is not claiming color as a feature of the mark. The mark consists of the design
`of an apple with a bite removed and the word "Fitness+".
`The applicant, Apple Inc., a corporation of California, having an address of
`      One Apple Park Way
`      Cupertino, California 95014
`      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 038:  Transmission of streamed music, audio, video, podcasts, voice, data, images, radio, and multimedia content by means of
`telecommunications networks; subscription transmission services of streamed music, audio, video, and multimedia content by means of
`telecommunications networks; providing access to websites, databases, electronic bulletin boards, online forums, directories, music, podcasts,
`and audio and video content programs on the internet by means of telecommunications networks; streaming audio material on the internet; radio
`broadcasting
`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.
`
`Priority based on foreign filing: 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 and asserts a claim of priority based on Jamaica application number 81435, filed 09/14/2020.
`INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend
`to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to
`await the submission of the foreign registration.
`
`International Class 041:  Education and entertainment services, namely, an ongoing series featuring health, wellness, lifestyle, exercise, physical
`training, fitness instruction, guided workouts, and personal development provided through webcasts, podcasts, and broadcasts; audio production
`services, namely, creating and producing audiovisual and audio content in the fields of health, wellness, lifestyle, exercise, physical training,
`fitness instruction, guided workouts, and personal development; production of audio recordings; provision of information relating to health,
`wellness, lifestyle, exercise, physical training, fitness instruction, guided workouts, and personal development; entertainment services, namely,
`providing video podcasts in the field of health and fitness; entertainment services, namely, providing podcasts in the field of health and fitness;
`personal fitness training services; conducting fitness classes; physical education 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.
`
`Priority based on foreign filing: 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 and asserts a claim of priority based on Jamaica application number 81435, filed 09/14/2020.
`INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend
`to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to
`await the submission of the foreign registration.
`
`International Class 042:  Providing online non-downloadable software for use in connection with an online subscription service featuring audio,
`video, data, text, podcasts, webcasts, and multimedia content in the field of health, wellness, lifestyle, exercise, physical training, fitness
`instruction, guided workouts, and personal development; providing online non-downloadable software for use in generating customized
`recommendations of audio, video, data, text, podcasts, webcasts, and other multimedia content; providing search engines for obtaining data via
`the internet and other electronic communications networks; providing online non-downloadable software for use in playing, organizing,
`
` 
`

`

`downloading, transmitting, manipulating, and reviewing audio files, video files, and media files; creating indexes of online information, sites and
`other resources available on global computer networks for others; information relating to computer hardware or software provided on-line from a
`global computer network or the internet; electronic data storage services; providing online non-downloadable software for use in the delivery,
`distribution and transmission of audio, video, data, text, podcasts, webcasts, and multimedia content in the field of health, wellness, lifestyle,
`exercise, physical training, fitness instruction, guided workouts, and personal development
`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.
`
`Priority based on foreign filing: 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 and asserts a claim of priority based on Jamaica application number 81435, filed 09/14/2020.
`INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend
`to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to
`await the submission of the foreign registration.
`
`International Class 045:  Online social networking services, namely, providing a social networking website
`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.
`
`Priority based on foreign filing: 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 and asserts a claim of priority based on Jamaica application number 81435, filed 09/14/2020.
`INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend
`to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to
`await the submission of the foreign registration.
`
`Disclaimer
`No claim is made to the exclusive right to use "Fitness+" apart from the mark as shown.
`
`Claim of Active Prior Registration(s)
`The applicant claims ownership of active prior U.S. Registration Number(s) 2870477, 3298028, 2753069, and others.
`
`The owner's/holder's proposed attorney information: Thomas R. La Perle. Other appointed attorneys are All other attorneys in the Trademark
`Law Department. Thomas R. La Perle of Apple Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and
`the attorney(s) is located at
`      MS: 169-3IPL
`      One Apple Park Way
`      Cupertino, California 95014
`      United States
`      trademarkdocket@apple.com
`
`Thomas R. La Perle 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:
`      Thomas R. La Perle
`       PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@apple.com
`       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): karenmarie@apple.com; amy.shelton@apple.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 $1400 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: /Karen Marie Kitterman/   Date: 03/14/2021
`Signatory's Name: Karen Marie Kitterman
`Signatory's Position: Attorney of Record, California Bar member
`Signatory's Phone Number: 669-227-7171
`Signature method: Signed directly within the form
`Payment Sale Number: 90578178
`Payment Accounting Date: 03/15/2021
`
`Serial Number: 90578178
`Internet Transmission Date: Sun Mar 14 23:01:33 ET 2021
`TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021031423013316
`4329-90578178-77087a92da8fc24123df89d8c8
`aeef43d999521e5de5d71b7695a23e9219bd5c4a
`2-DA-01323642-20210314224021167351
`
` 
`

`

`@Fitness+
`
`
`
`