FITBIT - Trademark Details
Status: 700 - Registered
Image for trademark with serial number 88655636
Serial Number
88655636
Registration Number
6422799
Word Mark
FITBIT
Status
700 - Registered
Status Date
2021-07-20
Filing Date
2019-10-15
Registration Number
6422799
Registration Date
2021-07-20
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s) Typeset
Design Searches
260121, 260131, 260728 - Circles that are totally or partially shaded. Five or more circles. Miscellaneous designs with overall diamond shape, including letters forming or comprising a diamond.
Published for Opposition Date
2021-05-04
Attorney Name
Law Office Assigned Location Code
M50
Employee Name
CIURPITA, DREW PETER F
Statements
Indication of Colors claimed
Color is not claimed as a feature of the mark.
Description of Mark
The mark consists of a series of irregular sized dots forming a diamond pattern with the word "FITBIT" appearing to the right of the diamond pattern.
Goods and Services
Personal electronic devices used to track fitness goals and statistics; wearable activity trackers; smartwatches; portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files; wearable electronic devices, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through Internet websites and other computer and electronic communication networks; wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files and display screens; cables, namely, electric charging cables; computer peripheral devices; scales; personal weighing scales; computers; sensors for scientific use to be worn by a human to gather human biometric data; downloadable software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files; downloadable computer application software for smartphones and mobile devices in the fields of fitness and exercise featuring personal training services, coaching, workouts and fitness assessments; downloadable mobile application software for creating personalized fitness training programs; downloadable computer application software for smartphones and mobile devices to provide support to corporate wellness programs, namely, to provide tools for corporate client employees that enable them to make health, fitness, wellness and nutritional changes in their daily living to improve health in the nature of wellness; downloadable computer software development tools; pre-recorded video recordings featuring athletic and fitness sessions; computer hardware; electronic devices, namely, portable digital electronic devices for transmitting audio files; headphones; earbuds; earphones; wireless audio devices in the nature of wireless earbuds, earphones and headphones for use with smartwatches and wearable activity trackers; microphones; remote control for controlling mobile devices; sound reproducing apparatus; audio speakers; accessories for mobile, portable and handheld devices, namely, earbuds, earphones and headphones; earphone accessories, namely, earphone cushions, earphone pads, and earphone cases; downloadable software in the nature of a mobile application and desktop applications for facilitating communication between medical facilities, clinicians, caregivers, health coaches, and patients; downloadable software in the nature of a mobile application and desktop applications for facilitating collaborative medical treatment between medical facilities, clinicians, caregivers, health coaches and patients; downloadable software in the nature of a mobile application and desktop applications for communication of medical data between medical facilities, clinicians, caregivers, health coaches and patients; downloadable software in the nature of a mobile application and desktop applications for tracking and maintenance of health and treatment plans; downloadable software in the nature of a mobile application and desktop applications for recording medical data; downloadable computer software for providing health, wellness, healthcare, and medical information; downloadable computer software for providing access to healthcare and health coaching services; downloadable computer software platform for application development for use in the fields of health, wellness, and nutrition; downloadable computer software for retrieving, analyzing, and generating reports on a user's health and wellness from data generated by wearable digital electronic devices; downloadable computer software for use in managing user participation in health challenges in the nature of competitions focused on health and wellness; downloadable computer software in the field of health and wellness for transmission of messages among users; downloadable computer software for enabling social networking among users in the field of health and wellness; downloadable software allowing users to engage in health and wellness challenges with others, to participate in social networking and online discussions with others on medical, healthcare, and wellness issues, to perform health assessments, and to track health and wellness activities, goals, outcomes, and rewards; downloadable software enabling users to receive personalized recommendations in the medical, healthcare, and wellness fields; downloadable software for use by patients, their families, and health care professionals enabling users to provide and receive patient care, patient coaching, and healthcare information; downloadable software that provides information to users regarding health, wellness, and nutrition; downloadable software that allows users to assess their habits in the areas of health, nutrition, and wellness; downloadable software for consumer engagement and behavior change modeling to enable users to improve their health and wellness; downloadable computer software for tracking, collecting and analyzing health data for use in conducting health risk assessments, recommending preventative health measures, condition management, and tracking behavior modification; downloadable software for providing patient engagement, namely, prescription medication adherence and patient health management, through outbound messaging technology
Goods and Services
Medical devices for measuring body weight and estimating body fat percentage; general wellness instruments and apparatus, namely, health monitoring devices for storing, relaying, tracking, measuring and displaying biometric data, body movement, sleep, heart rate, and calories burned consisting of heart rate monitoring apparatus; general wellness instruments and apparatus, namely, health monitoring devices for estimating maximal oxygen consumption consisting of respiratory sensors to be worn on a person for the purpose of estimating maximal oxygen consumption
Goods and Services
Horological and chronometric instruments; watches; timepieces; watch straps; watch bands; jewelry; bracelets; pendants
Goods and Services
Conducting fitness classes; physical fitness conditioning classes; fitness boot camps; yoga instruction, namely, yoga classes; boxing and kickboxing fitness classes; providing classes in the fields of fitness and exercise; providing a website featuring non-downloadable pre-recorded videos featuring athletic and fitness sessions; educational services, namely, conducting seminars, conferences, and workshops in the fields of health and wellness; online journals, namely, blogs featuring commentary, advice and information in the fields of health, wellness, sleep, fitness and nutrition; health coaching services, namely, providing personal coaching services in the fields of diet, nutrition, wellness, fitness, mental health, and chronic medical condition management; health care personal coaching services offering calls or chats, notifications, the ability to track activities, incentive management solutions and wellness challenges; health coaching, namely, physical fitness consultation; providing personal coaching in the field of wellness and health; health coaching services in the nature of personal coaching in the field of wellness promotion, disease and condition management
Goods and Services
Online non-downloadable computer software for tracking fitness, health and wellness goals and statistics; online non-downloadable computer software for displaying, aggregating, analyzing and organizing data and information in the fields of health, wellness, fitness, physical activity, weight management, sleep, and nutrition; online non-downloadable software for creating personalized fitness training programs; online non-downloadable software for providing personal training services, workouts and fitness assessments; application service provider, featuring application programming interface (API) software for allowing data retrieval, upload, access, management, tracking, and analyzing of user data; software as a service (SaaS) services featuring software that enables users to manage employee accounts, schedule and track employee participation, and facilitate and manage corporate fitness and wellness programs; software as a service (SaaS) services featuring software for use in designing, creating and analyzing data, metrics and reports in the areas of health, fitness, sleep, nutrition and wellness; designing, creating and maintaining electronic commerce websites for others; providing online non-downloadable software in the field of health and wellness for enabling social networking among users; providing online non-downloadable software that helps users maintain and expand health habits; providing online non-downloadable software that allows users to assess their habits in the areas of health, nutrition, and wellness; providing online non-downloadable software for managing user participation in health challenges in the nature of competitions focused on health and wellness; providing online non-downloadable software that allows users to catalog health habits in the areas of nutrition, fitness, health and wellness; providing online non-downloadable software that allows users to interact with other users to form a support network in the areas of nutrition, fitness, health and wellness; providing online non-downloadable software for consumer engagement and behavior change modeling to enable users to improve their health and wellness; providing a web site featuring technology that enables companies and organizations to administer and manage employee incentive award programs to promote employee health; technical support and consultation services for developing computer systems, databases and applications; software as a service (SaaS) services featuring software for facilitating communication between medical facilities, clinicians, health coaches and patients; software as a service (SaaS) services featuring software for facilitating collaborative healthcare treatment between medical facilities, clinicians, caregivers, health coaches and patients; software as a service (SaaS) services featuring software for communication of health data between medical facilities, clinicians, caregivers, health coaches and patients; software as a service (SaaS) services featuring software for tracking and maintaining health and treatment plans; software as a service (SaaS) services featuring software for recording health data; software as a service (SaaS) services featuring software communicating health data between medical facilities, clinicians, caregivers, health coaches and patients; software as a service (SaaS) featuring computer software platforms for providing intelligent analytics in the healthcare field; providing temporary use of non-downloadable software for chronic disease management, diabetes management and health management; software as a service (SaaS) services featuring software for users to aggregate, access and exchange healthcare information, manage diseases and conditions, and manage healthcare costs; providing technology consulting in the field of data analytics related to medical claim costs and healthcare spending; design and development of computer hardware and software; scientific research and development
Goods and Services
Healthcare services; healthcare services, namely, services to enable effective management of one or more chronic conditions; healthcare services, namely, wellness and prevention programs, healthcare management programs, disease management programs and medical condition management programs; providing healthcare management services, namely, healthcare services in the field of chronic care management; providing health coaching services in the nature of health counseling; providing wellness services, namely, personal assessments, personalized routines, maintenance schedules, and counseling; providing information in the fields of health, wellness, and nutrition; providing advice in the fields of health, wellness, and nutrition; individual health assessment services; providing healthcare and wellness services, namely, personal assessments, personalized routines, maintenance schedules, fitness evaluations, and counseling; providing personal lifestyle wellness evaluation and consultation; health counseling; counseling services in the fields of health, nutrition, and wellness, namely, personalized health coaching in the nature of health consultation and behavior change support; providing educational information about healthcare for wellness program coordinators; corporate wellness services, namely, providing assistance and consultation to corporate clients to help their employees make health, fitness, wellness and nutritional changes in their daily living to improve health in the nature of wellness and health-related consulting services; consulting services in the field of health
Pseudo Mark
FIT BIT
Classification Information
International Class
009 - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
US Class Codes
021, 023, 026, 036, 038
Class Status Code
6 - Active
Class Status Date
2019-10-19
Primary Code
009
First Use Anywhere Date
2016-01-00
First Use In Commerce Date
2016-01-00
International Class
010 - Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials. - Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
US Class Codes
026, 039, 044
Class Status Code
6 - Active
Class Status Date
2019-10-19
Primary Code
010
First Use Anywhere Date
2016-01-00
First Use In Commerce Date
2016-01-00
International Class
041 - Education; providing of training; entertainment; sporting and cultural activities. - Education; providing of training; entertainment; sporting and cultural activities.
US Class Codes
100, 101, 107
Class Status Code
6 - Active
Class Status Date
2019-10-19
Primary Code
041
First Use Anywhere Date
2016-01-00
First Use In Commerce Date
2016-01-00
International Class
042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services. - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.
US Class Codes
100, 101
Class Status Code
6 - Active
Class Status Date
2019-10-19
Primary Code
042
First Use Anywhere Date
2016-01-00
First Use In Commerce Date
2016-01-00
International Class
044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
US Class Codes
100, 101
Class Status Code
6 - Active
Class Status Date
2019-10-19
Primary Code
044
First Use Anywhere Date
2016-01-00
First Use In Commerce Date
2016-01-00
Current Trademark Owners
Party Name
Party Type
31 - 1st New Owner Entered After Registration
Address
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Trademark Owner History
Party Name
Party Type
31 - 1st New Owner Entered After Registration
Address
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Party Name
Party Type
30 - Original Registrant
Address
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Party Name
Party Type
20 - Owner at Publication
Address
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Party Name
Party Type
10 - Original Applicant
Address
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Correspondences
Name
Karen A. Webb
Address
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Prior Registrations
Relationship TypeReel Number
Prior Registration1395248
Prior Registration4343563
Prior Registration4851801
Trademark Events
Event DateEvent Description
2019-10-18NEW APPLICATION ENTERED IN TRAM
2019-10-19NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
2019-10-22NOTICE OF DESIGN SEARCH CODE E-MAILED
2020-01-21ASSIGNED TO EXAMINER
2020-01-29NON-FINAL ACTION WRITTEN
2020-01-29NON-FINAL ACTION E-MAILED
2020-01-29NOTIFICATION OF NON-FINAL ACTION E-MAILED
2020-07-29TEAS RESPONSE TO OFFICE ACTION RECEIVED
2020-07-29CORRESPONDENCE RECEIVED IN LAW OFFICE
2020-07-30TEAS/EMAIL CORRESPONDENCE ENTERED
2020-08-20FINAL REFUSAL WRITTEN
2020-08-20FINAL REFUSAL E-MAILED
2020-08-20NOTIFICATION OF FINAL REFUSAL EMAILED
2021-02-22TEAS REQUEST FOR RECONSIDERATION RECEIVED
2021-02-22CORRESPONDENCE RECEIVED IN LAW OFFICE
2021-02-23TEAS/EMAIL CORRESPONDENCE ENTERED
2021-03-19EXAMINERS AMENDMENT -WRITTEN
2021-03-19EXAMINERS AMENDMENT E-MAILED
2021-03-19NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
2021-03-19EXAMINER'S AMENDMENT ENTERED
2021-04-01APPROVED FOR PUB - PRINCIPAL REGISTER
2021-04-14NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
2021-05-04PUBLISHED FOR OPPOSITION
2021-05-04OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
2021-07-20REGISTERED-PRINCIPAL REGISTER
2021-10-06ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
2021-10-13AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP