Clothing, namely, shirts, sweaters, sweatshirts, tops, pants, shorts, swim suits, shoes, socks, pajamas, undergarments, infantwear, hats, gloves, and scarves all incorporating functions for monitoring and reporting fitness and activity data, such as heart rate, pulse, temperature, perspiration, time, distance, pace, calories burned, and sleep patterns, as well as cumulative activity information

Class [010]
Medical Instrument Products

Sensors, monitoring components and devices, namely, sensors for monitoring of biometric and physiological data for health purposes; pulse meters; heart monitors; sleep monitors for measuring vital signs during sleep for health purposes; blood pressure monitors; fitness measuring instruments and devices, namely, body fat calipers

Class [009]
Computer & Software Products & Electrical & Scientific Products

Optical and electronic displays and systems, namely, head-mounted video displays; goggles comprising head mounted video displays (HMD), heads-up video displays (HUD), or instruments for measuring inertia in the nature of an inertial measurement unit (IMU); sunglasses with heads-up display; head mounted video displays (HMD), namely, head or helmet mounted optical displays; head mounted video display (HMD) systems comprising head mounted video displays and built-in or external computer hardware and software for generating data to be displayed on the head mounted video display, handheld device, or computer system desktop or laptop; instruments for measuring inertia in the nature of an inertial measurement units (IMU) comprising accelerometers and gyroscopes for measuring and reporting altitude, position, movement, velocity, angle, orientation and gravitational forces; software applications, namely, software for desktop computers, and handheld electronic devices, smartphone, and mobile phones, for displaying and overlaying on maps data downloaded from optical and electronic displays, head mounted video displays (HMD), head mounted video display (HMD) systems, heads-up displays (HUD) and heads-up display (HUD) systems, or instruments for measuring inertia in the nature of an inertial measurement unit (IMU) and for processing, filtering, sharing or manipulating such data and displays and display systems; computer software platforms for developing software applications, namely, software for desktop computers, and handheld electronic devices, smartphone, mobile phone and web applications for displaying and overlaying on maps data downloaded from optical and electronic displays, head mounted video displays (HMD), head mounted video display (HMD) systems, heads-up displays (HUD) and heads-up display (HUD) systems, or instruments for measuring inertia in the nature of an inertial measurement unit (IMU) and for processing, filtering, sharing or manipulating such data and displays and display systems; computer software development tools; operating system software for controlling heads up optical displays and head mounted optical displays; operating software for controlling, processing data and communicating information, and interacting with heads up optical displays and head mounted optical displays; computer application software for providing data information on heads-up displays (HUD), heads-up display (HUD) systems, head-mounted displays (HMD), head-mounted display (HMD) systems, mobile phones, portable media players, handheld computers, networking platforms and handheld computing devices; software and computing computer hardware and computer networking hardware that enables users to view, upload, transmit, process, analyze, compile, organize, share, communicate, track and manage data, information, records, photos and videos; software that allow users to manage heads-up displays by doing software updates, app installation, user settings, and providing telephony features and web connectivity; global positioning system and software for tracking position and calculating location therefor; communication software for providing access to the Internet; computer software applications for providing access to the internet; computer hardware; electric measuring devices, namely, fluorometers; electronic monitoring apparatus for fitness use, namely, wearable computers and wearable computer peripherals for monitoring fitness comprised of digital electronic bio-sensors, electronic monitors, handheld computing devices, computer hardware and computers; apparatus for recording, transmission, or reproduction of sound or images; devices, platforms and software used with or for cloud computing and the internet, namely, downloadable cloud-based software for storing and managing electronic data; wireless communication devices for voice, data or image transmission; data processing devices for personal wear; wireless computing devices in the nature of computers and software and software applications that transfer data to computers, personal digital assistants, smart phones, other software applications and user interfaces through internet websites and other computer and electronic communication networks for wearable technology devices; sensors, monitoring components and devices, namely, electronic sensors for fitness use for gathering biometric and physiological data; fitness measuring instruments and devices, namely, wearable computers and wearable computer peripherals for gathering fitness data and measurements; electronic monitors, electronic sensors, and wearable computing hardware and software for wearable computing devices in the nature of smart watches for fitness use to be worn by a human to measure, monitor, record, and transmit physiological and biometric data such as heart rate, pulse, body temperature, perspiration, blood pressure, sleep patterns, time, distance, pace, calories burned, and other fitness measurements; computer and smartphone interfaces; wearable computers; wearable computer peripherals; wearable electronics, namely, activity trackers; smart watches that incorporate functions for monitoring and reporting fitness and activity data, such as heart rate, pulse, temperature, perspiration, time, distance, pace, calories burned, and sleep patterns, as well as cumulative activity information; smart watches that collect, store, transfer and communicate data to computers, personal digital assistants, smart phones, and software applications and interfaces through internet websites and computer and electronic communication networks

Class [042]
Computer & Software Services & Scientific Services

Providing temporary use of web based software for generating data to be displayed on heads-up displays (HUD), heads-up display (HUD) systems, head-mounted displays (HMD), head-mounted display (HMD) systems, mobile phones, portable media players, handheld computers, computer networking equipment and handheld computing devices, and to allow users to manage heads-up displays by doing software updates, app installation, user settings, and providing telephony features and web connectivity; providing software as a service (SAAS) featuring software for accessing data from wearable computers; providing temporary use of non-downloadable computer software for controlling a global positioning system, tracking position, and calculating location over the internet; providing temporary use of on-line, non-downloadable communication software for accessing data from wearable computers; providing temporary use of on-line, non-downloadable computer software applications for accessing data from wearable computers; providing temporary use of on-line, non-downloadable operating software that allow users to control, process data and communicate information, and interact with heads up optical displays and head mounted optical displays; providing platform as a service (PAAS) featuring computer software platforms for developing software applications, namely, software for creating applications on desktop computers, handheld electronic devices, smartphone, mobile phone and web applications that allow users to display and overlay data downloaded from optical and electronic displays, head mounted displays (HMD), head mounted display (HMD) systems, heads-up displays (HUD) and heads-up display (HUD) systems, or inertial measurement unit (IMU) and to process, filter, share or manipulate such data and displays and display systems; providing platform as a service (PAAS) featuring computer software platforms for processing data and communicating information taken from optical and electronic displays, head mounted displays (HMD), head mounted display (HMD) systems, heads-up displays (HUD) and heads-up display (HUD) systems; providing platform as a service (PAAS) featuring computer software platforms that allow users to view, upload, transmit, process, analyze, compile, organize, share, communicate, track and manage data, images, video and information; providing software as a service (SAAS) featuring software that enables users to chat, socialize, view, upload, transmit, process, analyze, compile, organize, share, communicate, track and manage data, images, video and information; providing computer services, namely, providing an interactive web site featuring technology that allows users to view, upload, transmit, process, share, chat, consolidate and manage social networks, accounts, pictures, images, video and data and connect to existing and emerging application programming interfaces (API); providing a web site featuring technology that enables users to chat, socialize, view, upload, input, transmit, process, analyze, compile, organize, share, communicate, track, analyze and manage data, images, video and information, and post advice, opinions and recommendations

Class [014]
Jewelry Products

Jewelry, bracelets, rings, precious metals, precious stones, and gemstones in that nature of jewelry that incorporate functions for monitoring and reporting fitness and activity data, such as heart rate, pulse, temperature, perspiration, time, distance, pace, calories burned, and sleep patterns, as well as cumulative activity information; bracelets in the nature of jewelry that collect, store, transfer and communicate data to computers, personal digital assistants, smart phones, and software applications and interfaces through internet websites and computer and electronic communication networks

Mark Details

Serial Number

No 87052292

Mark Type

No Service Mark

Attorney Docket Number

No 15-201474-US

44D Filed

44D Current

44E filed

44E Current

66A Filed

66A Current

Current Basis

No Basis

Design Code(s)

01.11.02 -

Partial moons, including half moons and crescent moons

17.01.01 -

Watches, including bracelet watches and pocket watches

17.01.02 -

Clocks, including clock or watch faces alone

26.05.21 -

Triangles that are completely or partially shaded

Legal History

Status Date	Action Taken
12^th Mar 2018	ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED
12^th Mar 2018	ABANDONMENT - NO USE STATEMENT FILED
08^th Aug 2017	NOA E-MAILED - SOU REQUIRED FROM APPLICANT
13^th Jun 2017	OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
13^th Jun 2017	PUBLISHED FOR OPPOSITION
24^th May 2017	NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
03^rd May 2017	APPROVED FOR PUB - PRINCIPAL REGISTER
15^th Apr 2017	TEAS/EMAIL CORRESPONDENCE ENTERED
14^th Apr 2017	CORRESPONDENCE RECEIVED IN LAW OFFICE
14^th Apr 2017	TEAS REQUEST FOR RECONSIDERATION RECEIVED

Logo Mark Trademark Information

Classification Information

Class [025]Clothing Products

Class [010]Medical Instrument Products

Class [009]Computer & Software Products & Electrical & Scientific Products

Class [042]Computer & Software Services & Scientific Services

Class [014]Jewelry Products