Twitter as X: Trademarkx

 

Shouldn't this say: "Sign in to X"?

by Susan Basko

The other day, Elon Musk announced that Twitter was now being called "X."  A crude "X" design appeared on the site.  

I have long-time twitter accounts. I was on twitter back when it was "twittr" and was like slack, a way to stay in touch with your small team on a project. 

I am a lawyer who works trademarks, among other things, so the first thing I did was a Trademark database search on "X." My first impression after a quick search is that "X" is going to conflict with existing trademarks in many classes. 

Twitter has dozens of carefully curated trademarks, accumulated over time. It seems wasteful to throw all that in the trash, for no particular reason. 

Mr. Musk could decide to use X without registering it, so that the likely denial of the registration by the Trademark examiner does not cause a stir.  However, it takes 8 months now for a trademark application to be assigned to an examiner, and by eight month from now, the story over at Twitter/ X could be totally different.  He could also try to buy off those already using X in same or similar classes to pave the way for his own registration. 

In any case, "X" is a really weak trademark since it is so generic and there are so many X trademarks already. I don't think EM listens to his lawyers, but if he did, they would tell him these same things. 

Creator Economy, Entrepreneurs, and Trademark

 The United States Creator Economy is in full bloom.  People have found they can make money by sharing their creativity and dreams with others.  Taking creativity and making it entrepreneurial involves several key steps.  One of those steps is securing the intellectual property involved in the creativity.  Intellectual property is in four basic categories:

1) Patents.  Patents are for inventions.  Patents are secured by hiring a U.S. patent attorney or patent agent.  You can find a list of currently registered Patent Practitioners HERE.  Once acquired, a patent lasts 20 years.  It is expensive and time-consuming to get a patent, but can be worth it for genuine inventions that have the potential to sell well.

2) Copyright.  Copyright is for creative works, such as creative writings, music, art, design, photography, and other such creative works.  Copyrights generally last for the lifetime of the creator plus 70 years.  This means that the family or estate of the creator can benefit from the copyright long after the creator has died.  

3) Trade Secrets.  Trade Secrets are not registered with the government.  Trade secrets are things such as means and methods of doing things in your business, your client lists, secret recipes, etc.  For something to be considered a trade secret, you must keep it secret.  That means you keep it under lock and key, do  not put it on the internet, do not generally distribute it to employees, and share it with trusted people only on a need-to-know basis. 

4) Trademark.  Trademarks are words, images, and sometimes colors or sounds that show the source of a goods or service.  Trademarks play a big role in the Creator Economy.  The most important trademark is a beginning company is often the name of the company or the name of the major goods or service being sold.  It is very important to have a trademark lawyer do a search on a propose name BEFORE you settle on the name.  That's so your name will not conflict with any existing or pending trademarks.  Once the proposed name is cleared by the trademark lawyer, it is important to move quickly to apply to register the name.  Your application will be locked in when you file it, even though the trademark registration process takes a full year.  

What names work for a trademark? Trademark is really tricky.  A trademark cannot be "merely descriptive."  That means, the trademark cannot simply describe the goods or services.  For example, "Charbroiled Hamburgers" cannot be a trademark for burgers cooked on the grill.  "Lodge Recording Studio" cannot be a trademark for a recording studio located in a lodge.  "Dainty Cupcakes" cannot be a trademark for tiny cupcakes. 

A trademark can also not be geographic.  "State Street Deli" cannot be a trademark for a deli on State Street. An exception to this is if the trademark has acquired distinctiveness, usually over five years or more.  For example, Abbey Road Studios is a famous music studio on Abbey Road in London.  The U.S. Trademark Office refused to register this trademark as geographic, but allowed it as having acquired distinctiveness based on the fame of the studio and the music created there.  If a trademark is refused as geographic or on some other factors, it might possibly be able to go onto the Supplemental Register. 

There are many requirements that must be met for a trademark.  For example, a trademark must be used to show the source of goods or services sold in commerce.  The services must be performed for the benefit of someone else.  For example, editing or marketing your own books is not for others, while editing or marketing the books of others can have a trademark.

Trademark must be on a goods or service that are legal under federal law.  This requirement comes into play most often today regarding the sale of marijuana or related goods and services.  Although marijuana sales are legal in many states, they are still illegal under federal law.  Therefore, the US Trademark Office does not register trademarks for marijuana as a goods -- or for goods and services that are related to the use of marijuana.  

CBD oil is treated slightly differently by the Trademark Office.  The Farm Act made legal the sale of CBD products, but the FDA still prohibits the use of CBD in food or beverages or as a medicinal taken internally.  Therefore, the US Trademark Office does not register trademarks on those goods, but will register trademarks on CBD soaps, skin oils, and other items that are not consumed.  

Trademarks can be images.  If a trademark has a name and an image, it can often be best to register it both ways -- as a standard word mark and also as an image.  

Trademarks are valuable to a creative business.  Trademarks help create the identity of a business.  Trademarks add to the intrinsic value of a business.  Trademarks are often used as loan collateral, especially for tech businesses.  

Trademark is not a do-it-yourself activity!  You must work with a U.S. trademark lawyer.  

The trademark registration process is complex and takes at least a year.  The basic segments of the process are: 

• the search to make sure the trademark is not in conflict with existing or pending marks and to make sure it meets the legal requirements;
• gathering the information and filing the application, which includes a Specimen, which shows the trademark in use in commerce;
• waiting for the application to be assigned to the Examiner - which takes about 6 months;
• the trademark Examiner may issue Office Actions that must be responded to;
• if the trademark is allowed, it moves on to Publication in the gazette, where is is posted for 30 days to allow others to object;
• if there are no objections, the trademark can be registered and a certificate will be issued.  

The BEST trademarks are unique, original, and imaginative.  Some famous trademarks are part of the American culture -- Coca-Cola, Kleenex, Cheetos, Holiday Inn, Minute Maid, Twitter, Facebook, etc.

When you are choosing a trademark, take your time.  Consult with your trademark lawyer.  A trademark is a fine investment that can pay off for many years to come.  Unlike patent and copyright, trademark has no time limit.  If you keep renewing your trademark, it can last for as long as you keep using it.  A trademark becomes more and more valuable over time as its worth grows with your creative business.  

Trademarks and your Side Hustle - 10 Quick Ideas

 

Trademarks and Your Side Hustle

10 Quick Ideas

by Susan Basko, esq.

You may be planning a small business for your retirement or as a side hustle now.  Trademarks are a backbone of a solid small business.  Here are some basics to know:

1. A trademark is a word (or set of words) or an image or a word and image combination that lets the potential buyers know the source of goods or services.  A trademark is often the name of a company or the name of a product (goods) or service that is sold by a company.  

2. A trademark can be real personal. It can even be your own name or your pen name, DJ name, music name, or the name under which you make jewelry, bake cakes, babysit, or mow lawns.  

3. Marijuana-related services and goods cannot get U.S. registered trademark.  That's because, while the sale of marijuana is legal in many states, it is still illegal federally.  If you apply for a trademark for a marijuana-related service or goods, the US Trademark Office will make "inquiries" of you.  It does not matter what you reply, because the Trademark Office in the end will deny your registration.  Period.  Selling terra cotta pots?  You can get a trademark?  Selling pot? No trademark.  Don't waste your time or money.

4. Work with a lawyer on choosing your business name and the names of your goods or services BEFORE you settle on a name.  That's because you want a name that can be registered as a trademark.  Do not sink your time and money into a name that you will have to change.

5. Merely descriptive. Trademark registrations are refused for being "merely descriptive."  "French Bakery" will be rejected by the Trademark Office if it is for a bakery selling French pastries.  However, if "French Bakery" is the name of a perfume, it might be accepted.

6. Geographic names will be rejected if they describe the location of the business.  "Mildred Street Saloon" will be rejected if it is a saloon on Mildred Street. However, it might possibly be able to go on the Supplemental Register.

7. Geographic names that show the source of origin are tricky.  There are rules for source of origin of things such as cheeses, beers, and wines and spirits.  You should absolutely work with a lawyer from the get-go on any of these.  The rules are complex.  For example, a mark that names the geographic origin of wines or spirits will be rejected as being geographic.  On the other hand, a trademark that incorrectly names or implies that wines or spirits are from a geographic region will also be rejected.  If a geographic terms is considered generic for those goods or services, it might be allowed, but disclaimed.  For possible example, the word "Burgundy" is a geographic location, but is also a generic term for a type of red wine, so a trademark such as "Parasol Burgundy," might be allowed, with the word "Burgundy" disclaimed in the application.  Wines and spirits from a geographic location might be better suited to getting a certificate of origin, which is a process different than a trademark.  This is all very tricky and not a do-it-yourself activity.

8. Your trademark cannot conflict with already-existing or already-pending trademarks for the same Class of goods or services.  They don't have to be the exact same goods or services -- just in the same Class.  For example, leather goods are a Class. If someone has already registered a trademark for Pashmina Wallets, you are not likely to be allowed to register a trademark for Pashimina Belts.  

As another example, a trademark for a company that sells drones will be registered as goods.  A trademark for a company that performs searches or photography or inspections via drones is a service.  As it happens, these two are in different Classes.  However, it is not likely a conflicting word mark would be allowed, even though these are different classes, because they both involve drones.  So it is not likely a trademark examiner will allow Skyway as a drone seller if there already exists Skyway as a drone photography service. 

9. A trademark will often be considered to conflict with an existing trademark if they have one of the same words in the mark, even if the whole trademark is not the same.  The two marks may conflict if they are spelled similarly, but not exactly the same.  Alternative spellings may conflict.  Let's say a trademark is Campus Capers.  An alternate spelling of Kampus Kapers for a same or similar class of goods or services will be considered a conflict and the trademark will not likely be allowed. 

10.  TRADEMARK IS NOT A DO-IT-YOURSELF ACTIVITY.  I register trademarks.  To succeed in registering a trademark, I take a lot of time with the initial search and the choice of trademark.  I counsel the clients on whether the registration is likely to succeed.  If it is not likely to succeed, then the person should choose a different trademark, unless they want to take their chance and be willing to risk their money on a possible rejection.  I spend a lot of time on choosing the proper specimen (sample of the trademark in use) to accompany the application.  The overwhelming vast majority of trademark applications fail.  It takes about a year for a trademark application to go DEAD.  If you want to succeed and end out with a registered trademark, do not try to do-it-yourself.  

Justice and Justin Bieber

 

Justice and Justin Bieber

by Susan Basko, esq.

Justin Bieber has been sent a Cease and Desist by the French electronic music duo called Justice.  Justice registered the trademark on the left, in the French trademark system, but not in the U.S.  The Justice duo claims that the cover of Justin Bieber's latest album, called Justice, seen on the right, infringes upon their copyright.  

Let's look at why this claim is not likely to succeed.  There are many reasons.  First, Justice did not register their trademark in the U.S.  Second, Justin Bieber has not (yet) filed a trademark on "Justice."

Third, "justice" is a generic term, and this electronic duo has no hold or control over the name.  If their name were unique, such as "Megadeth" they might have some legit claim over the word.  As of now, there are 1014 live trademarks in the US trademark system that contain the word, "justice."

Fourth, Justice claims that Bieber's design on the word, "justice" is too similar to theirs, because they claim the "t" is elongated to create a Christian cross.  Look at the two designs.  Justice uses a graffiti writing style, with little arrows coming off the ends of the letters.  Bieber uses a totally different typeface, a very sleek, chunky, modern sans serif lettering. 

The overall line of the lettering on the Justice trademark swoops down and then up again.  Bieber's lettering has a straight bottom line.  In fact, Bieber's letter "t" is not elongated and has the same bottom line as the rest of his letters.

If we were discussing copyright, which is different from trademark, we would note that font styles do not have copyright.  Also, titles of albums do not have copyright.  Also, one cannot copyright a single word.  Also, a common symbol such as a cross does not have copyright. 

Then there is the idea of consumer confusion.  I doubt any fans of Justin Bieber's music have ever heard of the electronic duo, Justice.  Justice's fans have likely heard of Justin Bieber, but they are not likely to confuse these two highly divergent music artists.

I did a search of the US Trademark database to find trademarks that incorporate the word "justice" and also a design of a cross.  I found a short list, and most of them are dead.  

Then, I looked at each of these. I found three that had any possible similarity to the Justice trademark or to Justin Bieber's album cover.  This is the first -- the Medical Justice League, with a crest including a cross.  There is no similarity to either Justice's trademark or Justin Bieber's album cover design.

Next, there is an abandoned trademark using the word "justice" and a cross. Again, not similar.

Third, there is a live trademark for insurance claims that is uses a cross and the word, "justice."  It is the most similar to the French Justice music trademark and to Bieber's album cover design.  Even still, it is not similar to either.  The point here is that anyone can use the word "justice" in a trademark, along with a Latin Cross, and this does not mean it infringes.

I've read that Justin Bieber has a "Justice" clothing line planned.  He should probably get busy and file a trademark on that, before someone beats him to it.

There's another issue some people are complaining about.  Justin Bieber used some wording from Dr. Martin Luther King, Jr., as lyrics in some of his songs.  He did so with the blessing of the King family.  There is a triple blessing to Bieber using MLK's words as lyrics.  The family/ estate holds the copyright on many of Dr. King's famous writings and speeches.  They use the copyright to protect the integrity of the writings, as well as to make money for the family and estate.  This is most helpful since Dr. King died very young and was therefore not around to support his family.  His words lived on, and protected by copyright, have helped support the family.  

Some people have complained that Justin Bieber named Dr. Martin Luther King, Jr as "co-writer" on at least one song.  This is legally a correct thing to do.  The lyrics are written by MLK and therefore, he is a co-songwriter.  This also means that MLK's family or estate is entitled to publishing royalties on the song.  That could add up to quite a bit of money for the family.  

Justin Bieber is not usurping or misusing the MLK name, he is introducing MLK's words and ideas to a new generation.  He is helping spread MLK's ideas about justice.  By doing so, Justin Bieber is helping the MLK family and estate to make money.  By doing so, Justin Bieber is promoting justice in ways that are available to him as a very famous music artist.  

Alexandria Ocasio-Cortez and the Brat Pack

 

Alexandria Ocasio-Cortez and the Brat Pack

by Susan Basko, esq.

You've probably seen the marvelous video above, which features now U.S. Representative Alexandria Ocasio-Cortez back when she was a student at Boston University.  In the video credits, she is listed as "Sandy Ocasio-Cortez."  What are the origins of this great little video?

Back in 2009, the French group named Phoenix released a catchy pop tune called Lisztomania.  The term, Lisztomania, refers to the freaky fandom that was rained down upon the composer Franz LIszt in Berlin in the 1840s.  Liszt was like the Justin Timberlake or Shawn Mendes of his day. 

Someone using the name AvoidantConsumer created a perfect dance video using the Lisztomania song from Phoenix with footage from the 1985 John Hughes movie, The Breakfast Club.  "It stars Emilio Estevez, Anthony Michael Hall, Judd Nelson, Molly Ringwald and Ally Sheedy as teenagers from different high school cliques who spend a Saturday in detention with their authoritarian assistant principal (Paul Gleason)."

The actors that starred in The Breakfast Club and other teen movies of the 1980s became known as The Brat Pack.  John Hughes made a series of movies depicting the lives of white teens from Chicago's wealthy northern suburbs.  Those movies included The Breakfast Club, Sixteen Candles, and Ferris Bueller's Day Off.  The John Hughes movies followed in the footsteps of the 1983 movie Risky Business by Paul Brickman, which also depicted lives of wealthy white Chicago suburban teens, and Class, directed by Lewis John Carlino, which did the same.  In the mid-1980s, it became a movie genre unto itself to tell stories of mischievous wealthy white teens challenging authority in suburban Chicago.  Their big freedom escapades often involved driving from their sleepy suburbs into downtown Chicago.

This rich Chicago teen genre and its tropes got turned on its head by 1992's Wayne's World, directed by Penelope Spheeris.  Wayne's World depicted ersatz Chicago suburban "teens," played by the older Mike Meyers and Dana Carvey as Wayne and Garth.  Wayne and Garth did not drive fancy sports cars; they had a 1976 AMC Pacer, a funny little car with huge windows that looked like a circus clown car.  Wayne and Garth were not pondering what to wear to the prom; they were busy making Public Access TV shows down in the paneled-and-brown-plaid finished basement.

The AvoidantConsumer video (below) was imitated by young people in Brooklyn, and then in Boston, and soon in cities all over the world.  You can see in the video below that the role that AvoidantConsumer created for Ally Sheedy was later imitated and reprised by Sandy Ocasio-Cortez in the Boston remake.  Allegedly, AvoidantConsumer's Youtube channel was shut down for Copyright infringement claimed against the video.  That person has resurrected on Youtube as AvoidantConsumer3. 

The first spin-off video was made on a rooftop in Brooklyn in New York City.  Notice it is pretty faithful to the AvoidantConsumer - Brat Pack original.

Rome, Italy, came up with a nice mashup of the video:

Michigan State University did a decent rendition:

This group from Moscow, Russia, does a pretty good job once they get up to the rooftop.  They capture the spirit of the original, even if they lack a brunette dancer for the Ally Sheedy part.

These folks in Rio de Janeiro look like they are having a lot of fun against the gorgeous scenery.

Students at University of Waterloo in Ontario, Canada, get points for a diverse cast and good dance moves.

 
These folks in Vienna, Austria, posed against the scenic local backdrops to make their Lisztomania mashup.

A family in Curitiba, Brazil, cast the mom, dad, and kids in the roles.  They made the video as a thank-you to Curitiba, which they enjoyed visiting.

These people in Versailles, France, look like they are having a lot of fun.  While they did not imitate the original Brat Pack video, they made up for it in energy and fun.

A shop in Paris, France, became the scene for this remake. Not everyone has a rooftop where they can go to dance around.

Dancers in Taipei, Taiwan, performed their mashup on a city train and on a big staircase. They stayed true to the energy and spirit of the original video, if not to its specifics.

San Francisco put forth an excellent version, with a producer, director, and choreographer listed in the credits.   The video is cast with beautiful young women and men, as one would expect in San Francisco. 

This group of dancers in Rimini, Italy, made good use of the charming local scenery.

Lecce, Italy, cast a beautiful brunette woman in the Ally Sheedy role.  The whole cast looks like they are having lots of fun.  

The Israeli version was performed in Jerusalem, Tel Aviv and Jaffa.  Parts of it were shot using what looks like a big orange Alexander Calder sculpture as a backdrop.  They do some couples dancing as well as some folk dancing moves. 

And finally, this ambitious group from Amsterdam, Netherlands, bring their dancing energy to a scene of graffiti-painted rocks and a water taxi boat.

If I missed any videos, please email me the link if you want me to add it onto this post. 

 Happy Dancing!

Trademarks for Cannabis, Hemp, and CBD Products

Hemp Forest.  Photo by Barbetorte. CC license.

Trademarks for Cannabis, Hemp, and CBD Products

by Susan Basko, esq.

Trademarks for cannabis and hemp products are extremely limited.  I have seen quite a number of applications for trademarks, even made by lawyers, that will surely be rejected as they are assigned to an examiner.  I saw an application today that has about 5 lawyers from one law firm listed; apparently none of them bothered to research the law before filing the application.  The application seeks trademark registration on CBD oil used as a dietary supplement; the Trademark Office has specifically stated it cannot register trademarks for any CBD product sold as a dietary supplement.  What will happen?  The trademark examiner will run the lawyers through a long series of inquiries and then will reject the application.  It will be about a year or more until the clients will find out they are not getting a registration.  That whole process will most likely cost the clients tens of thousands of dollars.  The whole thing is a shame because the Trademark Office has been very clear and forthright about how it is handling trademark applications on marijuana and CBD products.

These are the facts as they stand today.  It's not a pretty picture, but this is what it is: 

US Trademarks follow federal law.  All cannabis and THC products are illegal under the federal Controlled Substances Act (CSA), and so trademarks are refused on any such products or services with regard to those products.  Even if medical or recreational marijuana or THC is legal in a State, it is illegal under federal law, and so the US Trademark Office will refuse to register a trademark. Trademarks are also refused on any goods that are considered "drug paraphernalia," which is interpreted very broadly.  Drug paraphernalia is defined and examples listed below. 

The 2018 Farm Bill removed cannabis products from the CSA if they are considered hemp products, meaning they have less than 0.3% THC on a dry weight basis.  This means that CBD (cannabidiol) products that derive from hemp and have less than 0.3% THC are no longer illegal under the CSA -- however, they might still be illegal under the Federal Food Drug and Cosmetic Act (FDCA).  The FDCA prohibits CBD products that are food, beverages, dietary supplements, or pet treats from being in commerce, and therefore, trademarks are refused on these products - since they cannot legally be in commerce.  

CBD products that are food, beverages, dietary supplements, or pet treats are illegal under federal law and so cannot get a US registered trademark.

The FDA states that it has only approved one CBD product as a drug treatment for two rare forms of epilepsy.  The FDA has not approved any other CBD product for treatment for any other illness or condition.  The FDA states it is inquiring regarding the safety of CBD products and lists liver injury and other potential hazards. 

At this time (early 2020), the US Trademark Office WILL REFUSE to register a trademark on the following goods or services:

• Marijuana, Marijuana extract, or THC as goods, even if the sale is legal in the State in which it is being sold and even if it is medical marijuana.
• Goods related to marijuana, such as vaporizers, and any "drug paraphernalia," which is listed below.
• Services related to these goods, such as a marijuana store, delivery services, growing services.
• CBD (cannabidiol) containing more than 0.3% THC. 
• Any CBD product containing less than 0.3% THC if it is a food, beverage, dietary supplement, or pet treat.  This would include such things as CBD gummies, drinks containing CBD, CBD capsules or oil to be taken as a supplement, or pet treats containing CBD. 

SO, WHAT CBD PRODUCTS ARE LEFT THAT CAN GET A REGISTERED TRADEMARK?  Possibly CBD oil that contains less than 0.3% THC that is not meant to be ingested and about which no medical claims have been made.  I do not know yet of any trademark that has been registered in this category, but that seems to be the only possibility.  

Trademarks also cannot be registered on "drug paraphernalia," which is defined by the federal Controlled Substances Act as:

"The term "drug paraphernalia" means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as—

(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(2) water pipes;

(3) carburetion tubes and devices;

(4) smoking and carburetion masks;

(5) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;

(6) miniature spoons with level capacities of one-tenth cubic centimeter or less;

(7) chamber pipes;

(8) carburetor pipes;

(9) electric pipes;

(10) air-driven pipes;

(11) chillums;

(12) bongs;

(13) ice pipes or chillers;

(14) wired cigarette papers; or

(15) cocaine freebase kits.

(e) Matters considered in determination of what constitutes drug paraphernalia

In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:

(1) instructions, oral or written, provided with the item concerning its use;

(2) descriptive materials accompanying the item which explain or depict its use;

(3) national and local advertising concerning its use;

(4) the manner in which the item is displayed for sale;

(5) whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;

(7) the existence and scope of legitimate uses of the item in the community; and

(8) expert testimony concerning its use.

(f) Exemptions

This section shall not apply to—

(1) any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or

(2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory.

ANALYSIS AND SUMMARY

First, remember that it is not necessary to have a registered trademark to create and use a trademark.  USE of a mark to denote the source of a good or service is how trademarks are created.  You can do that without any registration! Therefore, while the US Trademark Office will refuse registration on trademarks on goods and services that are illegal under federal law, if you are in a State where it is legal to sell marijuana or CBD products, you can use the trademarks of your choice.  Be sure to create your trademark words or images/ logos that are creative and original and that do not infringe on anyone else's trademarks.  You may want to create a file of evidence of your use of the trademark, in case the federal law ever changes.  Then you will have proof you have been using your trademark, where and when you have been using it. 

 It will be interesting to watch and see if marijuana and CBD-based businesses will try to prevent other such businesses from infringing on their unregistered trademarks using State law claims.   Within a State where marijuana and/or CBD sales are legal, it seems likely that businesses will try to prevent each other from "stealing" their names, logos, slogans, etc.  

Second, some States register trademarks.  Illinois, where marijuana has become legal for medical and recreational use, has an Illinois trademark registry.  You can see the Illinois Trademark Registration application form HERE.  

Some other States also register trademarks for goods and services being sold within their States.  These in-state trademarks seem ideally suited to the situation involving marijuana and CBD products, where the US Trademark Office simply will not register trademarks, even if the goods or services are legal in the State.  But, keep in mind, a State trademark provides protection from infringement from within the State, not in other states.  However, since marijuana businesses are State-specific, there is less likelihood that buyers will confuse similarly-sounding businesses in other states.  Still, you might want to choose your trademarks carefully to make them original and unique, even from those used by businesses in other states.  ALSO, you may want to choose trademarks that fit the general rules of the US Trademark Office, so that you will be able to register your mark with the Feds if and when the rules change.  

I used to think of State trademarks as useless and foolish in this day of the internet.  I now see how the State trademark registries could be quite useful when a good or service is refused trademark registry by the US Trademark Office.  

So, a solid trademark plan could be:

1. FEDERAL TRADEMARK?  Find out if your good or service is eligible for a US Trademark.  If it is a marijuana good or service, it is not eligible for a US Trademark.  If it is a CBD (with less than 0.3% THC) good or service, it is not eligible for US Trademark if it is a food, beverage, dietary supplement, or animal treat.  If your good or service is eligible, create a unique and original trademark that does not conflict with any existing trademarks and apply to register it at the US Trademark Office.  Keep in mind, registration is a process that takes about 18 months and has many facets to it.  A trademark registration for a CBD product will require a great deal of interaction between the trademark examiner and your lawyer.  The trademark examiner is required to engage in a series of inquiries regarding all applications for trademarks on CBD products or for other potentially illegal goods or services, where the potential illegality appears on the face of the application.

2. STATE TRADEMARK? If your goods or services are not legal under federal law, but if they are legal under State law, check and see if your State registers trademarks.  Create a trademark or service mark that is unique and original and does not conflict with any already-existing trademarks, and apply to register it with your State.  If you create a trademark that meets the other requirements of US Trademarks, then you will be set to apply to register with the US Trademark Office if and when the laws change.  

3. USE IT ANYWAY!  If you find you cannot register your trademark federally or in-state, you can still use it!  You can create brand awareness with the name and/or symbol you use to denote the source of your goods and services, and you can do that without registering anything at all.  Just do a solid search to be sure you are not infringing on anyone else's trademark.  

4. Get a trademark lawyer.  Don't try to do this on your own.  What I have written here is complicated, and it is the tip of the iceberg.  Trademark law is very complicated!  In the case of trademarks on marijuana and CBD products, a trademark inquiry involves not just the extremely complex trademark law, but also the Controlled Substances Act (CSA) and the Food, Drug, and Cosmetics Act (FDCA).   

5. Prepare in advance for changes in the law.  Keep pictures of your use of your trademark with your goods or services on products, on ads, on websites.  Keep a whole file of evidence as proof you have been using the trademark so you can register it with the US Trademark Office if and when the laws change.  It may take years for the laws to change, but they will likely change at some point, and you want to be prepared.  

Facebook: FB.GG?

 

 Facebook: FB.GG?

by Susan Basko, esq

see the related post: Facebook's New Name?

Facebook also has a pending trademark application for FB.GG.  This has already passed the conflicts test, but has not yet been used.  This could also perhaps be the new name. The goods and services from the application are listed below.  This seems to be more about the Facebook Gaming platform.

What might "FB.GG" be an acronym for?  Facebook: Good Grief.  Facebook Grandmas and Grandpas.  Facebook Gettin' Goofy.  Or since this looks like the Games platform, maybe Facebook Games.  Any other ideas?

These listings of goods and services are hilariously verbose.  The trademark examiner will chop all this down.  I recently saw a trademark application where the lawyer put in these long paragraphs about infusions and submersions of imported ground leaves and beans and chocolates, etc, that went on for many paragraphs.  The trademark examiner whittled it all down to three words: Coffee and Tea.  

Word Mark FB.GG

Goods and Services IC 009. US 021 023 026 036 038. G & S: Downloadable software for social networking; Downloadable software development tools; Downloadable software for use as an application programming interface (API); Downloadable application programming interface (API) for use in building software applications; Downloadable software for creating, managing, and interacting with an online community; Downloadable software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via computer and communication networks; Downloadable software for enabling transmission of images, audio, audio visual and video content and data; Downloadable software for the collection, managing, editing, organizing, modifying, transmission, sharing, and storage of data and information; Downloadable computer software for sending and receiving electronic messages, alerts, notifications and reminders; Downloadable virtual reality game software; Downloadable augmented reality game software; Downloadable mixed reality game software; Downloadable virtual, augmented, and mixed reality software for use in enabling computers, video game consoles, handheld video game consoles and tablet computers to provide virtual reality experiences; Downloadable electronic game software and virtual, augmented, and mixed reality games; Downloadable virtual reality software for providing virtual reality experiences; Downloadable augmented reality software for providing augmented reality experiences; Downloadable mixed reality software for providing mixed reality experiences; Downloadable video game software; Downloadable interactive multimedia computer game programs; Downloadable electronic game programs; Downloadable computer game software; Downloadable software for integrating electronic data with real world environments for the purposes of entertainment, education, gaming, communicating, and social networking; Downloadable software for wireless content, data and information delivery; Downloadable software for creating, managing and accessing groups within virtual communities; Downloadable virtual reality software for use in enabling computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile telephones to provide virtual reality experiences; Downloadable computer game software for home video game consoles; Downloadable virtual reality software for navigating a virtual reality environment; Downloadable augmented reality software for navigating an augmented reality environment; Downloadable augmented reality software for use in enabling computers, video game consoles, handheld video game consoles and tablet computers to provide augmented reality experiences; Downloadable video and computer game programs; Downloadable interactive entertainment software; Digital media streaming devices, namely, devices for streaming digital content; Downloadable video display software; Downloadable software for navigating a virtual reality environment; Downloadable software for use in enabling computers, video game consoles, handheld video game consoles and tablet computers to provide virtual reality and augmented reality experiences; Downloadable virtual reality software for object tracking, motion control and content visualization; Downloadable augmented reality software for object tracking, motion control and content visualization; Downloadable virtual reality software for users to experience virtual reality visualization, manipulation and immersion; Downloadable augmented reality software for users to experience augmented reality visualization, manipulation and immersion; Downloadable virtual reality software for interactive entertainment; Downloadable augmented reality software for interactive entertainment; Downloadable software for use in creating and designing virtual reality and augmented reality software; Downloadable application programming interface (API) for computer software for developing and creating virtual reality and augmented reality experiences; Downloadable software and firmware for operating system programs; Downloadable computer operating systems; Downloadable software for tracking motion in, visualizing, manipulating, viewing, and displaying augmented and virtual reality experiences; Downloadable software and firmware for enabling electronic devices to share data and communicate with each other; Downloadable computer operating system software; Downloadable software driver programs for electronic devices for enabling computer hardware and electronic devices to communicate with each other; Downloadable software for processing images, graphics, audio, video, and text; Downloadable messaging software; Downloadable interactive game software

IC 036. US 100 101 102. G & S: Financial transaction processing services, namely, providing secure commercial transactions and payment options; Electronic funds transfer services; Credit card, debit card, and gift card transaction processing services; Merchant services, namely, payment transaction processing services in the field of electronic payments; Providing electronic mobile payment services for others, namely, payment processing in the field of e-commerce payments; Financial services, namely, payment transaction processing services; Payment processing services in the field of electronic payments; Financial transaction services; namely, providing a virtual currency for use by members of an online community via the internet and communications networks

IC 038. US 100 101 104. G & S: Photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among internet users; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and information; Providing online forums for communication on topics of general interest; Providing online communications links which transfer internet users to other local and global online locations; Facilitating access to third party websites or to other electronic third party content via a universal login; Providing online chat rooms, email and instant messaging services, and electronic bulletin boards; Audio, text and video broadcasting services over the internet or other communication networks; Voice over internet protocol (VOIP) services; Peer- to-peer photo and data sharing services, namely, electronic transmission of digital photo and video files, graphics and audio content among internet users; Telecommunications and peer-to-peer network computer services, namely, electronic transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information; Streaming and live streaming of video, audiovisual, and interactive audiovisual content via the internet; Telecommunications services, namely, electronic transmission of virtual and augmented reality content and data; Providing electronic bulletin boards for transmission of messages among users in the field of general interest; Video conferencing services; Providing facilities and equipment for video conferencing; Teleconferencing; Providing an online community forum for users to share and stream information, audio, video, real-time news, entertainment content, or information, to form virtual communities, and to engage in social networking; Electronic exchange of voice, data, audio, video, text and graphics via the internet and telecommunications networks; Streaming of audio, visual and audiovisual material via a global computer network; Streaming of audio, visual and audiovisual gaming content via a global computer network; Electronic transmission and streaming of digital media content for others via global and local computer networks; Electronic transmission and streaming of gaming digital media content for others via global and local computer networks; Streaming of audio material on the internet; Streaming of video material on the internet; Streaming of data; Video broadcasting; Audio broadcasting; Transmission and delivery of video and audio files via wireless communication networks and the internet; Entertainment services, namely, providing livestreaming of gaming content via a website; Providing on-line facilities for real-time interaction with other computer users for playing games

IC 041. US 100 101 107. G & S: Electronic publishing services, namely, publishing of electronic messages, blogs, commentary, information, data and content; Entertainment services, namely, providing interactive and multiplayer and single player game services for games played via the internet or communications networks; Providing information about video games, electronic or interactive multimedia games via the internet or communications networks; Arranging and conducting competitions and hosting social entertainment events for players of electronic or interactive multimedia games; Providing online resources, namely, information, electronic publications, and websites for software developers; Organizing contest and incentive award programs for software developers; Entertainment services, namely, providing online virtual reality games, interactive entertainment in the nature of online games and virtual reality content in the nature of online games and virtual reality experiences; Entertainment services, namely, providing online augmented reality games, interactive entertainment in the nature of online games and augmented reality content in the nature of online games and augmented reality experiences; Entertainment services, namely, providing online mixed reality games, interactive entertainment in the nature of online games and mixed reality content in the nature of online games and mixed reality experiences; Providing a computer game for use network-wide by network users; Providing online virtual reality games; Providing online augmented reality games; Providing online mixed reality games; Entertainment services, namely, providing online video games; Organizing exhibitions and events in the field of interactive entertainment, virtual reality, and augmented reality, consumer electronics and video game entertainment industries for cultural or educational purposes; Providing computer, electronic and online databases in the field of entertainment; Providing online computer and video games; Entertainment services, namely, arranging and conducting of competitions for encouraging use and development of interactive entertainment, virtual reality, augmented reality, consumer electronics, and video game entertainment software; Production of video and computer game software; Virtual reality arcade services; Augmented reality arcade services; Virtual reality game services provided online from a computer network; Augmented reality game services provided online from a computer network; Providing online computer games and interactive games; Augmented reality video production; Virtual reality video production; Multimedia production services; Entertainment services, namely, providing augmented reality games and interactive entertainment content in the nature of online games and augmented reality experiences; Entertainment services, namely, providing online virtual reality environments; Entertainment services, namely, providing online augmented reality environments for purposes of augmented reality experiences; Providing entertainment information from searchable indexes and databases of information, including text, electronic documents, databases, graphics, photographic images and audio visual information, via the internet and communication networks; Providing information about online computer games and video games via computer or communication networks; Arranging and conducting competitions and hosting social entertainment events for video gamers and computer game players; Electronic games services provided by means of the internet; Providing a web- based system and on-line portal for consumers to participate in on-line gaming, operation and coordination of game tournaments, leagues and tours for recreational computer game playing purposes; Entertainment services, namely, conducting alternate reality games via the internet; Entertainment services, namely, providing online videos featuring games being played by others; Providing online card games; Gaming services in the nature of providing online facilities for consumers to watch games played by others; Gaming services in the nature of providing online facilities for consumers to broadcast game play to others; Multimedia entertainment software production services; multimedia production services; Entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; Peer-to-browser photo and video sharing services, namely, providing a website featuring technology enabling users to upload, view, and download digital photos and videos

IC 042. US 100 101. G & S: Design and development of computer software; Computer services, namely, creating virtual communities for registered users to organize groups and events, participate in discussions, get feedback from their peers, and engage in social, business and community networking; Computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks; Computer services in the nature of customized electronic personal and group profiles or webpages featuring user-defined or specified information, including, audio, video, images, text, content, and data; Computer services, namely, providing search engines for obtaining data on the internet and communication networks; Providing online facilities featuring technology that enables online users to create personal profiles featuring social and business networking information and to transfer and share such information among multiple online facilities; Non-downloadable software for social networking, creating a virtual community, and transmission of audio, video, images, text and data; Application service provider (ASP) services featuring software for accessing and playing electronic games; Providing an online network service that enables users to transfer personal identity data to and share personal identity data with and among multiple online facilities; Software as a service (SAAS) services featuring software for sending and receiving electronic messages, notifications and alerts; Electronic and interactive multimedia game development services; Providing online sites that give users the ability to upload, modify and share virtual reality content, information, experiences and data; Providing online sites that give users the ability to upload, modify and share augmented reality content, information, experiences and data; Providing online sites that give users the ability to upload, modify and share mixed reality content, information, experiences and data; Providing application programming interface (API) software for use in electronic messaging and transmission of audio, video, images, text, content and data; On-line non-downloadable software for electronic messaging; On-line non- downloadable computer software for sharing and displaying a user's location, planning activities with other users and making recommendations; Application service provider (ASP) featuring software to enable or facilitate the sharing and displaying a user's location, planning activities with other users and making recommendations; On-line non-downloadable software for creating, managing and accessing user-created and administered private groups within virtual communities; On-line non-downloadable software for providing a virtual marketplace; Platform as a service (PAAS) featuring software platforms for social networking and transmission of images, audio-visual content, video content and messages; On-line non-downloadable software for streaming multimedia entertainment content; Design and development of computer game software; Design and development of virtual reality software; Design and development of mixed reality software; Design and development of video game software; Computer services in the nature of providing customized online pages featuring user- defined or specified information, personal profiles, virtual reality, and augmented reality content and data; Software development; Design and development of interactive multimedia software; Maintenance and repair of computer software; On-line non-downloadable software for transmitting, sharing, receiving, downloading, displaying, interacting with and transferring content, text, visual works, audio works, audiovisual works, literary works, data, files, documents and electronic works; Computer services, namely, providing information in the fields of computer technology and software development via the internet; Technical support services, namely, troubleshooting in the nature of diagnosing computer software problems; Computer services, namely, cloud hosting provider services; Online non-downloadable cloud computing software for use in electronic storage of data; Online non- downloadable cloud computing software for experiencing virtual, augmented reality applications and environments; File sharing services, namely, providing online facilities for others featuring technology enabling users to upload and download electronic files; Hosting of digital content on the internet; Designing and modifying computer programs and video games for others; Video game programming development services; Designing and developing computer game software and video game software for use with computers, video game program systems and computer networks; Video game development services

IC 045. US 100 101. G & S: On-line social networking services

Standard Characters Claimed

Mark Drawing Code (4) STANDARD CHARACTER MARK

Serial Number 88307582

Filing Date February 19, 2019

Current Basis 1B

Original Filing Basis 1B;44D

Published for Opposition July 28, 2020

Owner (APPLICANT) Facebook, Inc. CORPORATION DELAWARE 1601 Willow Road Menlo Park CALIFORNIA 94025

Attorney of Record Allisen Pawlenty-Altman

Priority Date August 20, 2018

Type of Mark TRADEMARK. SERVICE MARK

Register PRINCIPAL

Live/Dead Indicator LIVE

Facebook's New Name?

Facebook's New Name?

by Susan Basko, esq.

Facebook is renaming itself and is set to announce the new name this week.  I assume Facebook, Inc would have enough collective sense to apply for a trademark on the name before announcing it.  Their most recent applications are for the word mark "Stories," and for the logo above.  The trademark registration process takes at least a year and these applications were just filed in late September.  I will list the goods and services below.  

My Guess: "Stories" is the new new name for Facebook.  This is incredibly stupid.  The chance of this trademark registration succeeding is like, just about zero.  There are 3297 LIVE trademarks using the word "Story," or "Stories."  A quickie skim through a few of them shows numerous potential trademark conflicts.  One such conflict is a completed registration by  HyperTV, Inc. for the word mark "Connected Stories" for the Class 42 services listed just below. Will the trademark examiner find that "Connected Stories" is a conflict preventing the registration of "Stories" for identical services?  My prediction is YES, this is a conflict.  If this particular trademark is found to not conflict, that leaves another 3296 other trademarks using "Story" or "Stories" to clear for conflicts.  Good luck.  Choosing a totally non-original and non-unique name brings these hazards.  

So what happens if Facebook makes a big announcement that it is changing its name -- and then cannot use that name because they cannot get a trademark registered on it?  I guess they slink away looking clueless.   

Facebook also has a trademark application on FB.GG as a standard word mark.  This one has already passed the conflicts hurdle, but is not yet in use.  Could FB.GG be the new name?  You can read the list of good and services over HERE. 

Word Mark: Connected Stories

Goods and Services:

	IC 042. US 100 101. G & S: Providing online, non-downloadable software for use in connection with audio and visual content creators for the purpose of advertising and marketing for others; software as a service (SaaS) for use in providing advertising and electronic content via the internet and mobile devices; creating weblogs for others. FIRST USE: 20151100. FIRST USE IN COMMERCE: 20151100

The Facebook, Inc., Stories trademark application is made on a 1B (Intent to Use), as well as on a 44D basis (used already in a foreign nation.) The latter seems improbable.  

The list of goods and services will never be accepted by a trademark examiner.  The listing is supposed to be specific and succinct.  This is nonsensically wordy and nonspecific.  

The ridiculously verbose listing of goods and services on the Facebook, Inc application for the word mark, "Stories" is this:

Word Mark: Stories
Goods and Services:

	IC 009. US 021 023 026 036 038. G & S: Computer hardware; software development tools; software for use as an application programming interface (API); application programming interface (API) for use in building software applications; application programming interface (API) for software which facilitates online services for data retrieval, upload, download, access and management; software for modifying and enabling transmission of images, audio, audio visual and video content and data; software for the collection, managing, editing, organizing, modifying, transmission, sharing, and storage of data and information; computer software for sending and receiving electronic messages, alerts, notifications and reminders; computer peripheral devices; virtual, augmented, and mixed reality software for use in enabling computers, mobile devices, to provide virtual reality experiences; virtual reality software; augmented reality software; mixed reality software; software for integrating electronic data with real world environments for the purposes of entertainment, education, communicating; software for converting natural language into machine-executable commands; software, namely, an interpretive interface for facilitating interaction between humans and machines; personal assistant software; social assistant software; software for planning activities with other users, making recommendations; software for social and destination mapping; software for ordering and/or purchasing goods and services; software for wireless content, data and information delivery; software for creating, managing and accessing groups within virtual communities; virtual reality computer hardware; virtual reality software for use in enabling computers, mobile devices, to provide virtual reality experiences; wearable peripherals for computers, mobile devices, namely, configurable head-mounted displays; augmented reality computer hardware; virtual reality headsets; augmented reality headsets; virtual reality glasses; augmented reality glasses; virtual reality software for navigating a virtual reality environment; augmented reality software for navigating an augmented reality environment; augmented reality software for use in enabling computers, mobile devices, s to provide augmented reality experiences; interactive entertainment software; gesture recognition software; motion tracking sensors for virtual reality technology; motion tracking sensors for augmented reality technology; computer software for controlling the operation of audio and video devices; digital media streaming devices; headphones; video display software; video display hardware, namely, video drivers for video eyewear; virtual reality software for object tracking, motion control and content visualization; augmented reality software for object tracking, motion control and content visualization; virtual reality software for users to experience virtual reality visualization, manipulation and immersion; augmented reality software for users to experience augmented reality visualization, manipulation and immersion; virtual reality software for operating virtual reality headsets; augmented reality software for operating augmented reality headsets; virtual reality software for interactive entertainment; augmented reality software for interactive entertainment; software for recording, storing, transmitting, receiving, displaying and analyzing data from wearable computer hardware; wearable computing devices comprised primarily of software and display screens for connection to computers, mobile devices, and in order to enable virtual reality and augmented reality world experiences; goggles for enabling virtual reality, augmented reality world experiences; software for use in creating and designing virtual reality and augmented reality software; application programming interface (API) for computer software for developing and creating virtual reality and augmented reality experiences; software and firmware for operating system programs; computer operating systems; software for tracking motion in, visualizing, manipulating, viewing, and displaying augmented and virtual reality experiences; software, firmware and hardware for use in visual, voice, audio, motion, eye and gesture tracking and recognition; hardware and software for operating sensor devices; electronic sensor devices, cameras, projectors, and microphones for gesture, facial, and voice detection, capture and recognition; hardware and software for detecting objects, user gestures and commands; wireless computer peripherals; head-mounted video display; software in the nature of a mobile application; software for processing images, graphics, audio, video, and text; messaging software; computer software for modifying photographs, images and audio, video, and audio-visual content with photographic filters and augmented reality (AR) effects, namely, graphics, animations, text, drawings, geotags, metadata tags, hyperlinks; computer software to enable accessing, displaying, editing, linking, sharing and otherwise providing electronic media and information via the internet and communications networks; computer software, downloadable computer software and mobile application software for facilitating interaction and communication between humans and AI (artificial intelligence) platforms, namely, bots, virtual agents and virtual assistants; application programming interface (API) software for allowing data retrieval, upload, access and management; software for organizing images, video, and audio-visual content using metadata tags; application programming interface (API) for use in developing AI (artificial intelligence) platforms, namely, bots, virtual agents and virtual assistants; computer software for organizing events; computer software for sending and receiving electronic messages, graphics, images, audio and audio visual content via the internet and communication networks; downloadable software, namely, instant messaging software, file sharing software, communications software for electronically exchanging data, audio, video images and graphics via computer, mobile, wireless, and communication networks; computer software for personal information management, and data synchronization software; computer software for use in facilitating voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, instant message; communication software and communication computer hardware for providing access to the Internet; electronic display screens; smart glasses; computer peripherals for remotely accessing and transmitting data; computer peripherals for mobile devices for remotely accessing and transmitting data, namely, peripherals worn on the head for mobile devices for remotely accessing and transmitting data; computer hardware for displaying data and video; computer peripherals for displaying data and video; computer peripherals for mobile devices for displaying data and video, namely, peripherals worn on the head for mobile devices for displaying data and video; downloadable computer software, namely, downloadable mobile application for setting up, configuring, and controlling wearable computer hardware and wearable computer peripherals; computer software for viewing digital images and photographs provided as updates for or in combination with head-mounted display screen devices; computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the three-dimensional rendering of graphics, still images and moving pictures provided as updates for or in combination with head-mounted display screen devices; computer software, namely, software development tools for the creation, debugging, and deployment of software applications for smart glasses, near eye displays, head mounted displays, and smartphone; digital video eyewear; downloadable computer application software for mobile phones, smartphones, computers, tablets, smart glasses, digital video eyewear, wearable digital electronic devices, namely, glasses, goggles, and headsets, head mounted displays, near eye display systems, communications networks, cloud computing services, and computer systems for communicating between the devices, networks and services; downloadable computer application software for smart glasses, near eye display systems, and head mounted displays for displaying icons, determining and responding to user selection of icons, controlling connections to and communication with other devices, networks, and systems, operating a camera to record and display images and audio visual files, organizing digital image and audio visual files, controlling microphones, controlling sound level of built-in speakers, transferring computer files between the smart glasses, near eye display systems, head mounted displays and other devices, networks, and systems, controlling user notifications, controlling a touchpad, controlling and obtaining data from sensors in the smart glasses, near eye display systems, and head mounted displays, including accelerometers, barometric, temperature, tilt, tip, and yawl sensors, head orientation sensors, and GPS receivers, controlling the speed of the CPU, and sensing and displaying the battery charge level, and displaying, capturing, recording, and streaming data, images, and audio visual content in standard reality, augmented reality, and mixed reality environments; downloadable computer application software for smart glasses, near eye display systems, and head mounted displays for the generation and display of standard reality, augmented reality, mixed reality content; downloadable computer application software for smart glasses, near eye display systems, and head mounted displays for communication with other smart glasses, near eye display systems, and head mounted displays; glasses with the function of wireless communication; software to view virtual images in creating augmented reality; head mounted video display; smart glasses with wired and wireless audio capability; software for communicating by wireless local area networks, wireless technologies, and other communication protocols between near-eye display systems and network devices, namely, mobile phones, smart phones, computers, tablets, and other computer systems; software for generating images to be displayed in near-eye display system; software for smart phones and other computer systems to generate data, images, and audio for display in near-eye display systems and for transmitting such data, images, audio to near-eye display systems; software for smart phones and other computer systems to receive data from near-eye display systems; wearable digital electronic devices, namely, glasses; computer software for setting up, configuring, operating and controlling wearable devices, computers, and computer peripherals; electronic communication equipment and instruments, namely, mobile and wearable digital electronic devices for sending and receiving of text, data, audio, image, and video files; wearable computer hardware; wearable computer peripherals; computer software for accessing, monitoring, searching, displaying, reading, recommending, sharing, organizing, and annotating news, sports, weather, commentary, and other information, content from periodicals, blogs, and websites, and other text, data, graphics, images, audio, video, and multimedia content; computer software for creating, authoring, distributing, downloading, transmitting, receiving, playing, editing, extracting, encoding, decoding, displaying, storing and organizing text, data, graphics, images, audio, video, and multimedia content, electronic publications; computer software and firmware, namely, operating system programs, database synchronization software, and data synchronization programs; computer application software for use in connection with configuring and controlling wearable computer hardware and wearable computer peripherals IC 038. US 100 101 104. G & S: Telecommunication services; providing access to computer, electronic and online databases; telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and information; providing online communications links which transfer mobile device and internet users to other local and global online locations; facilitating access to third party websites or to other electronic third party content via a universal login; audio, text and video broadcasting services over the internet or other communication networks; streaming and live streaming of video, audiovisual, and interactive audiovisual content via the internet; telecommunications services, namely, electronic transmission of virtual and augmented reality content and data; video conferencing services; providing technical support services regarding the usage of communications equipment; providing equipment for video conferencing; teleconferencing; mobile phone communication services IC 041. US 100 101 107. G & S: Entertainment services; electronic publishing services; entertainment services, namely, providing virtual reality interactive entertainment and virtual reality content; entertainment services, namely, providing augmented reality interactive entertainment and augmented reality content; entertainment services, namely, providing mixed reality interactive entertainment and mixed reality content; providing computer, electronic and online databases in the field of entertainment; entertainment services, namely, providing online facilities for streaming entertainment content and live streaming video of entertainment events; organizing exhibitions and events for entertainment purposes; augmented reality video production; virtual reality video production; multimedia production services; entertainment services, namely, providing augmented reality interactive entertainment content; entertainment services, namely, providing online virtual reality environments; entertainment services, namely, providing online augmented reality environments; providing entertainment information from searchable indexes and databases of information, including text, electronic documents, databases, graphics, photographic images and audio visual information and communication networks; providing of training; sporting and cultural activities; arranging and conducting of workshops; conduct and providing access to on-line live workouts, fitness instructions and sessions; conducting fitness classes; entertainment services, namely, contest and incentive award programs designed to reward program participants who exercise, participate in sports activities, engage in health-promoting activities, make achievements in exercise and sports activities, and reach personal goals regarding exercise, sports activities, and fitness; entertainment services, namely, contest and incentive award programs designed to reward program participants who exercise, make healthy eating choices, and engage in other health-promoting activities; entertainment services, namely, incentive award programs designed to reward program participants who exercise; online journals, namely, blogs featuring commentary, advice and information in the fields of health, wellness, sleep, fitness and nutrition; personal coaching services in the field of sports, exercise, health, and fitness; pre-recorded athletic and fitness sessions; providing a fitness assessment and a fitness score, and a personalized workout program based on that assessment and score; providing a website featuring information regarding sports, athletic skill development, and fitness training; providing access to pre-recorded athletic and fitness sessions; providing information regarding sports, athletic skill development, and fitness training via an online website, other computer and electronic communication networks, and via computer software for personal computers, personal digital devices, and smart phones; providing pre-recorded athletic challenges, training, fitness sessions and challenges, and workouts via an online website, other computer and electronic communication networks, and via computer software for personal computers, personal digital devices, and smart phones; providing a website featuring fitness instructions and sessions; providing a website featuring information regarding fitness training, and athletic skill development; providing a website featuring information regarding fitness training, fitness coaching, fitness goals, and athletic skill development; providing a website featuring fitness coaching, instructions, and sessions; providing a website featuring pre-recorded athletic and fitness sessions; providing group coaching in the field of sports, exercise, health, and fitness; providing of training; recreation information; sporting and cultural activities IC 042. US 100 101. G & S: Computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks; computer services in the nature of customized electronic personal and group profiles or webpages featuring user-defined or specified information, including, audio, video, images, text, content, and data; computer services, namely, providing search engines for obtaining data on the internet and communication networks; application service provider (ASP) services; providing an online network service that enables users to transfer personal identity data to and share personal identity data with and among multiple online facilities; providing information from searchable indexes and databases of information, including text, electronic documents, databases, graphics, electronic media, images and audio visual content via the internet and communication networks; providing non-downloadable software to allow users to perform electronic business transactions via the internet and communications networks; software as a service (SAAS) services featuring software for sending and receiving electronic messages, notifications and alerts; providing online sites that give users the ability to upload, modify and share virtual reality content, information, experiences and data; providing online sites that give users the ability to upload, modify and share augmented reality content, information, experiences and data; providing online sites that give users the ability to upload, modify and share mixed reality content, information, experiences and data; non-downloadable software for processing electronic payments; platform as a service (PAAS) services featuring computer software to allow users to perform electronic business and e-commerce transaction; software for electronic messaging; non-downloadable computer software for sharing and displaying a user's location, planning activities with other users and making recommendations; application service provider (ASP) featuring software to enable or facilitate the sharing and displaying a user's location, planning activities with other users and making recommendations; non-downloadable computer software for social and destination mapping; application service provider (ASP) featuring software to enable or facilitate social and destination mapping; non-downloadable software for ordering and/or purchasing goods and services; application service provider (ASP) featuring software to enable or facilitate ordering and/or purchasing goods and services; non-downloadable software for providing a virtual marketplace; non-downloadable computer software for facilitating interaction and communication between humans and AI (artificial intelligence) platforms, namely, bots, virtual agents and virtual assistants; application service provider (ASP) featuring software to enable or facilitate interaction and communication between humans and AI (artificial intelligence) platforms, namely, bots, virtual agents and virtual assistants; providing personal assistant software; computer services in the nature of providing customized online pages featuring user-defined or specified information, personal profiles, virtual reality, and augmented reality content and data; maintenance and repair of computer software; non-downloadable software for transmitting, sharing, receiving, downloading, displaying, interacting with and transferring content, text, visual works, audio works, audiovisual works, literary works, data, files, documents and electronic works; computer services, namely, providing information in the fields of technology via the internet; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; computer services, namely, cloud hosting provider services; online non-downloadable cloud computing software for use in electronic storage of data; online non-downloadable cloud computing software for virtual, augmented reality applications and environments; file sharing services, namely, providing online facilities for others featuring technology enabling users to upload and download electronic files; hosting of digital content on the internet; computer services, namely, providing remote management of devices via computer networks, wireless networks or the internet; providing user authentication services using single sign-on and software technology for e-commerce transactions; providing user authentication services of electronic funds transfer, credit and debit card and electronic check transactions using single sign-on and software technology; application service provider (ASP) featuring software to enable or facilitate making reservations and bookings; providing temporary use of non-downloadable location-aware computer software for searching, determining and sharing the location of goods, services and events of interest; application service provider (ASP) featuring location-aware software for searching, determining and sharing the location of goods, services and events of interest; providing temporary use of non-downloadable software applications for searching and identifying local and location-based points of interest, events, landmarks, employment opportunities, entertainment, cultural events, shopping and offers; providing temporary use of non-downloadable software applications for providing location-based weather information; providing temporary use of non-downloadable software applications for providing, linking to, or streaming news or current events information; providing temporary use of non-downloadable computer software for finding content and content publishers, and for subscribing to content; providing temporary use of non-downloadable software for organizing images, video, and audio-visual content using metadata tags; providing temporary use of non-downloadable software for taking photographs and recording audio, audio-visual and video content; providing temporary use of non-downloadable software for uploading, downloading, archiving, enabling transmission of, and sharing images, audio-visual and video content and associated text and data; providing temporary use of non-downloadable e-commerce software to allow users to perform electronic business transactions via the internet; providing temporary use of non-downloadable computer software for use in facilitating voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, electronic message and instant message; application service provider (ASP) services featuring software to enable or facilitate voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, electronic message and instant message; providing temporary use of non-downloadable computer software for use in taking and editing photographs and recording and editing videos; application service provider (ASP) featuring software to enable or facilitate taking and editing photographs and recording and editing videos; application service provider, namely, providing, hosting, managing, developing, and maintaining applications, software, web sites, and databases in the fields of wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; providing temporary use of online non-downloadable software and applications for instant messaging, voice over internet protocol (VOIP), video conferencing, and audio conferencing; data encryption services; encrypted electronic transmission and delivery of recovered data; providing online non-downloadable software for setting up, configuring, and controlling wearable computer hardware and wearable computer peripherals; platform as a service (PaaS) featuring computer software platforms for voice command and recognition software, speech to text conversion software, voice-enabled software applications for personal information management; platform as a service (PaaS) featuring computer software platforms for personal assistant software; platform as a service (PaaS) featuring computer software platforms for home automation and home device integration software; platform as a service (PaaS) featuring computer software platforms for wireless communication software for voice, audio, video, and data transmission; software as a service (SaaS) featuring computer software used for controlling stand-alone voice controlled information and personal assistant devices; software as a service (SaaS) featuring computer software for personal information management; software as a service (SaaS) featuring computer software for accessing, browsing, and searching online databases, audio, video and multimedia content and software applications, software application marketplaces; software as a service (SaaS) featuring computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; software as a service (SaaS) featuring computer software for use to connect and control internet of things (IoT) electronic devices; software as a service (SaaS) featuring computer software for connecting, operating, integrating, controlling, and managing networked consumer electronic devices, home climate devices and lighting products via wireless networks; application service provider (ASP) services featuring software for controlling, integrating, operating, connecting, and managing voice controlled information devices, namely, cloud-connected and voice-controlled smart consumer electronic devices and electronic personal assistant devices; providing customized computer searching services, namely, searching and retrieving information at the user's specific request via the internet; computer services, namely, providing remote management of devices via computer networks, wireless networks or the Internet; provision of Internet search engine services; information, advisory and consultancy services relating to voice command and recognition software, speech to text conversion software, and voice-enabled software applications, home automation, and internet-of-things software; providing information, news, and commentary in the field of science and technology, home decorating, weather, and graphic, interior, product, and fashion design; technological services, namely, data warehousing services; application service provider (ASP), namely, hosting computer software applications through the internet of others; application service provider, namely, providing, hosting, managing, developing, and maintaining applications, software, websites, and databases in the fields of calculation of website ranking based on user traffic; software as a service (SAAS) services, namely, hosting software for use by others for use providing an online database featuring a wide range of general interest information via the internet; providing temporary use of on-line non-downloadable mobile communications device software for enhancing mobile access to the internet via computers, mobile computers, and mobile communications devices; technical support, namely, troubleshooting of computer hardware and software problems and mobile computer and mobile communications device hardware and software problems; providing internet search engines; providing search platforms to allow users to request and receive photos, videos, text, data, images, and electronic works; computer consulting, computer programming; providing search platforms to allow users to request and receive content, text, visual works, audio works, audiovisual works, literary works, data, files, documents, and electronic works; computer hardware, software, application, and network consulting services; providing temporary use of non-downloadable computer software and hosting online facilities to enable users to access and download computer software; application service provider (ASP), namely, remote hosting of computer applications of others; application service provider (ASP), namely, providing, hosting, managing, developing, and maintaining applications, software, websites, and databases in the fields of calculation of website ranking based on user traffic; providing temporary use of on-line non-downloadable software and applications for accessing streaming audio and video files, text files, and multimedia files; application service provider (ASP), namely, hosting, managing, developing and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, and mobile applications; providing technical support services, namely, troubleshooting of computer software problems regarding the usage of communications equipment; computer online services, namely, providing information, online links and electronic resources related to sports, health, and fitness; creating, maintaining and hosting of a website and other computer and electronic communication networks featuring information, online links, and electronic resources in the field of sports and fitness; creating, maintaining and hosting of an interactive web site and other computer and electronic communication networks that enables users to enter, access, track progress, monitor and generate health, fitness, personal exercise, sports, and athletic activity information and achievements; creating, maintaining and hosting of an interactive web site and other computer and electronic communication networks that enables users to compete and compare athletic information and achievements with other users; 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; non-downloadable computer software for tracking fitness, health and wellness goals and statistics; non-downloadable software for creating personalized fitness training programs; non-downloadable software for providing personal training services, workouts and fitness assessments; provide an interactive web site that enables users to enter, access, track progress, monitor and generate nutrition, calories, health, fitness, personal exercise, sports, and athletic activity information and achievements; provide use of non-downloadable software to provide information regarding sports, athletic skill development, fitness coaching, and fitness training via an online website and other computer and electronic communication networks for personal computers, personal digital devices, and smart phones; providing an interactive web site that enables users to enter, access, track progress, monitor and generate calories, fitness, personal exercise, and athletic activity information and achievements; software as a service (SAAS) for use in designing, creating and analyzing data, metrics and reports in the areas of health, fitness, sleep, nutrition and wellness; software as a service (SAAS) services featuring software for use of an algorithm for calculating and generating data for sport activity, fitness training, fitness level assessments, fitness coaching, fitness recommendations and goal setting; software as a service (SAAS) services, namely, hosting software for use by others for use of an algorithm for calculating and generating data for sport activity, fitness training, fitness level assessments, fitness coaching, fitness recommendations and goal setting; software as a service (SAAS) services, namely, providing a customized website and mobile portal for individuals featuring data analytics based on physiological metrics for purposes of health monitoring; software as a service (SAAS) that enables users to manage employee accounts, schedule and track employee participation, and facilitate and manage corporate fitness and wellness programs
	STANDARD CHARACTER MARK SERIAL NUMBER 97019750 Filing Date: September 9, 2021
	The goods and services listed for the image mark (shown above) are these: Goods and Services: IC 009. US 021 023 026 036 038. G & S: Application programming interface (API) for computer software for developing and creating virtual reality, augmented reality and mixed reality experiences; application programming interface (API) for computer software which facilitates online services for social networking and for data retrieval, upload, download, access and management; application programming interface (API) for software which facilitates online services for social networking and for data retrieval, upload, download, access and management; application programming interface (API) for use in building software applications; augmented reality software; augmented reality software for interactive entertainment; augmented reality software for navigating an augmented reality environment; augmented reality software for object tracking, motion control and content visualization; augmented reality software for operating augmented reality headsets; augmented reality software for users to experience augmented reality visualization, manipulation and immersion; computer application software for smartphones and mobile devices in the fields of fitness and exercise featuring personal training services, coaching, workouts and fitness assessments; computer application software for use in connection with configuring and controlling wearable computer hardware and wearable computer peripherals; computer application software for use in connection with configuring and controlling wearable computer hardware and wearable computer peripherals; computer operating system software; computer operating systems; computer search engine software; computer software; computer software and computer application software for mobile phones and personal digital devices that provides a fitness assessment and fitness score by comparing previous athletic performances and fitness levels with future athletic performances and fitness levels, and provides advice and customized workouts for improving in specific areas of a particular sport or fitness activity; computer software and computer application software for mobile phones and personal digital devices that monitor, track, and compare sport activity and fitness level; computer software and computer application software for mobile phones and personal digital devices that evaluates a user's fitness level and athleticism, and provides fitness scores; computer software and computer application software for mobile phones and personal digital devices that provides tips, coaching, and personalized workouts, to improve the user's fitness score; computer software and computer application software for mobile phones and personal digital devices for communicating with personal computers, personal digital devices, and mobile phones, regarding time, pace, speed, steps taken, athletic skill, calories burned, agility, motion, balance, coordination, and flexibility; computer software and computer application software for mobile phones and personal digital devices for monitoring, uploading, and downloading data regarding sport activity, fitness training, and fitness level to the internet and other computer and electronic communication networks; computer software and computer application software that detects user's movements during physical activity, fitness sessions, workouts, to provide personalized fitness scores and assessments; computer software and firmware, namely, operating system programs, database synchronization software, and data synchronization programs; computer software and firmware, namely, operating system programs, database synchronization software, and data synchronization programs; computer software development tools; computer software for accessing, browsing and searching online databases; computer software for accessing, monitoring, searching, displaying, reading, recommending, sharing, organizing, and annotating news, sports, weather, commentary, and other information, content from periodicals, blogs, and websites, and other text, data, graphics, images, audio, video, and multimedia content; computer software for controlling the operation of audio and video devices; computer software for creating, authoring, distributing, downloading, transmitting, receiving, playing, editing, extracting, encoding, decoding, displaying, storing and organizing text, data, graphics, images, audio, video, and multimedia content and electronic publications; computer software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via computer the internet and communication networks; computer software for creating, managing, and interacting with an online community; computer software for fitness and weight management; computer software for fitness, fitness assessments, and sport activities; computer software for integrating electronic data with real world environments for the purposes of entertainment, communicating, and social networking; computer software for managing information regarding tracking, compliance and motivation with a health and fitness program; computer software for modifying and enabling transmission of images, audio, audio visual and video content and data; computer software for modifying photographs, images and audio, video, and audio-visual content with photographic filters and virtual reality, mixed reality and augmented reality effects, namely, graphics, animations, text, drawings, geotags, metadata tags, hyperlinks; computer software for monitoring, processing, displaying, storing and transmitting data relating to a user's physical activity; computer software for processing images, graphics, audio, video, and text; computer software for sending and receiving electronic messages, alerts, notifications and reminders; computer software for sending and receiving electronic messages, graphics, images, audio and audio visual content via computer the internet and communication networks; computer software for sending and receiving electronic messages, alerts, notifications and reminders; computer software for sensing, monitoring, recording, displaying, measuring, and transmitting global positioning, direction, distance, altitude, speed, navigational information, weather information, temperature, physical activity level, heart rate, pulse rate, blood pressure, calories burned, steps taken, and biometric data; computer software for setting up, configuring, operating and controlling mobile devices, wearable devices, mobile phones, computers, and computer peripherals; computer software for social networking and interacting with online communities; computer software for the collection, managing, editing, organizing, modifying, transmission, sharing, and storage of data and information; computer software for the redirection of messages, Internet e-mail, and/or other data to one or more electronic wearable wireless communication devices from a data store on or associated with a personal computer or a server; computer software for tracking and managing information regarding health, fitness, and wellness programs; computer software for use as an application programming interface (API); computer software for use in creating, managing, measuring, and disseminating advertising of others; computer software for viewing digital images and photographs provided as updates for or in combination with head-mounted display screen devices; computer software for wireless content, data and information delivery; computer software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index; computer software in the field of health, fitness, exercise, and wellness for sensing, monitoring, recording, displaying, measuring, and transmitting global positioning, direction, distance, altitude, speed, navigational information, temperature, physical activity level, heart rate, pulse rate, blood pressure, calories burned, steps taken, and biometric data and for tracking and managing information regarding health, fitness, exercise, and wellness programs; computer software that detects user's movements during physical activity, fitness sessions, workouts, to provide personalized fitness scores and assessments; computer software that evaluates a user's fitness level and athleticism, and provides fitness scores; computer software that monitor, track, and compare sport activity and fitness level; computer software that provides a fitness assessment and fitness score by comparing previous athletic performances and fitness levels with future athletic performances and fitness levels, and provides advice and customized workouts for improving in specific areas of a particular sport or fitness activity; computer software that provides tips, coaching, and personalized workouts, to improve the user's fitness score; computer software to enable accessing, displaying, editing, linking, sharing and otherwise providing electronic media and information via the internet and communications networks; computer software to enable development, assessment, testing, and maintenance of mobile software applications for portable electronic communication devices, namely, mobile phones, smartphones, handheld computers and computer tablets; computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the three-dimensional rendering of graphics, still images and moving pictures provided as updates for or in combination with head-mounted display screen devices; computer software, downloadable computer software and mobile application software for creating, managing and accessing groups within virtual communities; computer software, namely, an application providing social networking functionalities; computer software, namely, an interpretive interface for facilitating interaction between humans and machines; computer software, namely, software development tools for the creation, debugging, and deployment of software applications for smart glasses, near eye displays, head mounted displays, and smartphones; software and firmware for displaying electronic media and images; downloadable computer application software for mobile phones, smartphones, computers, tablets, smart glasses, digital video eyewear, wearable digital electronic devices, namely, glasses, goggles, and headsets, head mounted displays, near eye display systems, communications networks, cloud computing services, and computer systems for communicating between the devices, networks and services; downloadable computer application software for smart glasses, near eye display systems, and head mounted displays for displaying icons, determining and responding to user selection of icons, controlling connections to and communication with other devices, networks, and systems, operating a camera to record and display images and audio visual files, organizing digital image and audio visual files, controlling microphones, controlling sound level of built-in speakers, transferring computer files between the smart glasses, near eye display systems, head mounted displays and other devices, networks, and systems, controlling user notifications, controlling a touchpad, controlling and obtaining data from sensors in the smart glasses, near eye display systems, and head mounted displays, including accelerometers, barometric, temperature, tilt, tip, and yawl sensors, head orientation sensors, and GPS receivers, controlling the speed of the CPU, and sensing and displaying the battery charge level, and displaying, capturing, recording, and streaming data, images, and audio visual content in standard reality, augmented reality, and mixed reality environments; downloadable computer application software for smart glasses, near eye display systems, and head mounted displays for the generation and display of standard reality, augmented reality, mixed reality content; downloadable computer application software for smart glasses, near eye display systems, and head mounted displays for communication with other smart glasses, near eye display systems, and head mounted displays; downloadable computer software for enabling capture, storage, and transmission of photographs, videos, data, and information with a user's biometric, health, and other performance data overlaid and integrated into the recording; downloadable computer software for finding content and content publishers, and for subscribing to content; downloadable computer software for viewing and interacting with a feed of images, audio, audio-visual and video content and associated text and data; downloadable computer software, namely, downloadable mobile application for setting up, configuring, and controlling wearable computer hardware and wearable computer peripherals; gesture recognition software; software for detecting objects, user gestures and commands; software for operating sensor devices; software to view virtual images in creating virtual, augmented and mixed reality; interactive entertainment software; location-aware computer software, downloadable computer software and mobile application software for searching, determining and sharing locations; messaging software; mixed reality software; mixed reality software for interactive entertainment; mixed reality software for navigating a mixed reality environment; mixed reality software for object tracking, motion control and content visualization; mixed reality software for operating mixed reality headsets; mixed reality software for users to experience mixed reality visualization, manipulation and immersion; mobile application software for creating personalized fitness training programs; near eye display systems comprising computer software for the generation and display of virtual reality and mixed reality content; near eye display systems comprising computer software specifically adapted for goggles; near eye display systems comprising software for the generation and display of standard reality, augmented reality, and mixed reality content; personal assistant software; social assistant software; software and firmware for controlling, configuring and managing controllers; software and firmware for displaying electronic media on display screen devices provided as updates for or in combination with head-mounted display screen devices; software and firmware for operating system programs; software and firmware for video drivers and video processing provided as updates for or in combination with head-mounted display screen devices; software and firmware for enabling electronic devices to share data and communicate with each other; software development tools; software driver programs for electronic devices for enabling computer hardware and electronic devices to communicate with each other; software for advertisers to communicate and interact with online communities; 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; software for communicating by wireless local area networks, wireless technologies, and other communication protocols between near-eye display systems and network devices, namely, mobile phones, smart phones, computers, tablets, and other computer systems; software for converting natural language into machine-executable commands; software for creating and managing social media profiles and user accounts; software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via computer and communication networks; software for creating, managing and accessing groups within virtual communities; software for creating, managing, and interacting with an online community; software for facilitating and arranging for the financing and distribution of fundraising and donations; software for generating images to be displayed in near-eye display system; software for integrating electronic data with real world environments for the purposes of entertainment, education, communicating, and social networking; software for modifying and enabling transmission of images, audio, audio visual and video content and data; software for online charitable fundraising services and financial donation services; software for ordering and/or purchasing goods and services; software for organizing, searching for and managing events; software for planning activities with other users, making recommendations; software for processing images, graphics, audio, video, and text; software for recording, storing, transmitting, receiving, displaying and analyzing data from wearable computer hardware; software for smart phones and other computer systems to generate data, images, and audio for display in near-eye display systems and for transmitting such data, images, audio to near-eye display systems; software for smart phones and other computer systems to receive data from near-eye display systems; software for social and destination mapping; software for social networking; software for streaming multimedia entertainment content; software for the collection, managing, editing, organizing, modifying, transmission, sharing, and storage of data and information; software for tracking motion in, visualizing, manipulating, viewing, and displaying augmented, mixed and virtual reality experiences; software for use as an application programming interface (API); software for use in creating and designing virtual reality, augmented reality and mixed reality software; software for wireless content, data and information delivery; software in the nature of a mobile application; software that enables individuals, groups, companies, and brands to create and maintain an online presence for marketing purposes; software and firmware for use in visual, voice, audio, motion, eye and gesture tracking and recognition; software, namely, an interpretive interface for facilitating interaction between humans and machines; video display software; virtual reality software; virtual reality software for interactive entertainment; virtual reality software for navigating a virtual reality environment; virtual reality software for object tracking, motion control and content visualization; virtual reality software for operating virtual reality headsets; virtual reality software for users to experience virtual reality visualization, manipulation and immersion; virtual, augmented, and mixed reality software for use in enabling computers, tablet computers, mobile devices, and mobile telephones to provide virtual, augmented, and mixed reality experiences; waterproof near eye display systems comprising computer software for the generation and display of virtual reality and mixed reality content IC 041. US 100 101 107. G & S: Arranging and conducting of workshops; augmented reality video production; conduct and providing access to on-line live workouts, fitness instructions and sessions; conducting fitness classes; entertainment services, namely, providing non-downloadable movies, television shows, webcasts, audiovisual, and multimedia works via the internet, as well as information, reviews, and recommendations regarding movies, television shows, webcasts, audiovisual, and multimedia works; entertainment services; entertainment services, namely, arranging and conducting of competitions for encouraging use and development of interactive entertainment, virtual reality, augmented reality, mixed reality, consumer electronics, and entertainment software and hardware; entertainment services, namely, contest and incentive award programs designed to reward program participants who exercise, participate in sports activities, engage in health-promoting activities, make achievements in exercise and sports activities, and reach personal goals regarding exercise, sports activities, and fitness; entertainment services, namely, contest and incentive award programs designed to reward program participants who exercise, make healthy eating choices, and engage in other health-promoting activities; entertainment services, namely, incentive award programs designed to reward program participants who exercise; entertainment services, namely, providing access to interactive electronic and online databases of user-defined content, third-party content, photos, video, audio, visual, and audio-visual material in the field of general interest; entertainment services, namely, providing an online forum for the dissemination of content, data, and information for entertainment and social and business networking purposes; entertainment services, namely, providing online augmented reality environments; entertainment services, namely, providing online facilities for streaming entertainment content and live streaming video of entertainment events; entertainment services, namely, providing online facilities for streaming entertainment content and live streaming video of entertainment events; entertainment services, namely, providing online mixed reality environments; mixed reality video production; multimedia production services; online journals, namely, blogs featuring commentary, advice and information in the fields of health, wellness, sleep, fitness and nutrition; online journals, namely, blogs; online journals, namely, weblogs (blogs) featuring user-defined content; organizing contest and incentive award programs for software developers; organizing exhibitions and events for entertainment purposes; organizing live exhibitions and conferences in the fields of culture, entertainment and social networking for non-business and non-commercial purposes; personal coaching services in the field of sports, exercise, health, and fitness; photosharing and video sharing services; pre-recorded athletic and fitness sessions; providing a fitness assessment and a fitness score, and a personalized workout program based on that assessment and score; providing a website featuring fitness coaching, instructions, and sessions; providing a website featuring fitness instructions and sessions; providing a website featuring information regarding fitness training, and athletic skill development; providing a website featuring information regarding fitness training, fitness coaching, fitness goals, and athletic skill development; providing a website featuring information regarding sports, athletic skill development, and fitness training; providing a website featuring pre-recorded athletic and fitness sessions; providing access to pre-recorded athletic and fitness sessions; providing computer, electronic and online databases in the field of entertainment; providing entertainment information from searchable indexes and databases of information, including text, electronic documents, databases, graphics, photographic images and audio visual information, via the internet and communication networks; providing group coaching in the field of sports, exercise, health, and fitness; providing information regarding sports, athletic skill development, and fitness training via an online website, other computer and electronic communication networks, and via computer software for personal computers, personal digital devices, and smart phones; providing of training; providing online resources for software developers; providing pre-recorded athletic challenges, training, fitness sessions and challenges, and workouts via an online website, other computer and electronic communication networks, and via computer software for personal computers, personal digital devices, and smart phones; recreation information; rental of photography and videography kiosks for capturing, uploading, editing and sharing of pictures and videos; sporting and cultural activities; virtual reality video production IC 042. US 100 101. G & S: Application service provider (ASP); application service provider (ASP) featuring application programming interface (API) software which facilitates online services for social networking, developing software applications; application service provider (ASP) featuring location-aware software for searching, determining and sharing the location of goods, services and events of interest; application service provider (ASP) featuring software for mapping services; application service provider (ASP) featuring software for social networking, managing social networking content, creating a virtual community, and transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information; application service provider (ASP) featuring software for use in buying, selling, designing, managing, tracking, valuing, optimizing, targeting, analyzing, delivery, and reporting of online advertising and marketing; application service provider (ASP) featuring software to enable or facilitate the sharing and displaying a user's location, planning activities with other users and making recommendations; application service provider (ASP) featuring software to enable or facilitate social and destination mapping; application service provider (ASP) featuring software to enable or facilitate taking and editing photographs and recording and editing videos; application service provider (ASP) featuring software to enable or facilitate the sharing and displaying a user's location, planning activities with other users and making recommendations; application service provider (ASP) featuring software to enable or facilitate social and destination mapping; application service provider (ASP) featuring software to enable or facilitate ordering and/or purchasing goods and services; application service provider (ASP) featuring software to enable or facilitate interaction and communication between humans and AI (artificial intelligence) platforms, namely, bots, virtual agents and virtual assistants; application service provider (ASP) services; application service provider (ASP) services featuring software for controlling, integrating, operating, connecting, and managing voice controlled information devices, namely, cloud-connected and voice-controlled smart consumer electronic devices and electronic personal assistant devices; application service provider (ASP) services featuring software to enable or facilitate voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, electronic message, instant message, and online social networking services; application service provider (ASP) services, namely, hosting computer software applications of others; application service provider (ASP), namely, hosting, managing, developing and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, and mobile applications; application service provider (ASP), namely, providing, hosting, managing, developing, and maintaining applications, software, websites, and databases in the fields of calculation of website ranking based on user traffic; application service provider (ASP), namely, remote hosting of computer applications of others; application service provider, namely, providing, hosting, managing, developing, and maintaining applications, software, web sites, and databases in the fields of wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; application service provider, namely, providing, hosting, managing, developing, and maintaining applications, software, websites, and databases in the fields of calculation of website ranking based on user traffic; computer consulting, computer programming; computer software consultation; computer software, application, and network consulting services; computer online services, namely, providing information, online links and electronic resources related to sports, health, and fitness; computer services in the nature of customized electronic personal and group profiles or webpages featuring user-defined or specified information, including, audio, video, images, text, content, and data; computer services in the nature of providing customized online pages featuring user-defined or specified information, personal profiles, virtual reality, mixed reality, and augmented reality content and data; computer services, namely, cloud hosting provider services; computer services, namely, creating virtual communities for registered users to organize groups and events, participate in discussions, get feedback from their peers, and engage in social, business and community networking; computer services, namely, curating online user-defined content and advertisements and creating social media feeds; computer services, namely, hosting online web facilities for others for organizing and conducting meetings, events and interactive discussions via the internet and communication networks; computer services, namely, providing information in the fields of technology via the internet; computer services, namely, providing remote management of devices via computer networks, wireless networks or the internet; computer services, namely, providing search engines for obtaining data via the internet and communications networks; creating, maintaining and hosting of a website and other computer and electronic communication networks featuring information, online links, and electronic resources in the field of sports and fitness; creating, maintaining and hosting of an interactive web site and other computer and electronic communication networks that enables users to enter, access, track progress, monitor and generate health, fitness, personal exercise, sports, and athletic activity information and achievements; creating, maintaining and hosting of an interactive web site and other computer and electronic communication networks that enables users to compete and compare athletic information and achievements with other users; data encryption services; encrypted electronic transmission and delivery of recovered data; file sharing services, namely, providing online facilities for others featuring technology enabling users to upload and download electronic files; hosting of digital content on the internet; information, advisory and consultancy services relating to voice command and recognition software, speech to text conversion software, and voice-enabled software applications, home automation, and internet-of-things software; maintenance and repair of computer software; mapping services; mobile computer and mobile communications device software consultation; 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; non-downloadable computer software for facilitating interaction and communication between humans and AI (artificial intelligence) platforms, namely, bots, virtual agents and virtual assistants; non-downloadable computer software for sharing and displaying a user's location, planning activities with other users and making recommendations; non-downloadable computer software for social and destination mapping; non-downloadable computer software for tracking fitness, health and wellness goals and statistics; non-downloadable software for creating personalized fitness training programs; non-downloadable software for creating, managing and accessing user-created and administered private groups within virtual communities; non-downloadable software for ordering and/or purchasing goods and services; non-downloadable software for processing electronic payments; non-downloadable software for providing a virtual marketplace; non-downloadable software for providing personal training services, workouts and fitness assessments; non-downloadable software for social networking, creating a virtual community, and transmission of audio, video, images, text and data; non-downloadable software for streaming multimedia entertainment content; non-downloadable software for transmitting, sharing, receiving, downloading, displaying, interacting with and transferring content, text, visual works, audio works, audiovisual works, literary works, data, files, documents and electronic works; online ad-buying platform provider, namely, providing non-downloadable software programs for allowing buyers and sellers of online advertising to purchase and sell advertising inventory; online non-downloadable cloud computing software for use in electronic storage of data; online non-downloadable cloud computing software for virtual, mixed and augmented reality applications and environments; online non-downloadable computer software for use in providing retail and ordering services for a wide variety of consumer goods; platform as a service (PAAS) featuring computer software platforms for use in purchasing and disseminating advertising; platform as a service (PAAS) featuring computer software platforms for social networking, managing social networking content, creating a virtual community, and transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information; platform as a service (PaaS) featuring computer software platforms for voice command and recognition software, speech to text conversion software, voice-enabled software applications for personal information management; platform as a service (PaaS) featuring computer software platforms for personal assistant software; platform as a service (PaaS) featuring computer software platforms for home automation and home device integration software; platform as a service (PaaS) featuring computer software platforms for wireless communication software for voice, audio, video, and data transmission; platform as a service (PAAS) featuring software platforms for social networking and transmission of images, audio-visual content, video content and messages; platform as a service (PAAS) services featuring computer software to allow users to perform electronic business and e-commerce transaction; provide an interactive web site that enables users to enter, access, track progress, monitor and generate nutrition, calories, health, fitness, personal exercise, sports, and athletic activity information and achievements; provide use of non-downloadable software to provide information regarding sports, athletic skill development, fitness coaching, and fitness training via an online website and other computer and electronic communication networks for personal computers, personal digital devices, and smart phones; providing an application programming interface (API) to allow users to perform electronic business transactions via the internet; providing an interactive web site that enables users to enter, access, track progress, monitor and generate calories, fitness, personal exercise, and athletic activity information and achievements; providing an online network service that enables users to transfer personal identity data to and share personal identity data with and among multiple online facilities; providing application programming interface (API) software for use in electronic messaging and transmission of audio, video, images, text, content and data; providing customized computer searching services, namely, searching and retrieving information at the user's specific request via the internet; providing information from searchable indexes and databases of information, including text, electronic documents, databases, graphics, electronic media, images and audio visual content via the internet and communication networks; providing information, news, and commentary in the field of science and technology, home decorating, weather, and graphic, interior, product, and fashion design; providing internet search engines; providing non-downloadable software to allow users to perform electronic business transactions via the internet and communications networks; providing online facilities featuring technology that enables online users to create personal profiles featuring social and business networking information and to transfer and share such information among multiple online facilities; providing online facilities that give users the ability to upload, modify and share audio, video, photographic images, text, graphics and data; providing online facilities featuring technology that enables online users to create personal profiles featuring social and business networking information and to transfer and share such information among multiple online facilities; providing online non-downloadable software; providing online non-downloadable software for setting up, configuring, and controlling wearable computer hardware and wearable computer peripherals; providing online sites that gives users the ability to upload, modify and share virtual reality, mixed reality and augmented reality content, information, experiences and data; providing personal assistant software; providing search platforms to allow users to request and receive photos, videos, text, data, images, and electronic works; providing search platforms to allow users to request and receive content, text, visual works, audio works, audiovisual works, literary works, data, files, documents, and electronic works; providing social assistant software; providing software for facilitating and arranging for the financing and distribution of fundraising and donations; providing software for online charitable fundraising services and financial donation services; providing technical support services, namely, troubleshooting of computer software problems regarding the usage of communications equipment; providing temporary access to non-downloadable computer software for mapping services; providing temporary use of non-downloadable computer software and hosting online facilities to enable users to access and download computer software; providing temporary use of non-downloadable computer software enabling development, assessment, testing, and maintenance of mobile software applications for portable computing devices, namely, mobile phones, smartphones, handheld computers and computer tablets; providing temporary use of non-downloadable computer software for sharing and displaying a user's location, planning activities with other users and making recommendations; providing temporary use of non-downloadable computer software for social and destination mapping; providing temporary use of non-downloadable computer software for use in taking and editing photographs and recording and editing videos; providing temporary use of non-downloadable computer software for finding content and content publishers, and for subscribing to content; providing temporary use of non-downloadable computer software for accessing, collecting, displaying, editing, linking, modifying, organizing, tagging, streaming, sharing, storing, transmitting, and otherwise providing electronic media, photographs, images, graphics, audio, videos, audio-visual content, data and information via the internet and communication networks; providing temporary use of non-downloadable computer software for use in facilitating voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, electronic message, instant message, and online social networking services; providing temporary use of non-downloadable computer software for use in taking and editing photographs and recording and editing videos; providing temporary use of non-downloadable e-commerce software to allow users to perform electronic business transactions via the internet; providing temporary use of non-downloadable location-aware computer software for searching, determining and sharing the location of goods, services and events of interest; providing temporary use of non-downloadable software applications for searching and identifying local and location-based points of interest, events, landmarks, employment opportunities, entertainment, cultural events, shopping and offers; providing temporary use of non-downloadable software applications for providing location-based weather information; providing temporary use of non-downloadable software applications for providing, linking to, or streaming news or current events information; providing temporary use of non-downloadable software for advertisers to communicate and interact with online communities; providing temporary use of non-downloadable software for creating and maintaining an online presence for individuals, groups, companies, and brands; providing temporary use of non-downloadable software for electronic messaging; providing temporary use of non-downloadable software for modifying photographs, images and audio, video, and audio-video content with photographic filters and virtual reality, mixed reality, and augmented reality effects, namely, graphics, animations, text, drawings, geotags, metadata tags, hyperlinks; providing temporary use of non-downloadable software for organizing images, video, and audio-visual content using metadata tags; providing temporary use of non-downloadable software for processing electronic payments; providing temporary use of non-downloadable software for social networking, creating a virtual community, and transmission of audio, video, images, text, content, and data; providing temporary use of non-downloadable software for taking photographs and recording audio, audio-visual and video content; providing temporary use of non-downloadable software for uploading, downloading, archiving, enabling transmission of, and sharing images, audio-visual and video content and associated text and data; providing temporary use of non-downloadable software for viewing and interacting with a feed of electronic media, namely, images, audio-visual and video content, live streaming video, commentary, advertisements, news, and internet links; providing temporary use of non-downloadable software for streaming multimedia entertainment content; providing temporary use of on-line non-downloadable mobile communications device software for enhancing mobile access to the internet via computers, mobile computers, and mobile communications devices; providing temporary use of on-line non-downloadable software and applications for accessing streaming audio and video files, social networks, text files, and multimedia files; providing temporary use of online non-downloadable software and applications for instant messaging, voice over internet protocol (VOIP), video conferencing, and audio conferencing; providing temporary use of online non-downloadable software for use in designing, managing, measuring, analyzing, disseminating, and serving advertising of others; providing user authentication services of electronic funds transfer, credit and debit card and electronic check transactions using single sign-on and software technology; providing user authentication services using single sign-on and software technology for e-commerce transactions; providing temporary use of non-downloadable software for taking photographs and recording audio, audio-visual and video content; provision of Internet search engine services; rental of computer software that gives users the ability to upload, edit, and share images, videos and audio-visual content; software as a service (SaaS) featuring computer software for accessing, browsing, and searching online databases, audio, video and multimedia content, and software applications, software application marketplaces; software as a service (SaaS) featuring computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; software as a service (SaaS) featuring computer software for connecting, operating, integrating, controlling, and managing networked consumer electronic devices, home climate devices and lighting products via wireless networks; software as a service (SaaS) featuring computer software for others to use for the development of software to manage, connect, and operate internet of things (IoT) electronic devices; software as a service (SaaS) featuring computer software for personal information management; software as a service (SaaS) featuring computer software for use to connect and control internet of things (IoT) electronic devices; software as a service (SaaS) featuring computer software for use as an application programming interface (API); software as a service (SaaS) featuring computer software used for controlling stand-alone voice controlled information and personal assistant devices; software as a service (saas) for use in designing, creating and analyzing data, metrics and reports in the areas of health, fitness, sleep, nutrition and wellness; software as a service (SAAS) services featuring software for sending and receiving electronic messages, notifications and alerts; software as a service (saas) services featuring software for use of an algorithm for calculating and generating data for sport activity, fitness training, fitness level assessments, fitness coaching, fitness recommendations and goal setting; software as a service (SAAS) services, namely, hosting software for use by others for use providing an online database featuring a wide range of general interest information via the internet; software as a service (saas) services, namely, hosting software for use by others for use of an algorithm for calculating and generating data for sport activity, fitness training, fitness level assessments, fitness coaching, fitness recommendations and goal setting; software as a service (saas) services, namely, providing a customized website and mobile portal for individuals featuring data analytics based on physiological metrics for purposes of health monitoring; software as a service (saas) that enables users to manage employee accounts, schedule and track employee participation, and facilitate and manage corporate fitness and wellness programs; software for electronic messaging; technical support services, namely, troubleshooting in the nature of diagnosing computer software problems; technical support, namely, troubleshooting of computer software problems and mobile computer and mobile communications device software problems; technological services, namely, data warehousing services IC 045. US 100 101. G & S: Identification verification services; online social networking services; personal concierge services for others comprising making requested personal arrangements and reservations and providing customer-specific information to meet individual needs; providing access to computer databases and online searchable databases in the fields of social networking; social introduction and networking services; social networking services related to sports, fitness, and coaching activities provided through a community website online and other computer and electronic communication networks; user verification services (2) DESIGN ONLY Design Search Codes: 26.01.02 - Circles, plain single line ; Plain single line circles 26.01.26 - Coils ; Spirals ; Swirls 26.05.02 - Plain single line triangles ; Triangles, plain single line 26.05.09 - Triangles made of geometric figures, objects, humans, plants or animals 26.05.15 - Four or more triangles ; Triangles - four or more 26.05.25 - Triangles with one or more curved sides Serial Number 97019740 Filing Date: September 9, 2021 Current Basis: 1B;44D Original Filing Basis: 1B;44D OWNER: (APPLICANT) Facebook Technologies, LLC LIMITED LIABILITY COMPANY DELAWARE 1601 Willow Road Menlo Park CALIFORNIA 94025