Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85243561

Filing Date: 02/16/2011

To the Commissioner for Trademarks:

MARK: EATSMART (Standard Characters, see mark)
The literal element of the mark consists of EATSMART.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Quantia Communications, Inc., a corporation of Delaware, having an address of
      52 Second Avenue
      Waltham, Massachusetts 02451
      United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 009:  Downloadable software in the nature of a mobile application and desktop tool for use in the field of diet and nutrition, namely a mobile application and desktop tool that provides diet and nutrition information and computerized access to food databases for people at risk for or living with diabetes.

In International Class 009, the mark was first used at least as early as 12/13/2010, and first used in commerce at least as early as 12/13/2010, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Specimen that shows use of the mark on Internet websites that provide sufficient information to enable the user to download the software from the website.

Original PDF file:
spec-1-66251115146-145519826_._Specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


The applicant's current Attorney Information:
Timothy J. Meagher and David E. Brook, James M. Smith, John L. DuPré, Mary Lou Wakimura, Alice O. Carroll, N. Scott Pierce, Susan G. L. Glovsky, Doreen M. Hogle, David J. Thibodeau, Jr., Anne J. Collins, Deirdre E. Sanders, Brian T. Moriarty, Mark B. Solomon, Mary K. Murray, and Susan M. Abelleira of Hamilton, Brook, Smith & Reynolds, P.C.
      530 Virginia Road, P.O. Box 9133
      Concord, Massachusetts 01742-9133
      United States
The attorney docket/reference number is 4213.0011-000.

The applicant's current Correspondence Information:

Timothy J. Meagher

Hamilton, Brook, Smith & Reynolds, P.C.

530 Virginia Road, P.O. Box 9133

Concord, Massachusetts 01742-9133

(978) 341-0036(phone)

(978) 341-0136(fax)

trademarks@hbsr.com (authorized)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /William Kea/   Date Signed: 02/15/2011
Signatory's Name: William Kea
Signatory's Position: CFO



RAM Sale Number: 9123
RAM Accounting Date: 02/16/2011

Serial Number: 85243561
Internet Transmission Date: Wed Feb 16 11:43:44 EST 2011
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201102161143449
73025-85243561-480111e287bc3242b3b1a8afe
62548ba2d-DA-9123-20110215145519826977