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: 85341159

Filing Date: 06/08/2011

To the Commissioner for Trademarks:

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

The applicant, WP Technologies Inc., a corporation of Canada, having an address of
      10 Mumberson Court
      Markham, ON L6C1Y4
      Canada
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:  Software for publishing, distributing, transmitting, transferring, receiving, downloading, displaying, previewing, viewing, sharing, rating, tagging, discussing, commenting on, chatting about, and fanning user generated content, content, text, visual works, audio works, audiovisual works, literary works, data files, documents and electronic works via portable electronic devices, electronic devices and computers; downloadable literary works, audio works, visual works, audiovisual works and electronic publications including user generated content on a variety of topics; software for providing writing contests.

In International Class 009, the mark was first used at least as early as 05/01/2007, and first used in commerce at least as early as 05/01/2007, 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) first specimen is copy of webpage from which "WATTPAD" software is downloaded; second specimen is copy of webpage bearing trademark showing sources of "WATTPAD" software.

Original PDF file:
spec-216183176123-145546617_._WATTPAD__1_CL_9.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
spec-216183176123-145546617_._WATTPAD__2_CL_9___42.pdf
Converted PDF file(s) (1 page)
Specimen File1

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Canada application number 1529435, filed 05/27/2011. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 042:  Providing a website that gives users of computers, electronic devices or portable electronic devices the ability to publish, distribute, transmit, transfer, receive, download, display, preview, view, share, rate, tag, discuss, comment on, chat about, and become a fan of user generated content, content, text, visual works, audio works, audiovisual works, literary works, data files, documents and electronic works via portable electronic devices, electronic devices and computers; advertising, advertisement, promotion and marketing services for others by providing electronic media, electronic works or information over the Internet or other communications network; writing contests.

In International Class 042, the mark was first used at least as early as 05/01/2007, and first used in commerce at least as early as 05/01/2007, 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) first specimen is copy of website page bearing trademark second specimen is copy of another website page bearing trademark.

Original PDF file:
spec-216183176123-145546617_._WATTPAD__1_42.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
spec-1-216183176123-145546617_._WATTPAD__2_CL_9___42.pdf
Converted PDF file(s) (1 page)
Specimen File1

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Canada application number 1529435, filed 05/27/2011. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
John R. Hlavka of TAROLLI, SUNDHEIM, COVELL & TUMMINO LLP

      Suite 1700
      1300 East Ninth Street
      Cleveland, Ohio 44114
      United States
The attorney docket/reference number is INN-191084 US PRI.

The applicant's current Correspondence Information:

John R. Hlavka

TAROLLI, SUNDHEIM, COVELL & TUMMINO LLP

Suite 1700       1300 East Ninth Street

Cleveland, Ohio 44114

216-621-2234(phone)

216-621-4072(fax)

A fee payment in the amount of $650 has been submitted with the application, representing payment for 2 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: /John R. Hlavka/   Date Signed: 06/08/2011
Signatory's Name: John R. Hlavka
Signatory's Position: Attorney of Record, Ohio bar member



RAM Sale Number: 1699
RAM Accounting Date: 06/09/2011

Serial Number: 85341159
Internet Transmission Date: Wed Jun 08 15:16:18 EDT 2011
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20110608151618
957636-85341159-480bcff3b8d145170637b172
c7172133fbf-CC-1699-20110608145546617778