Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86319176

Filing Date: 06/24/2014

To the Commissioner for Trademarks:

MARK: 39 works (stylized and/or with design, see mark)

The literal element of the mark consists of 39 works.
The color(s) blue, yellow, green, pink, red, white and black is/are claimed as a feature of the mark. The mark consists of the numeral 39 in black over "works" in black stylized print on a white background surrounded by a roughly square border of adjoining 4-sided geometric shapes and triangles in blue, yellow, green, pink, and red.
The applicant, NTT DOCOMO Ventures, Inc., a corporation of Japan, having an address of
      12-32 Akasaka 1-Chome
      Minato-ku, Tokyo
      Japan


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:  Computer software applications, downloadable; computer game software; electronic publications

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 Japan application number 2014-051666, filed 06/20/2014. 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 an Internet website portal in the field of computer programs and software for mobile phones, smartphones and PDAs; providing a web site browsing and accessing computer programs and software for mobile phones, smartphones and PDAs; providing temporary use of non-downloadable computer software for mobile phones, smartphones and PDAs; software as a service (SaaS); computer software consultancy; computer programming; testing, authentication and quality control in the field of information technology; consumer product safety testing and consultation in the field of information technology; design and development of information and communications technology; information technology consultancy.

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 Japan application number 2014-051666, filed 06/20/2014. 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:
      David Ehrlich of Fross Zelnick Lehrman & Zissu, P.C.
      866 United Nations Plaza
      New York, New York 10017
      United States
The attorney docket/reference number is NTDV 1404998.

The applicant hereby appoints Fross Zelnick Lehrman & Zissu, P.C. of Fross Zelnick Lehrman & Zissu, P.C.
      866 United Nations Plaza
      New York New York 10017
      United States
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

David Ehrlich

Fross Zelnick Lehrman & Zissu, P.C.

866 United Nations Plaza

New York, New York 10017

212 813 5920(phone)

A fee payment in the amount of $650 has been submitted with the application, representing payment for 2 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like 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 registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: Not Provided    Date: Not Provided
Signatory's Name: Nobuyuki Akimoto
Signatory's Position: Executive Vice President and COO
RAM Sale Number: 86319176
RAM Accounting Date: 06/25/2014

Serial Number: 86319176
Internet Transmission Date: Tue Jun 24 16:59:17 EDT 2014
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20140624165917806
249-86319176-50068a2762be6eaa7c2ba55fd89
4ee7c3c55253381c2489a9af1ad2e93e5faf-DA-
4066-20140624165337607619