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: 86436078

Filing Date: 10/27/2014

To the Commissioner for Trademarks:

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

The applicant, GEM Intellectual Property Holdings, Inc., a corporation of Delaware, having an address of
      550 S. Tryon Street, Suite 3500
      Charlotte, North Carolina 28202
      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:  Spreadsheet software for calculating a financial index; Spreadsheet software for analyzing the performance of privately managed financial investments
Intent to Use: 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 identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 035:  Providing a financial index in the nature of a quantitative measurement for analyzing the performance of privately managed financial investments
Intent to Use: 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 identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 042:  Providing an online non-downloadable Internet-based system application featuring technology enabling users to calculate a metric of investment performance; Providing temporary use of on-line non-downloadable software for calculating a financial index
Intent to Use: 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 identified goods and/or services. (15 U.S.C. Section 1051(b)).


The applicant's current Attorney Information:
      Charles W. Forlidas and Elisabeth M. Koehnemann, Douglas T. Johnson, Stephen J. Stark of Miller & Martin PLLC

      Attn: Trademark Paralegal
      1000 Volunteer Bldg., 832 Georgia Avenue
      Chattanooga, Tennessee 37402-2289
      United States
The attorney docket/reference number is 21444-0018.

The applicant's current Correspondence Information:

Charles W. Forlidas

Miller & Martin PLLC

Attn: Trademark Paralegal       1000 Volunteer Bldg., 832 Georgia Avenue

Chattanooga, Tennessee 37402-2289

404-962-6444(phone)

404-962-6300(fax)

trademarknotices@millermartin.com;cforlidas@millermartin.com (authorized)

A fee payment in the amount of $975 has been submitted with the application, representing payment for 3 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: /Charles W. Forlidas/   Date: 10/27/2014
Signatory's Name: Charles W. Forlidas
Signatory's Position: Attorney of Record, Georgia Bar Member
RAM Sale Number: 86436078
RAM Accounting Date: 10/28/2014

Serial Number: 86436078
Internet Transmission Date: Mon Oct 27 17:29:25 EDT 2014
TEAS Stamp: USPTO/BAS-XX.XX.XX.X-2014102717292591162
6-86436078-5009a62aafc832d5aee336385616f
cd0cb85541890df5b97032291c2c70d088-DA-68
98-20141027165606751868