Statement of Use

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 10/31/2017)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: PEAK(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86133657/large)
SERIAL NUMBER: 86133657
An Extension of Time form is being filed with the Allegation of Use.



The applicant, K12 Inc., having an address of
      2300 Corporate Park Drive
      Herndon, Virginia 20171
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Software tool that enables school administrators and teachers to manage student enrollment, monitor student progress, and develop and customize online courses, lessons and exams

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 041:
Current identification: Educational services, namely, providing online courses of instruction at the primary and secondary education levels and distributing course materials in connection therewith

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/00/2014, and first used in commerce at least as early as 02/00/2014, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) advertising brochure describing Applicant's educational services; screenshot displaying online courses of instruction.

Original PDF file:
SPN1-505910510-20160524135216826790_._PEAK_brochure_2014_single_41__1_.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPN1-505910510-20160524135216826790_._PEAK_41__2_.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 042:
Current identification: Providing temporary use of on-line non-downloadable software tool that enables school administrators and teachers to manage student enrollment, monitor student progress, and develop, customize, and deliver online courses, lessons and exams

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/00/2014, and first used in commerce at least as early as 02/00/2014, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) advertising brochure describing Applicant's online platform; screenshots from online platform.

Original PDF file:
SPN2-505910510-20160524135216826790_._PEAK_brochure_2014_single_42_1_.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPN2-505910510-20160524135216826790_._PEAK2_42__2_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: 41; 42
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: 9

A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


Declaration

STATEMENTS: The signatory believes that: if the applicant is filing the amendment to allege use under 15 U.S.C. §1051(c) or a statement of use under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; the mark is in use in commerce; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified; for a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified; for a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares 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: /s/ Christopher R. Ryan      Date Signed: 05/25/2016
Signatory's Name: Christopher R. Ryan
Signatory's Position: Deputy General Counsel & Senior Vice President
Signatory's Phone: 2028427800

Request to Divide Signature


Signature: /Mary J. Klumpp/    Date: 05/25/2016
Signatory's Name: Mary J. Klumpp
Signatory's Position: Attorney of record, District of Columbia bar member

Signatory's Phone: 202-728-7031


RAM Sale Number: 86133657
RAM Accounting Date: 05/26/2016

Serial Number: 86133657
Internet Transmission Date: Thu May 26 09:49:00 EDT 2016
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XX-20160526094900699
378-86133657-55055812c5f040e44e95cde396d
0df5325e894948ba6629cad3d67641389c41-DA-
12233-20160524135216826790