TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 87702152

Filing Date: 11/29/2017

To the Commissioner for Trademarks:

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

The literal element of the mark consists of BENCHMARK.
The applicant is not claiming color as a feature of the mark. The mark consists of seven diagonal lines to the left of the word "BENCHMARK".
The applicant, Benchmark Internet Group, LLC, a limited liability company legally organized under the laws of California, having an address of
      10621 Calle Lee, Building 141
      Los Alamitos, California 90720
      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 042:  Providing temporary use of online, non-downloadable software for measuring marketing demographics via electronic mail, and for managing contact lists that are permission-based

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/31/2017, and first used in commerce at least as early as 05/31/2017, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshot of webpage where service is provided.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4193655.

The applicant's current Attorney Information:
      Howard J. Klein and Tejinder Singh; Daniel M. Cavanagh; Tom H. Dao; Glen L. Nuttall of Klein, O'Neill & Singh, LLP      16755 Von Karman Avenue, Suite 275
      Irvine, California 92606
      United States
      949-955-1920(phone)
      949-955-1921(fax)
      hjklein@koslaw.com (authorized)
The attorney docket/reference number is 1641-001.701.

The applicant's current Correspondence Information:

Howard J. Klein

Klein, O'Neill & Singh, LLP

16755 Von Karman Avenue, Suite 275

Irvine, California 92606

949-955-1920(phone)

949-955-1921(fax)

hjklein@koslaw.com;TM_docket@koslaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /CurtKeller/   Date: 11/29/2017
Signatory's Name: Curt Keller
Signatory's Position: CEO
Payment Sale Number: 87702152
Payment Accounting Date: 11/30/2017

Serial Number: 87702152
Internet Transmission Date: Wed Nov 29 20:07:27 EST 2017
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2017112920072727
1690-87702152-510eb59e99efcf39712a384f26
a2ac967bf888ce7e97ac6e57d357fd2b45dcc3-C
C-6812-20171129164214961805