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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 87942743

Filing Date: 05/31/2018

To the Commissioner for Trademarks:

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

The literal element of the mark consists of LV.
The mark consists of two check marks, one on top of the other, followed by the letters, LV.
The applicant, YARDSTICK SOFTWARE INC., a Corporation formed in Alberta legally organized under the laws of Canada, having an address of
      10177 - 104 Street
      Edmonton, Alberta T5J0Z9
      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 042:  providing online educational testing services in the nature of proctoring of examinations and verification of attendance in training programs; Providing temporary use of online non-downloadable software to verify a candidate's identity when attending a course and when taking an exam, and to determine whether the candidate has an acceptable level of attendance; software as a service (SAAS) services featuring software for verifying a candidate's identity and attendance when taking an online course or online exam, for determining whether the candidate has an acceptable level of attendance, for delivering the questions and monitoring the testing, for issuing digital certificates on successful completion of courses and exams, and for storing the data; providing temporary use of online non-downloadable computer based software for administering tests online, and storing the test results; software as a service (SAAS) services featuring software for administering courses and exams for others, storing the examination results, and issuing digital certificates on successful completion of courses and exams
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1877565, filed 01/15/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The applicant's current Attorney Information:
      Kimberly I. Shimomura and Katherine A. Markert, Brian B. Shaw, Rebecca D. Areaux, Rowland Richards, Jon O. Webster of Harter Secrest & Emery LLP      1600 Bausch & Lomb Place
      Rochester, New York 14604
      United States
      585-231-1382(phone)
      585-232-2152(fax)
      kshimomura@hselaw.com (authorized)
The attorney docket/reference number is 88382.000132.

The applicant's current Correspondence Information:

Kimberly I. Shimomura

Harter Secrest & Emery LLP

1600 Bausch & Lomb Place

Rochester, New York 14604

585-231-1382(phone)

585-232-2152(fax)

kshimomura@hselaw.com;trademark@hselaw.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: /Kimberly I. Shimomura/   Date: 05/31/2018
Signatory's Name: Kimberly I. Shimomura
Signatory's Position: Attorney of Record, New York bar member
Payment Sale Number: 87942743
Payment Accounting Date: 05/31/2018

Serial Number: 87942743
Internet Transmission Date: Thu May 31 11:36:07 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2018053111360713
5906-87942743-610da5d8594be11854e27c8b8e
23143d639b87496b722f648cbb5d6dfb35dd5-DA
-11420-20180531083053178316