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 12/31/2020)

---

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 12/31/2020)

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

To the Commissioner for Trademarks:
MARK: CANVA (Stylized and/or with Design, see mark)
SERIAL NUMBER: 87756699


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Canva Pty Ltd, having an address of
      268 Devonshire St
      Surry Hills NSW, 2010,
      Australia
Proposed: Canva Pty Ltd, having an address of
      268 Devonshire St
      Surry Hills NSW, 2010
      Australia
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Downloadable application software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data in the nature of electric, electronic, digital or computer data; application software for creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; computer aided design programs; computer programs for use in computer-aided design; computer programs in the field of design analysis; computer programs relating to computer aided design; computer systems comprised of computer software designed for project management; data processing programmes for archiving in computer aided design; data processing programmes for editing in computer aided design; downloadable computer programs for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet and downloadable recorded software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet; Computer programs, recorded, for creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; downloadable computer programs for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet; computer programs for office use in the nature of creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; computer programs for positioning of text; computer programs for printers; computer programs for printing; computer programs for processing data; computer programs for processing information; computer programs for producing computer graphics; computer programs for project management; computer programs for promotional purposes in the nature of programs that allow users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data that are used in advertising and promotions; computer programs for providing a graphical presentation of data; computer programs for sales purposes in the nature of programs that allow users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data that are used in the sale of goods and services; computer programs for use as searching directories; computer programs for use by airlines in the nature of programs that allow airlines to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use by tour operators in the nature of programs that allow tour operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use by travel agencies in the nature of programs that allow travel operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use by travel organizations in the nature of programs that allow travel operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use in database management; computer programs for use in desk top publishing; computer programs for use in developing computer programs; computer programs for promotional purposes, namely, for use in creating advertisements; computer programs for providing a graphical presentation of data; computer software for use in the electronic storage of data

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 10/15/2014, and first used in commerce at least as early as 10/15/2014, 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) Screenshots from a mobile device of iTunes App Store showing the mark and where applicant's software can be downloaded.
Specimen File1


For International Class 040:
Current identification: image processing services, namely, photographic image processing, printing of images on banners, fabric, 3-dimensional structures, film, canvas, posters, paper, cardboard, promotional merchandise, apparel and corporate gifts, and printing of photographic images from digital media; printing services; digital photo and image printing services; customized printing of images, graphics, text, company names and logos on the goods of others, namely, on banners, fabric, 3-dimensional structures, film, canvas, posters, paper, cardboard, promotional merchandise, apparel and corporate gifts

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: digital imaging services

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


For International Class 042:
Current identification: Hosting a web site that gives users the ability to upload images, graphics, fonts, photographs, text, videos and data; computer services, namely, hosting an interactive website featuring technology that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; file sharing services, namely, providing a website featuring technology enabling users to upload and download electronic files; application service provider (ASP) services featuring software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; application service provider (ASP) services featuring software that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; graphic design services; graphic illustration services for others provided online; providing temporary use of non-downloadable software applications for the transmission of images, graphics, fonts, photographs, text, videos and data; commercial design services creating and designing web pages for others; design of printed material and matter, namely, providing graphic design, graphic art design and computer aided graphic design services for printed materials and matter for personal use, and for the purpose of promoting the sale of goods and services of others; web site design; providing temporary use of a web-based software application for creating, downloading, uploading, designing, modifying, reproducing, transmitting, discovering and sharing images, graphics, fonts, photographs, text, videos and data; design services relating to printing

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 01/04/2012, and first used in commerce at least as early as 01/04/2012, 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) screenshot of applicant's webpage showing the mark as it appears with web-based software.

Original PDF file:
SPN3-839136204-2020052213 2730879895_._CANVA_IC42.pdf
Converted PDF file(s) (1 page)
Specimen File1


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: 009, 042
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: 040, 041
Correspondence Information (current):
      Karen A. Webb
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fenwick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 31854-00072.
Correspondence Information (proposed):
      Karen A. Webb
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fenwick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lwilliams@fenwick.com

The docket/reference number is 31854-00072.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use 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.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	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.
	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.

Signature: /Kirk Simmons/      Date Signed: 06/01/2020
Signatory's Name: Kirk Simmons
Signatory's Position: Head of Legal
Signatory's Phone: +61 (02) 81034110

Request to Divide Signature


Signature: /kaw/    Date: 06/01/2020
Signatory's Name: Karen Webb
Signatory's Position: Attorney of record, California Bar member


RAM Sale Number: 87756699
RAM Accounting Date: 06/01/2020

Serial Number: 87756699
Internet Transmission Date: Mon Jun 01 16:55:33 ET 2020
TEAS Stamp: USPTO/SOU-X.XX.XXX.XXX-20200601165533218
504-87756699-7102ddcb49c2d509a1b807082a6
ccfc905a543fb4e481f93b3b5e71e5344243f6a-
DA-55326535-20200526141116904842