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: BETTERWORKS (Stylized and/or with Design, see http://uspto.report/TM/88012007/mark.png)
SERIAL NUMBER: 88012007



The applicant, Betterworks Systems, Inc., having an address of
      999 Main Street, 2nd Floor
      Redwood City, California 94063
      United States
is submitting the following allegation of use information:

For International Class 042:
Current identification: Application service provider (ASP) featuring business software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring business software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in tracking work place meetings and work place communications; Cloud computing featuring software for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Platform as a service (PAAS) featuring computer software platforms for use in facilitating, implementing, and tracking work place communications and work place meetings; Platform as a service (PAAS) featuring computer software platforms for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software for use in goal setting, uploading, posting, downloading, viewing and assessing information related to work place meetings and work place communications; Software as a service (SAAS) services featuring software for use in ensuring that specific work-place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for collecting, processing, and presenting data gathered from everyday workplace activities across a company; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for providing insights and information on workplace productivity; providing computer software consulting services regarding use of software as a service (SaaS) programing to develop, align, and execute on enterprise visions and goals and to increase overall company performance

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 08/00/2018, and first used in commerce at least as early as 08/00/2018, 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 of applicant's website showing the applicable mark in use with the listed services.

Original PDF file:
SPN0-9765103130-20191211171133447872_._27A8646.PDF
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-9765103130-20191211171133447872_._27A8643.PDF
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Rhett V. Barney. Rhett V. Barney of LEE & HAYES, PLLC, is located at

      601 WEST RIVERSIDE AVENUE, SUITE 1400
      SPOKANE, Washington 99201
      United States
The docket/reference number is B133-0032TMU.

The phone number is 509-944-4642.

The fax number is 509-323-8979.

The email address is trademarks@leehayes.com

The applicants proposed attorney information: Rhett V. Barney. Other appointed attorneys are Daniel M. Wadkins, J. Christopher Lynch, David A. Divine, Robert A. Madayag III, Elizabeth L. Zinke, George H. Brunt, Andrew L. Eisenberg, Joshua T. Grandinetti and Ethan B. Vodde. Rhett V. Barney of LEE & HAYES, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      601 WEST RIVERSIDE AVENUE, SUITE 1400
      SPOKANE, Washington 99201
      United States
The docket/reference number is B133-0032TMU.

The phone number is 509-944-4642.

The fax number is 509-323-8979.

The email address is trademarks@leehayes.com

Rhett V. Barney submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: RHETT V. BARNEY. RHETT V. BARNEY of LEE & HAYES, PLLC, is located at

      601 WEST RIVERSIDE AVENUE, SUITE 1400
      SPOKANE, Washington 99201
      United States
The docket/reference number is B133-0032TMU.

The phone number is 509-944-4642.

The fax number is 509-323-8979.

The email address is trademarks@leehayes.com

The applicants proposed correspondence information: RHETT V. BARNEY. RHETT V. BARNEY of LEE & HAYES, PC, is located at

      601 WEST RIVERSIDE AVENUE, SUITE 1400
      SPOKANE, Washington 99201
      United States
The docket/reference number is B133-0032TMU.

The phone number is 509-944-4642.

The fax number is 509-323-8979.

The email address is trademarks@leehayes.com; rhettb@leehayes.com; karig@leehayes.com

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


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: /Rhett Barney/      Date Signed: 12/11/2019
Signatory's Name: Rhett V. Barney
Signatory's Position: Attorney of Record; Washington State Bar Member
Signatory's Phone: 509-944-4642

Mailing Address:
   LEE & HAYES, PC
   
   601 WEST RIVERSIDE AVENUE, SUITE 1400
   SPOKANE, Washington 99201

RAM Sale Number: 88012007
RAM Accounting Date: 12/11/2019

Serial Number: 88012007
Internet Transmission Date: Wed Dec 11 17:30:36 EST 2019
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XXX-2019121117303686
3610-88012007-70017d5161034ad927d3c974d7
f8ce5908d53cb6ff9ff9ccf24879e4b4fa492a-C
C-30355773-20191211171133447872