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)

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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 12/31/2020)

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

To the Commissioner for Trademarks:
MARK: POSTCLICK(Standard Characters, see http://uspto.report/TM/88048838/mark.png)
SERIAL NUMBER: 88048838



The applicant, Instapage, Inc., having an address of
      118 King Street, Suite 450
      San Francisco, California 94107
      United States
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 009:
Current identification: Computer software, namely, software for use in the field of advertising and marketing, digital advertising and marketing, and for providing demand creation and lead generation; software for use by advertising personnel and agencies to design, deploy, test, and personalize online advertising and marketing materials; software for use by advertising personnel and agencies to design, deploy, test, and personalize website landing pages

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 04/05/2019, and first used in commerce at least as early as 04/05/2019, 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) information from applicant's website showing offering of software.

Original PDF file:
SPN0-10422524467-20190815135026909886_._POSTCLICK_Specimen_Final.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


For International Class 035:
Current identification: Advertising and marketing; business marketing consulting services; digital advertising services; marketing services; providing demand creation and lead generation activities and services; business marketing services

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 04/05/2019, and first used in commerce at least as early as 04/05/2019, 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) information from applicant's website showing offering of services.

Original PDF file:
SPN1-1-10422524467-20190815135026909886_._POSTCLICK_Specimen_Final.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. MISCELLANEOUS STATEMENTS
As discussed on the August 26, 2019 telephone call between Applicant's counsel and the Examining Attorney, Applicant hereby amends the identification for International Class 009 as shown below, to specify that the software is non-downloadable and, accordingly, reclassify those goods as services in International Class 042. Applicant requests that the Examining Attorney enter the following change as an Examiner's Amendment: Class 42: Providing temporary use of online, non-downloadable computer software, namely, software for use in the field of advertising and marketing, digital advertising and marketing, and for providing demand creation and lead generation; Providing temporary use of online, non-downloadable software for use by advertising personnel and agencies to design, deploy, test, and personalize online advertising and marketing materials; Providing temporary use of online, non-downloadable software for use by advertising personnel and agencies to design, deploy, test, and personalize website landing pages.


The applicant's current attorney information: Connie L. Ellerbach, Esq.. Connie L. Ellerbach, Esq. of FENWICK & WEST LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041-1990
      United States
The docket/reference number is 35035-00070.

The phone number is 650-988-8500.

The fax number is (650) 938-5200.

The email address is trademarks@fenwick.com

The applicants proposed attorney information: Connie L. Ellerbach, Esq.. Other appointed attorneys are all other attorneys of Fenwick & West LLP. Connie L. Ellerbach, Esq. of FENWICK & WEST LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041-1990
      United States
The docket/reference number is 35035-00070.

The phone number is 650-988-8500.

The fax number is 650 938-5200.

The email address is trademarks@fenwick.com

Connie L. Ellerbach, Esq. 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: CONNIE L. ELLERBACH, ESQ.. CONNIE L. ELLERBACH, ESQ. of FENWICK & WEST LLP, is located at

      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041-1990
      United States
The docket/reference number is 35035-00070.

The phone number is 650-988-8500.

The fax number is (650) 938-5200.

The email address is trademarks@fenwick.com

The applicants proposed correspondence information: CONNIE L. ELLERBACH, ESQ.. CONNIE L. ELLERBACH, ESQ. of FENWICK & WEST LLP, is located at

      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041-1990
      United States
The docket/reference number is 35035-00070.

The phone number is 650-988-8500.

The fax number is 650 938-5200.

The email address is trademarks@fenwick.com; chowell@fenwick.com

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


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: /Tyson Quick/      Date Signed: 09/04/2019
Signatory's Name: Tyson Quick
Signatory's Position: CEO
Signatory's Phone: 4155687023

Mailing Address:
   FENWICK & WEST LLP
   
   801 CALIFORNIA STREET
   MOUNTAIN VIEW, California 94041-1990

RAM Sale Number: 88048838
RAM Accounting Date: 09/05/2019

Serial Number: 88048838
Internet Transmission Date: Thu Sep 05 06:39:04 EDT 2019
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-201909050639046
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519d718cffbc1726f7ddbcad5cca174f5be75992
-DA-39047768-20190830121559325757