TEAS Plus 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

TEAS Plus Application

Serial Number: 88105849

Filing Date: 09/05/2018

To the Commissioner for Trademarks:

MARK: SmartFill (Standard Characters, see mark)
The mark in your application is SmartFill.


The applicant, Fox Optimization, a limited liability company legally organized under the laws of Nevada, having an address of
      www.foxoptimization.com
      12580 Oak Glen Drive
      Reno, Nevada 89511
      United States
      775-842-0326(phone)
      XXXX

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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 009:  Computer software for the creation of staffing, production and vehicle routing schedules and related tools

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/26/2018, and first used in commerce at least as early as 08/26/2018, 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) Fox Optimization Software as a Service staff scheduling capability being used, in this case, for Great Basin Brewery. This webpage is where the user enters the scheduling needs for a particular week, including positions and shift times among other factors, and then clicks the "create schedule with SmartFill" button to combine these needs with staff availability and preferences, time off requests and other business objectives to create the optimized resulting schedule. This is done using a combination of math programming modeling capabilities as well as custom heuristics to literally create and evaluate millions or billions of possible schedules to find the best schedule, given the businesses priorities, in seconds where a scheduler otherwise might take five or more hours to just come up with a feasible schedule..

Original PDF file:
SPE0-71937445-20180905173823341218_._SmartFill_in_use_example.pdf
Converted PDF file(s) (1 page)
Specimen File1


For informational purposes only, applicant's website address is: www.foxoptimization.com

The applicant's current Correspondence Information:

Fox Optimization

Fox Optimization

www.foxoptimization.com       12580 Oak Glen Drive

Reno, Nevada 89511

775-842-0326(phone)

riche@foxoptimization.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or 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 Plus 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 $225 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: /Christopher Riche/   Date: 09/05/2018
Signatory's Name: Christopher Riche
Signatory's Position: Chief Executive Manager
Signatory's Phone Number: 775-842-0326
Payment Sale Number: 88105849
Payment Accounting Date: 09/06/2018

Serial Number: 88105849
Internet Transmission Date: Wed Sep 05 18:33:40 EDT 2018
TEAS Stamp: USPTO/FTK-XX.XX.XX.XX-201809051833408476
60-88105849-61045fabdc6a66cf07c69c7e342b
7a0537a9f8d7423861963f6837429421812e6f-C
C-5512-20180905173823341218