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: 88165971

Filing Date: 10/23/2018

To the Commissioner for Trademarks:

MARK: PERKALEAD (Standard Characters, see mark)
The literal element of the mark consists of PERKALEAD.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Wily Global Inc., a corporation of Canada, having an address of
      100-5575 North Service Road
      Burlington, Ontario L7L6M1
      Canada
      973-848-4150(phone)
      9738484001(fax)
      XXXX (not authorized)

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 009:  Computer software for contact center management; software for use in developing interactive user interfaces; e-reward cards, loyalty cards, incentive cards, coupons, bonus point cards and discount cards
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 1896784, filed 05/01/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 035:  Developing and implementing engagement and incentive programs for the goods, services and brands of third parties and the clients of advertising agencies; arranging and conducting engagement and incentive reward programs to promote the sale of the goods and services of third parties; providing engagement and incentive award programs for customers through the issuance and processing of online games, contests, giveaways, sweepstakes, competitions, engagements, reward and loyalty programs and through incentive solutions for driving new sales; administration of consumer loyalty programs, customer loyalty services and customer club services, for promotional purposes; promotion of merchandise sales and services by way of the distribution of promotions and arranging and conducting of promotional contests; Promoting the goods and services of others through the design, conduct, management and administration of promotional online games, contests, giveaways, sweepstakes, competitions and engagements; promoting the goods and services of others through the online distribution and administration of promotional games, contests, giveaways, sweepstakes, competitions and engagements via a global computer network; promoting the sale of goods and services of third parties through promotional contests and the distribution of related printed material; promotional contests and activities in and for restaurants, retail outlets, grocery stores and on websites and in social media; providing promotional information in the field of social media; providing marketing in the field of social media; promoting goods and services of others through the distribution of prizes, discount cards and coupons; providing marketing strategies and information for others; statistical evaluation services of marketing data; providing consumer product information via the Internet and in person; sampling services in the field of advertising and promoting the goods and services of third parties; digital couponing services in the field of advertising and promoting the goods and services of third parties; operation of call centers and call center support services for the advertisement and promotion of the goods and services of third parties; designing and managing for others outbound marketing campaigns and providing online reporting of such campaigns;
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 1896784, filed 05/01/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 038:  Mobile application development services in the field of advertising and promoting the goods and services of third parties;
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 1896784, filed 05/01/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 039:  Warehousing and fulfillment services
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 1896784, filed 05/01/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 041:  Providing online portals for online marketplace games, contests, giveaways, sweepstakes, competitions and incentive award programs designed to recognize, reward, encourage and engage individuals and groups to perform marketing activities, surveys and market research; marketing services; consumer market research services; promoting goods and services of others by means of word-of-mouth marketing programs; advertising and publicity services, namely, promoting goods, services, brand identity and commercial information and news of third parties through print, audio, video, digital and online media; promoting goods and services of others via computer and communication networks; dissemination of advertising for others via the Internet and in person; advertising and directory services; promoting goods and services of others by providing a website featuring links to websites of others; providing online directory of services featuring business and personal directory information; translation services;
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 1896784, filed 05/01/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 042:  Design, conduct, management and administration of promotional online games, contests, giveaways, sweepstakes, competitions and engagements; creative design services; software-as-a-service (SAAS) services, featuring software accessible by mobile phones, computers, computer tablets and the internet which assists sales, marketing, strategy and product teams to deliver market, company and topic profiles, comparisons, summary digests, insight cards and activity feeds by combining information shared by co-workers with information obtained from the internet in the fields of promotional online games, contests, giveaways, sweepstakes, competitions and engagements; Providing temporary use of non-downloadable software for use in developing interactive user interfaces; providing online non-downloadable cloud computing software for contact center management; software as a service (SAAS) featuring software for contact center management; customization and implementation of computer software for contact center management; consulting services in the field of design and customization of software for contact center management;
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 1896784, filed 05/01/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


       International Class 045:  Consulting services for legal and compliance services in the field of advertising and promoting the goods and services of third parties; providing review services in respect of standards and practices to assure compliance for promotional programs and activities.
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 1896784, filed 05/01/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.



Miscellaneous Statement
Applicant claims priority based upon its Canadian Application No. 1896784 filed 05/01/2018

The applicant's current Attorney Information:
      Frank L. Politano and Andrew Hollander;Alyssa Conn; Eric Lee of K&L Gates LLP      One Newark Center, 10th Floor
      Newark, New Jersey 07102-5285
      United States
      973-848-4150(phone)
      9738484001(fax)
      nwtrademarks@klgates.com (authorized)

The applicant's current Correspondence Information:

Frank L. Politano

K&L Gates LLP

One Newark Center, 10th Floor

Newark, New Jersey 07102-5285

973-848-4150(phone)

9738484001(fax)

nwtrademarks@klgates.com;frank.politano@klgates.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 $1925 has been submitted with the application, representing payment for 7 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: /Frank L. Politano/   Date: 10/23/2018
Signatory's Name: Frank L. Politano
Signatory's Position: Applicant's Attorney, Admitted New York and New Jersey
Payment Sale Number: 88165971
Payment Accounting Date: 10/24/2018

Serial Number: 88165971
Internet Transmission Date: Tue Oct 23 16:05:03 EDT 2018
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.X-20181023160503362
611-88165971-6105032e94dc4c0ee3953b06ba7
d881ec71b557b195fdd64edfe3ca66e85838252d
-DA-2690-20181023151955888493