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: 88181529

Filing Date: 11/05/2018

To the Commissioner for Trademarks:

MARK: EXCEDE (stylized and/or with design, see mark)

The literal element of the mark consists of EXCEDE.
The color(s) gray and green is/are claimed as a feature of the mark. The mark consists of the word excede in stylized lettering. All of the lettering is gray, except for the letter x, which is green.
The applicant, Procede Software, L.P., a limited partnership legally organized under the laws of California, comprising of Km Ventures, LLC, A California LLC, having an address of
      6815 Flanders Drive, Suite 200
      San Diego, California 92121
      United States

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 automobile and truck dealership management, namely, integrated accounting of vehicle sales, parts and service departments, inventory management for vehicles, parts and service labor, processing vehicle sales and purchase orders, processing retail and wholesale parts sales and purchases, process retail and internal service repair orders, managing employee time entries for payroll, managing databases for current and prospective customers, and managing databases for employee payroll and human resource information

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 07/18/2018, and first used in commerce at least as early as 07/18/2018, 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) login screen from the computer software.
Specimen File1



The applicant's current Attorney Information:
      Lisa M. Martens of Sheppard Mullin Richter & Hampton LLP      12275 El Camino Real, Suite 200
      San Diego, California 92130-2006
      United States
      858-720-8900(phone)
      858-509-3691(fax)
      dmtmdocketing@sheppardmullin.com (authorized)
The attorney docket/reference number is 29TV-288207.

The applicant's current Correspondence Information:

Lisa M. Martens

Sheppard Mullin Richter & Hampton LLP

12275 El Camino Real, Suite 200

San Diego, California 92130-2006

858-720-8900(phone)

858-509-3691(fax)

dmtmdocketing@sheppardmullin.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 $275 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: /Larry Kettler/   Date: 11/02/2018
Signatory's Name: Larry Kettler
Signatory's Position: CEO
Payment Sale Number: 88181529
Payment Accounting Date: 11/05/2018

Serial Number: 88181529
Internet Transmission Date: Mon Nov 05 12:59:14 EST 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201811051259141
10474-88181529-6103adccbbfbed11394af9833
aa24ec7d1e2f209ff8417af0725b198ff031a057
aa-DA-12277-20181029173609655357