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: 88219899

Filing Date: 12/06/2018

To the Commissioner for Trademarks:

MARK: SAY-IT NOW (stylized and/or with design, see mark)

The literal element of the mark consists of SAY-IT NOW.
The applicant is not claiming color as a feature of the mark. The mark consists of an upper speech bubble with a triangular portion angled downward and towards the left with the wording SAY-IT in the speech bubble and a lower speech bubble with a triangular portion angled downward and towards the right with the wording NOW in the speech bubble, wherein the "O" of the word NOW has a circular element breaking up the circle of the "O" at about the one o'clock position.
The applicant, Control Bionics Holdings Pty Ltd., a corporation of Australia, having an address of
      22 Market Street, Level 3
      Sydney NSW2000
      Australia
      855-831-7521(phone)
      513-322-4678(fax)

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 application software for mobile phones, smart phones, tablet computers, portable media players and handheld computers, namely, augmentative communication (AAC) software for users who are non-verbal, have difficulty speaking, are learning language, or suffer from verbal or language disabilities; Computer application software for mobile phones, smart phones, tablet computers, portable media players and handheld computers, namely, software for use by people with physical and cognitive communication disabilities for generating synthetic speech messages; Computer application software for mobile phones, smart phones, tablet computers, portable media players and handheld computers, namely, software that enables users with disabilities to access multi-media, Internet and other applications on their mobile phones, smart phones, tablet computers, portable media players and handheld computers; Computer application software for portable computer devices, namely, software for use by speech impaired users to generate voice output to assist in communication; Computer application software for networking Internet connected devices and systems of devices; software in the nature of a mobile application that enables users with disabilities to remotely monitor, control, and receive updates and notifications from computer hardware devices.

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) A screenshot showing the product available for purchase on the App Store, a digital distribution platform, developed and maintained by Apple Inc., for mobile apps on its iOS operating system.
Specimen File1



The applicant's current Attorney Information:
      Stephen R. Jenei of Jenei LLC      8044 Montgomery Rd; Suite 700
      Cincinnati, Ohio 45236
      United States
      513-280-8865(phone)
      513-280-8867(fax)
      patents@jeneilaw.com (authorized)
The attorney docket/reference number is 1022.284US1.

The applicant hereby appoints Stephen R. Jenei of Jenei LLC
      8044 Montgomery Rd; Suite 700
      Cincinnati Ohio 45236
      United States
      513-280-8865(phone)
      513-280-8867(fax)
      patents@jeneilaw.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Stephen R. Jenei

Jenei LLC

8044 Montgomery Rd; Suite 700

Cincinnati, Ohio 45236

513-280-8865(phone)

513-280-8867(fax)

jeneilaw@blackhillsip.com;patents@jeneilaw.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: /Stephen R. Jenei/   Date: 12/06/2018
Signatory's Name: Stephen R. Jenei
Signatory's Position: Attorney of Record, Ohio bar member
Payment Sale Number: 88219899
Payment Accounting Date: 12/07/2018

Serial Number: 88219899
Internet Transmission Date: Thu Dec 06 16:11:34 EST 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2018120616113467
6997-88219899-61070dbd088cb361312d8ec815
4111acc24ab116f9afda45ada482c314342dabed
-CC-3020-20181206155808633253