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:  (Stylized and/or with Design, see mark)
SERIAL NUMBER: 88232048


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: ExamSoft Worldwide, Inc., having an address of
      Suite 700
      5001 LBJ Freeway
      Dallas, Texas 75244
      United States
      Phone: 469-640-0794
      Email: XXXX
Proposed: ExamSoft Worldwide, Inc., having an address of
      Suite 700
      5001 LBJ Freeway
      Dallas, Texas 75244
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Educational assessment software, namely, software to assess and track student performance and generate performance reports

All ITU goods/services in this class are to be deleted


For International Class 042:
Current identification: Providing cloud-based educational assessment software, namely, designing, updating, and maintaining software to assess and track student performance and generate performance reports; hosting computer software applications for others to assess and track student performance and generate performance reports

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 08/01/2019, and first used in commerce at least as early as 08/01/2019, 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) screenshot from Applicant's website.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Jeffrey M. Becker
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@haynesboone.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Jeffrey M. Becker
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@haynesboone.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 56712.19.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


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: /JamesW Harrison/      Date Signed: 04/30/2020
Signatory's Name: James W. Harrison
Signatory's Position: General Counsel
Signatory's Phone: 214-651-5066

RAM Sale Number: 88232048
RAM Accounting Date: 04/30/2020

Serial Number: 88232048
Internet Transmission Date: Thu Apr 30 15:49:05 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XX.XX.X-202004301549058893
77-88232048-710d091df7d3ec05d4afcf6c4df4
25d17ab818d86f8e5d4b144edca2e48b9fa52-CC
-49041293-20200430144420443551