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: 88253782

Filing Date: 01/08/2019

To the Commissioner for Trademarks:

MARK: ACT STACK (stylized color) (stylized and/or with design, see mark)

The literal element of the mark consists of ACT STACK (stylized color).
The color(s) blue and red is/are claimed as a feature of the mark. The mark consists of a stylized capital letter "A" in blue with red bar, followed by the capital letters "C" and "T" in blue followed by the word "Stack" in red.
The applicant, ACT, Inc., a corporation of Iowa, having an address of
      500 ACT Drive
      Iowa City, Iowa 52243-0168
      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 035:  A platform which enables employers to deliver workforce assessments to current and prospective employees; preparation of methods and materials for identifying specific skills and specific content and level of knowledge required for probable success in specific fields of employment; evaluation of specific fields of employment for others to identify specific skills and specific content and level of knowledge required for probable success in such specific fields of employment, educational testing and consulting services related thereto in the field of job placement and job-related skills; providing an on-line computer database in the fields of vocational testing to determine skills for employment, and workforce development programs; providing databases featuring job profiles and requirements; computerized database management and compilation of information into computerized databases; providing information in the fields of vocational testing for employment, and workforce development programs; advisory and consultancy services relating to vocational testing for employment, and workforce development programs; providing a website featuring information in the field of vocational testing for employment and workforce development programs; preparation of methods and materials for identifying specific skills and specific content and level of knowledge required for probable success in specific fields of employment; evaluation of specific fields of employment for others to identify specific skills and specific content and level of knowledge required for probable success in such specific fields of employment, educational testing and consulting services related thereto in the field of job placement and job-related skills.
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2888069, 4517656, 3128324, and others.

The applicant's current Attorney Information:
      Michelle D. Kahn of Sheppard Mullin Ritcher & Hampton LLP      Four Embarcadero Center, 17th Floor
      San Francisco, California 94111-4109
      United States
      mkahn@sheppardmullin.com (authorized)
The attorney docket/reference number is 52PK-.

The applicant's current Correspondence Information:

Michelle D. Kahn

Sheppard Mullin Ritcher & Hampton LLP

Four Embarcadero Center, 17th Floor

San Francisco, California 94111-4109

mkahn@sheppardmullin.com;sftmdocket@sheppardmullin.com; rlozoya@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: /MDK/   Date: 01/08/2019
Signatory's Name: Michelle D. Kahn
Signatory's Position: Attorney of Record, CA Bar Member
Payment Sale Number: 88253782
Payment Accounting Date: 01/09/2019

Serial Number: 88253782
Internet Transmission Date: Tue Jan 08 15:12:32 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201901081512321
75748-88253782-6204ca8972da38723748642d8
b0248d648c24e031aa6f77ff44d9197f1949905a
a9-DA-1569-20190108145316271485