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: 88319924

Filing Date: 02/28/2019

To the Commissioner for Trademarks:

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

The literal element of the mark consists of DS.
The mark consists of the letters DS in stylized form.
The applicant, Destiny Solutions Inc., a corporation of Canada, having an address of
      40 Holly Street, Suite 800
      Toronto, Ontario M4S3C3
      Canada

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 042:  Computer services, namely, designing and implementing learner lifecycle management software for higher education institutions providing continuing education programs and serving non-traditional students; computer technology support services, namely, help desk services

In International Class 042, 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 05/00/2011, and first used in commerce at least as early as 05/00/2011, 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) screenshot of customer project management portal bearing the mark and showing the mark used in rendering the identified services (with confidential information redacted).

Original PDF file:
SPE0-20887234202-20190227152208584004_._DS_Logo_-_Specimen__Cl._42__Redacted.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 041:  Educational services, namely, providing seminars, workshops, presentations, and online, non-downloadable videos on continuing education programs and non-traditional student learning

In International Class 041, 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 05/00/2011, and first used in commerce at least as early as 05/00/2011, 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) printout of webpage bearing the mark and showing the mark used in rendering the identified services.

Original PDF file:
SPE0-20887234202-20190227152208584004_._DS_Logo_-_Specimen__Cl._41_.pdf
Converted PDF file(s) (8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8



The applicant's current Attorney Information:
      Angela R. Gott and Kerry A. Barrett, Robert P. Ducatman, Timothy P. Fraelich, Allison L. Haugen, Carrie L. Kiedrowski, Allison J. Terry, and Meredith M. Wilkes of Jones Day
      North Point
      901 Lakeside Avenue
      Cleveland, Ohio 44114-1190
      United States
      216-586-7149(phone)
      216-579-0212(fax)
      agott@jonesday.com (authorized)
The attorney docket/reference number is 560255062005.

The applicant's current Correspondence Information:

Angela R. Gott

Jones Day

North Point       901 Lakeside Avenue

Cleveland, Ohio 44114-1190

216-586-7149(phone)

216-579-0212(fax)

agott@jonesday.com;pcyngier@jonesday.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 $550 has been submitted with the application, representing payment for 2 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: /Peter DeVries/   Date: 02/28/2019
Signatory's Name: Peter DeVries
Signatory's Position: President & Chief Operating Officer
Payment Sale Number: 88319924
Payment Accounting Date: 02/28/2019

Serial Number: 88319924
Internet Transmission Date: Thu Feb 28 11:52:08 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-201902281152086
40254-88319924-6207519adb2ad3baf7feece92
57daff94e5bad02eef4cc1b7c1b252657db4037a
-DA-14094-20190227152208584004