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: 88463077

Filing Date: 06/06/2019

To the Commissioner for Trademarks:

MARK: OMETRIA (Standard Characters, see mark)
The literal element of the mark consists of OMETRIA.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Ometria Ltd., a corporation of United Kingdom, having an address of
      3.01, The Tea Building,
      56 Shoreditch High Street,
      London E16JJ
      United Kingdom

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, namely, downloadable software and software for providing retailers with the ability to view transactional, behavioral and profile data about their customers, to send personalized digital marketing messages, and to report on the results of those messages, all in the fields of market and behavioral research and market and business intelligence; Computer software, namely, downloadable software and software for creating, using, organizing, editing, storing, sharing, accessing, uploading, downloading, tagging, transmitting, sharing and analyzing images, photos, data, audio, video and multimedia files in the fields of market and behavioral research and market and business intelligence; Computer software, namely, downloadable software and software for capturing, measuring, monitoring, analyzing and sharing demographic, lifestyle, consumer purchasing decision, and online behavioral data

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018073498, filed 05/28/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 035:  Market research; Advertising services; Marketing services; Business consultancy services; Providing business marketing information; Business advice and commercial information; Business research; Marketing and advertising services, namely, creating digital marketing experiences based on individual customer behavior, buying habits, tastes and profiles and other qualitative and quantitative data for the promotion of retail goods through personalized digital marketing messages and the personalization of websites; Brand concept and brand development services for corporate and individual clients; On-line customer-based social media brand marketing services; Providing marketing consulting in the field of social media; Business data analysis services in the fields of market and behavioral research and market and business intelligence; Providing information, news and commentary in the fields of business and marketing; Provision of marketing reports and social media campaign reports

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018073498, filed 05/28/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 042:  Software as a Service (SaaS) featuring software for sending personalized digital marketing messages, namely, emails, push notifications, mobile app notifications and SMS text messages, on demand or through triggered automation; Providing on-line non-downloadable computer software that integrates with retailers' e-commerce platforms to provide the retailer a single view of its customers from digital marketing events, website interaction events, retailer data, AI trained models and dynamic segment systems; Providing on-line non-downloadable computer software that integrates with retailers' e-commerce platforms to facilitate the marketing of retail goods through personalized digital marketing messages and the personalization of websites; designing, maintaining and updating computer software; designing, maintaining and updating application integration software; website design consultancy

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018073498, filed 05/28/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      Ryan S. Hilbert and James R. Menker; Gabrielle A. Holley of Holley & Menker, P.A.      PO BOX 331937
      ATLANTIC BEACH, Florida 32233
      United States
      rhilbert@holleymenker.com (authorized)
The attorney docket/reference number is 3964.0001.

The applicant's current Correspondence Information:

Ryan S. Hilbert

Holley & Menker, P.A.

PO BOX 331937

ATLANTIC BEACH, Florida 32233

rhilbert@holleymenker.com;eastdocket@holleymenker.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 $825 has been submitted with the application, representing payment for 3 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: /Ryan S. Hilbert/   Date: 06/06/2019
Signatory's Name: Ryan S. Hilbert
Signatory's Position: Attorney of Record, California bar member
Payment Sale Number: 88463077
Payment Accounting Date: 06/07/2019

Serial Number: 88463077
Internet Transmission Date: Thu Jun 06 17:52:33 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201906061752331
49280-88463077-6201a3b7a793ffe4d81fb7406
56987625a7b05128e1f63dea2c5b7a37789683b9
-CC-4911-20190606173900677752