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: 88467035

Filing Date: 06/10/2019

To the Commissioner for Trademarks:

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

The applicant, Essential Products, Inc., a corporation of Delaware, having an address of
      Legal Department
      380 Portage Avenue
      Palo Alto, California 94306
      United States
      legal-notices@essential.com

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:  mobile phones; smart phones; replacement parts for mobile phones and smart phones; cases for mobile phones; battery chargers for use with mobile phones; earphones and headphones; Wireless communication device featuring voice, data and image transmission including voice, text and picture messaging, a video and still image camera, also functional to purchase music, games, video and software applications over the air for downloading to the device; downloadable computer application software for mobile phones, namely, software for games or third party users' communications, calendars, social media, storage of audio, visual, or audiovisual content; Downloadable computer operating programs and computer operating system for mobile phones; downloadable computer application software for mobile phones, namely, software for voice recognition, speech to text conversion, and voice command control; Downloadable computer software for controlling, managing, monitoring, and scheduling contacts, events, alerts, digital footprints, projects, notes, and activities
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.

       International Class 038:  telecommunication access services; Telecommunication services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; telecommunications services, namely, transmission of data and information by electronic means; Broadcast communication services, namely, transmitting e-mails, text messages and telephone voice messages to designated recipients for others; broadcasting services, namely, broadcasting of data, audio, visual, and audiovisual material between computers, mobile phones, and smart phones, and not via cable, satellite, Internet Protocol television (IPTV) transmission or fiber optic networks; provision of telecommunications connections to computer databases and the internet; Provision of telecommunications connections to electronic communications networks, for transmission or reception of audio, video or multimedia content; Providing multiple user wireless access to the internet or user access to a global computer network to enable users to access audio and video content, data and information provided by means of wired or wireless broadcast, digital broadcast or electronic transmission; Providing third party users with wireless access to telecommunication infrastructure to enable users to access audio and video content, data and information provided by means of wired or wireless broadcast, digital broadcast or electronic transmission; Electronic transmission of e-mail; Electronic transmission of messages and data; Delivery of messages by electronic transmission, excluding interactive delivery of text messages online between emergency telecommunications personnel and wireless subscribers
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.

The applicant's current Correspondence Information:

Essential Products, Inc.

Essential Products, Inc.

Legal Department       380 Portage Avenue

Palo Alto, California 94306

legal-notices@essential.com;legal@essential.com (authorized)

A fee payment in the amount of $800 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: /Angela Chien/   Date: 06/10/2019
Signatory's Name: Angela Chien
Signatory's Position: Assistant Secretary
Payment Sale Number: 88467035
Payment Accounting Date: 06/11/2019

Serial Number: 88467035
Internet Transmission Date: Mon Jun 10 18:22:10 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190610182210
043520-88467035-62020c0108c8259507bb3efb
7c269f038f7ce52b41134e9e7ce3e6063bc3d4a5
b6b-CC-5489-20190610181921039470