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: 88481548

Filing Date: 06/20/2019

To the Commissioner for Trademarks:

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

The applicant, Next Pathway Inc., a corporation of Oregon, having an address of
      TD South Tower, Suite 705
      79 Wellington Street West - P.O. Box 24
      Toronto, Ontario M5K1A1
      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 009:  Computer software, namely computer software in the field of data migration and source code translation
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.

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 Canada application number 1947808, filed 02/22/2019.
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), namely the provision of non-downloadable software in the field of data migration and source code translation
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.

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 Canada application number 1947808, filed 02/22/2019.
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:
      David M. Kelly and Robert D. Litowitz, Linda K. McLeod, Lynn M. Jordan, Stephanie H. Bald, Jason M. Joyal, Kelu L. Sullivan, Clint A. Taylor, Hani Gazal, and each of the attorneys at Kelly IP, LLP of Kelly IP, LLP      1300 19th Street NW, Suite 300
      Washington, District of Columbia 20036
      United States
      202-808-3570(phone)
      202.354-5232(fax)
      docketing@kelly-ip.com (authorized)
The attorney docket/reference number is 13065.0032.

The applicant hereby appoints David M. Kelly of Kelly IP, LLP
      1300 19th Street NW, Suite 300
      Washington District of Columbia 20036
      United States
      202-808-3570(phone)
      202.354-5232(fax)
      docketing@kelly-ip.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

David M. Kelly

Kelly IP, LLP

1300 19th Street NW, Suite 300

Washington, District of Columbia 20036

202-808-3570(phone)

202.354-5232(fax)

docketing@kelly-ip.com;david.kelly@kelly-ip.com; kelu.sullivan@kelly-ip.com; andy.pittman@kelly-ip.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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Payment Sale Number: 88481548
Payment Accounting Date: 06/20/2019

Serial Number: 88481548
Internet Transmission Date: Thu Jun 20 12:40:12 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20190620124012579
014-88481548-620b6b945e5625745ae6e40a470
be5cc86f3513b4db21d25215ec735ff6e3852-CC
-13130-20190620122638941968