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: 88570234

Filing Date: 08/07/2019

To the Commissioner for Trademarks:

MARK: lyst (stylized and/or with design, see mark)
The literal element of the mark consists of lyst. The applicant is not claiming color as a feature of the mark. The mark consists of the word LYST in a stylized font situated above a line.
The applicant, Lyst Ltd, a limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      21 Mincing Lane
      Floor 7, The Minster Building
      London EC3R7AG
      United Kingdom
      +00-(phone)

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 003:  Non-medicated soaps, body wash and shower gels; essential oils; non-medicated cosmetics; non-medicated hair lotions; non-medicated dentifrices and toothpaste; sun-tanning milks, gels and oils; after-sun preparations; creams, milks, gels, lotions and powders for the hair, nails and skin; cosmetics; make-up preparations and make-up removers; non-medicated moisturisers for the hair, nails and skin; skin conditioning cream for cosmetic purposes; non-medicated body soaks and body rubs; sun screen; preparations for the protection of the body from the sun; non-medicated preparations for the hair, shampoo, hair conditioner, hair mousse, hair balms, styling gel; anti-perspirants and deodorants for personal use; non-medicated preparations for hairdressing and hair care; hair lacquers; hair-colouring and hair-decolourising preparations; permanent wave and curling preparations; hairsprays; non-medicated preparations for use in the bath or shower; bath and shower oils, gels, creams and foams; facial and body masks; face and body scrubs; facial washes; skin cleansers and moisturisers; skin toners; skin moisturizers; non-medicated blemish creams and gels for use in acne treatment; nail polish; lipstick; eyeliner; make-up and make-up preparations; preparations for use before shaving and after shaving; shaving soaps; shaving creams; shaving gels; talcum powders; hair straightening preparations.
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 United Kingdom application number UK00003391914, filed 04/12/2019.
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 009:  Apparatus for recording, transmission or reproduction of sound, vision, or images; data processing equipment and computers; computer software (including software downloadable from the Internet); computer programs; computer software development tools; computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, managing, sharing or otherwise providing electronic media or information via computer and communication networks; data processing equipment, data processing computers; data processing software database management software; computer software; applications for use on computers, mobile phones, smartphones and other mobile devices; social media and/or social networking applications; applications and software for allowing data collection, data retrieval, data manipulation and sharing of data with others electronically; data synchronisation programs, and application development tool programs for personal and handheld computers; computer software for authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organising text, graphics, images, and electronic publications; electronic publications; publications in electronic form, supplied on-line from databases or from facilities on the Internet; downloadable electronic publications; software for creating indexes of information, indexes of web sites, and indexes of other information resources; software for mobile phones, smartphones and other mobile devices for detecting a user's location and displaying relevant local information of general interest; software for mobile phones, smartphones and other mobile devices that allows the user to search the phone or device's content for information, contacts, applications and sales items; software for mobile phones, smartphones and other mobile devices that allows the user to search the Internet for information of general interest; encoded prepaid payment cards; electronic and magnetic cards for use in connection with payment for goods and services; loyalty cards; parts and fitting all for the aforesaid goods.
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 United Kingdom application number UK00003391914, filed 04/12/2019.
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:  Advertising services; marketing services; promotion services; business management and information services; office functions; business research services; market research services; consumer market information services; dissemination of advertising for others via the Internet; the bringing together, for the benefit of others, of a variety of communications and telecommunications apparatus, instruments and software, enabling customers to conveniently view and purchase those goods, including such services provided on-line from a computer database, the Internet or other electronic network; the bringing together, for the benefit of others, of a variety of services in the field of entertainment, fashion, information services, fashion design services, lifestyle (health) information services, life coaching services, health, beauty and fitness information, music, sports, news, current affairs reporting and information services, technology information services; on-line retail store services in relation to consumer goods of others namely clothing, footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear; online retail store bringing together for the benefit of others, of a variety of goods, namely, clothing and footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear, enabling customers to conveniently purchase those goods from an Internet website or by means of telecommunications or by means of a global network or by mail order catalogue or from a retail store; advertising and promoting the goods and services of others via a global computer network; promoting the goods and services of others by providing a website featuring coupons, offers, rebates, reward cards, consumer reviews, links to the retail websites of others, online catalogues featuring a wide variety of consumer goods of others, comparison shopping, and discount information; providing commercial assistance to advertisers in creating, managing, and organising online advertising and online product listings; provision of advertising space through computer networks and websites; distribution of advertising material and dissemination of advertising messages; providing a searchable online advertising guide featuring the goods of third party sellers; business information services; electronic shopping retail services connected with clothing and footwear, cosmetics, jewellery, fashion accessories, leather goods, luggage, bags and eyewear; provision of advertising space for sellers and buyers to advertise, market and solicit goods and conclude sales transactions; providing evaluative feedback and ratings of sellers' goods, the value and price of sellers' goods, buyers' and sellers' performance, delivery, and overall experience in connection therewith; customer loyalty services and customer club services for commercial, promotional and advertising purposes; promoting the goods and services of others; auctioning; auctioneering services; assistance with purchasing goods and services, for others; searching for data in computer files, for others; demonstration of goods; distribution of samples; commercial information agency services; import and export agencies; assistance with the procurement of goods and services, for others; compilation and systemisation of data into computer databases; online advertising on the Internet and other global computer network systems; market analysis; marketing research; presentation of goods on communication media, for retail purposes; rental of publicity material; rental of advertising space; renting out of advertising time in communication media; computerised online ordering of consumer goods; provision of information relating to online shopping for fashion goods; providing product reviews and product information; organisation of fashion shows for commercial purposes; arranging and conducting of exhibitions for business purposes; administration of loyalty programmes involving discounts or incentives; loyalty card services; organisation, operation and supervision of sales and promotional incentive schemes; Internet services namely creating indexes of information, sites and other resources available on a global computer network for others; compilation of directories, including business and commercial directories, for publication on computer databases, the Internet or other electronic networks; searching, browsing and retrieving information, sites and other resources available on global computer networks for others; organising content of information provided over a global computer network according to user preference; database and data processing services; data retrieval services; data processing services; data management services; collection of data; business data analysis; business strategy and planning services; economic forecasting, marketing, market research, market analysis and survey services; compilation of statistical information; provision of trade information; dissemination of advertising for others via wireless network, telecommunication apparatus or devices or a global computer network; compilation of information into computer databases; compilation of statistics; cost price analysis; price comparison services; providing an on-line commercial information directory; compilation and systemisation of information into computer databases and online searchable databases; electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales products; publicity and sales promotion relating to goods and services, offered and ordered by telecommunications; advice, consultancy and information services for all the aforesaid services.
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 United Kingdom application number UK00003391914, filed 04/12/2019.
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 036:  Issuing loyalty and gift cards; provision and arranging of payment protection insurance; financial management of customers' accounts; charitable fundraising services; financial services; insurance services; financial transaction processing services; financial transaction processing services namely clearing and reconciling financial transactions via a global computer network; bill payment services; advice, consultancy and information services for all the aforesaid services.
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 United Kingdom application number UK00003391914, filed 04/12/2019.
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 038:  Telecommunication services; telecommunications via multinational telecommunication networks; data transmission and reception services via telecommunication means; electronic exchange of voice, data, and graphics accessible via computer and telecommunication networks; electronic transmission of information and data; providing multiple-user access to a global computer information network; operating web-blogs; providing on-line forums, interactive bulletin boards and interactive communication services; providing online bulletin boards for transmission of messages among users in the field of general interest, fashion, health and lifestyle; transmission of information, messages, text, data, multimedia content, videos and images by electronic means; online facilities for hosting, sharing, organising and conducting online meetings, gatherings, forums, chatrooms, journals, blogs and interactive discussions; organising and providing online community forums for users to post, search, watch, share, critique, rate and comment on goods and services; electronic transmission of data and information; provision of online shopping and fashion consultancy portals; electronic mail services; workgroup communications services over computer networks; instant messaging services; voice over ip services; communications by computer terminals; wireless broadband communication services; mobile phone communication services; providing a website that gives computer users the ability to transmit, cache, receive, download, stream, broadcast, display, format, transfer and share content, text, visual works, audio works, audiovisual works, literary works, data, files, documents and electronic works; providing a searchable online evaluation database for buyers and sellers; providing an internet website portal featuring fashion, lifestyles and general entertainment;advice, consultancy and information services for all the aforesaid services.
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 United Kingdom application number UK00003391914, filed 04/12/2019.
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:  Computer consultancy services; hosting of digital content on the Internet; provision of search engines for the Internet; provision of search engines for the Internet focused on fashion and lifestyle; computer services in the nature of customised web pages featuring user defined information, personal profiles, and information; providing on-line non-downloadable software; providing on-line non-downloadable software for use in database management, creating and maintaining websites, blogs and forums; providing on-line non-downloadable software for granting and controlling access to documents and data; providing on-line computer mapping services; mapping services, namely, providing a website and website links to geographic information, map images; providing online non-downloadable software for tracking, managing, and optimising advertising and promotional campaigns, and calculating return on investment in connection with same; providing online non-downloadable software for tracking website traffic, e-commerce activity, customer loyalty, and sales conversion rates; providing online non-downloadable software for optimising website navigation; providing online non-downloadable software for managing, collecting, monitoring and analysing web, blog and other online site traffic, user preferences and links in real time; cloud hosting of electronic databases; application service provider (ASP) featuring software for use in database management; platform as a service (PAAS) featuring computer software platforms for use in database management; software as a service (SAAS) services featuring software for use in database management; computer services, namely, providing database servers of variable capacity to others; technical support services; technical support services namely troubleshooting of problems of software; technical support and consulting services related to all of the foregoing; software design and development services for others; design and development of computer hardware and software; electronic storage of digital media; electronic storage of digital media namely, data, documents, text, photographs, images, music, graphics, audio, video, and multimedia content; computer consultation services; advice, consultancy and information services for all the aforesaid services.
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 United Kingdom application number UK00003391914, filed 04/12/2019.
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 045:  Online social networking services; providing information regarding, and in the nature of, social networking services; online social networking services designed for people with a common desire to meet other people with similar interests; providing on-line computer databases and on-line searchable databases in the field of social networking; copyright management; provision of information relating to personal online shopping and personal fashion; consultancy services relating to personal fashion and shopping, provided both online and/or in person; e-mail authentication services; e-mail authentication services namely, providing an online service that allows users to sign on to multiple third party websites using a single user name and password; information relating the trends in fashion and lifestyles; online social networking services; online social networking services accessible by means of downloadable mobile applications; social introduction agencies; personal introduction services; personal concierge services for others; concierge services making requested personal arrangements and reservations and providing customer-specific information to meet individual needs; social networking services; providing information, news, and commentary in the field of fashion, health, well-being and lifestyles; advise, consultation and information services relating to the aforesaid services.
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 United Kingdom application number UK00003391914, filed 04/12/2019.
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 hereby appoints Mark S. Leonardo. Other appointed attorneys are Robert J. Tosti, Adam M. Schoen, Thomas C. Meyers, Zachary D. Hyde, Benjamin D. Maggin, Daniel A. Palmer, Matthew P. York, Annie J. Kock, Michael Vongaramvilai and Christina M. Segro.. Mark S. Leonardo of Brown Rudnick LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      One Financial Center
      Boston, Massachusetts 02111
      United States
      617-856-8145(phone)
      617-289-0504(fax)
      ip@brownrudnick.com (authorized).
The attorney docket/reference number is 32055/43.
Mark S. Leonardo submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).

The applicant's current Correspondence Information:

Mark S. Leonardo

Brown Rudnick LLP

One Financial Center

Boston, Massachusetts 02111

617-856-8145(phone)

617-289-0504(fax)

ip@brownrudnick.com; mleonardo@brownrudnick.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $1925 has been submitted with the application, representing payment for 7 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: /Mark S. Leonardo/   Date: 08/07/2019
Signatory's Name: Mark S. Leonardo
Signatory's Position: Attorney of Record, MA bar member
Payment Sale Number: 88570234
Payment Accounting Date: 08/07/2019

Serial Number: 88570234
Internet Transmission Date: Wed Aug 07 16:43:09 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20190807164309545
184-88570234-610b23c45b7e594f3d9676a7fc2
b4316dd032663c3ea034c5d1fa72b9ddfbc4d8-D
A-43090168-20190807162334850608