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: 88582463

Filing Date: 08/16/2019

To the Commissioner for Trademarks:

MARK: Outsmart (Standard Characters, see mark)
The literal element of the mark consists of Outsmart. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Visier Solutions Inc., a corporation of Canada, having an address of
      #400 - 858 Beatty Street
      Vancouver V6B1C1
      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 for use with arranging, organizing, and conducting business conferences, seminars, and programs regarding business analytics applications and business planning applications

In International Class 009, 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 04/04/2019, and first used in commerce at least as early as 04/04/2019, 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 an email showing the mark used in commerce on or in connection with the identified goods; screenshots of webpages showing the mark used in commerce on or in connection with the identified goods; screenshot of Play Store listing for a mobile phone downloadable application showing the mark used in commerce on or in connection with the identified goods; screenshots of the downloadable application during execution showing the mark used in commerce on or in connection with the identified goods.

Original PDF file:
SPE0-12515218-20190815181142587603_._Specimen_1.pdf
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SPE0-12515218-20190815181142587603_._Specimen_2.pdf
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Original PDF file:
SPE0-12515218-20190815181142587603_._Specimen_3.pdf
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SPE0-12515218-20190815181142587603_._Specimen_4.pdf
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International Class 035:  Arranging, organizing, and conducting business conferences, seminars, and programs (events) regarding business analytics applications and business planning applications, including the provision of promotional and informational e-mails, web advertisements, website registration, printed materials, and signage at the events

In International Class 035, 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 12/20/2016, and first used in commerce at least as early as 12/20/2016, 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 an email showing the mark used in commerce in connection with the identified services; screenshots of webpages showing the mark used in commerce in connection with the identified services; screenshot of Play Store listing for a mobile phone downloadable application showing the mark used in commerce in connection with the identified services; screenshots of the downloadable application during execution showing the mark used in commerce in connection with the identified services.

Original PDF file:
SPE0-1-12515218-20190815181142587603_._Specimen_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-12515218-20190815181142587603_._Specimen_2.pdf
Converted PDF file(s) (17 pages)
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Original PDF file:
SPE0-1-12515218-20190815181142587603_._Specimen_3.pdf
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SPE0-1-12515218-20190815181142587603_._Specimen_4.pdf
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International Class 041:  Arranging, organizing, and conducting educational conferences, seminars, and programs (events), including the provision of promotional and informational e-mails, web advertisements, website registration, printed materials, and signage at the events; providing executable applications and websites with information regarding business conferences, seminars, and programs regarding business analytics applications and business planning applications

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 12/20/2016, and first used in commerce at least as early as 12/20/2016, 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 an email showing the mark used in commerce in connection with the identified services; screenshots of webpages showing the mark used in commerce in connection with the identified services; screenshot of Play Store listing for a mobile phone downloadable application showing the mark used in commerce in connection with the identified services; screenshots of the downloadable application during execution showing the mark used in commerce in connection with the identified services.

Original PDF file:
SPE0-2-12515218-20190815181142587603_._Specimen_1.pdf
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Specimen File1
Original PDF file:
SPE0-2-12515218-20190815181142587603_._Specimen_2.pdf
Converted PDF file(s) (17 pages)
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Original PDF file:
SPE0-2-12515218-20190815181142587603_._Specimen_3.pdf
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SPE0-2-12515218-20190815181142587603_._Specimen_4.pdf
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International Class 042:  Software as a service (SAAS) services featuring software for the arranging, organizing, and conducting of business conferences, seminars, and programs regarding business analytics applications and business planning applications

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 04/04/2019, and first used in commerce at least as early as 04/04/2019, 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 an email showing the mark used in commerce in connection with the identified SAAS services; screenshots of webpages showing the mark used in commerce in connection with the identified SAAS services; screenshot of Play Store listing for the software showing the mark used in commerce in connection with the identified SAAS services; screenshots of the software during execution showing the mark used in commerce in connection with the identified SAAS services.

Original PDF file:
SPE0-3-12515218-20190815181142587603_._Specimen_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-3-12515218-20190815181142587603_._Specimen_2.pdf
Converted PDF file(s) (17 pages)
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Original PDF file:
SPE0-3-12515218-20190815181142587603_._Specimen_3.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-3-12515218-20190815181142587603_._Specimen_4.pdf
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The applicant hereby appoints Aakash S. Parekh. Aakash S. Parekh of Toler Law Group, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      8500 Bluffstone Cove, Suite A201
      Austin, Texas 78759
      United States
      512-327-5515(phone)
      512-327-5575(fax)
      DocketingGroup@tlgiplaw.com (authorized).
The attorney docket/reference number is 0118-0007TM.
Aakash S. Parekh 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:

Aakash S. Parekh

Toler Law Group, PC

8500 Bluffstone Cove, Suite A201

Austin, Texas 78759

512-327-5515(phone)

512-327-5575(fax)

DocketingGroup@tlgiplaw.com; aparekh@tlgiplaw.com; dwade@tlgiplaw.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 $1100 has been submitted with the application, representing payment for 4 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: /Aakash S. Parekh/   Date: 08/16/2019
Signatory's Name: Aakash S. Parekh
Signatory's Position: Attorney of Record, Texas bar member
Payment Sale Number: 88582463
Payment Accounting Date: 08/16/2019

Serial Number: 88582463
Internet Transmission Date: Fri Aug 16 18:37:30 EDT 2019
TEAS Stamp: USPTO/BAS-XX.X.XXX.XX-201908161837304880
56-88582463-610fdb48ce5fe18fa7580f6b164c
65f42efdfc9c9cab54b8b527ba3ca92c5f68e1-D
A-37303765-20190815181142587603