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: 88594410

Filing Date: 08/27/2019

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) red and green is/are claimed as a feature of the mark. The mark consists of an apple in the shape of a heart. The apple is in the color red with two green leaves on top.
The applicant, BARNES & NOBLE BOOKSELLERS, INC., a corporation of Delaware, having an address of
      122 Fifth Avenue
      New York, New York 10011
      United States

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:  Downloadable computer software, downloadable computer applications, and downloadable electronic publications in the nature of digital files, PDF files, e-books, electronic documents, digital audio files, digital video files, digital animation files, podcast files, multimedia files, worksheets, hand-outs, assignments, journals, activity books, quizzes, tests, study guides, teacher lesson plans, and eCourses featuring educational instruction and information on a variety of elementary, middle-school, high school, and college-level educational subjects and topics, namely, reading, literature, Shakespeare, Math, Algebra, Calculus, Trigonometry, Geometry, Chemistry, Organic Chemistry, Biology, Microbiology, Physics, Astronomy, Computer Science, Geology, History, Psychology, Philosophy, Economics, Film, Health, Art History, Language, Foreign languages, English, English as a second language, Sign Language, Spanish, French, Italian, German, Hebrew, Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music, Marketing, Macroeconomics, Accounting, Mythology, Women's Studies, Sociology, and standardized educational proficiency examination preparation; downloadable electronic publications, namely, series of fiction and non-fiction books on a variety of topics; fiction and non-fiction children's books, toddler books, beginner reader books, young-reader books, teen books, and books featuring Christmas, Easter, Jewish, Muslim and other religious holiday stories; picture books; downloadable educational publications, namely, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, manuals, and educational booklets in the fields of reading, writing, language, mathematics, history and science
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 016:  Publications, namely, educational publications for beginning readers, non-fiction books, reference books, dictionaries, worksheets, hand-outs, assignments, journals, activity books, printed quizzes, printed tests, study guides, teacher lesson plans, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, teacher manuals, and educational booklets featuring instruction and information on a variety of elementary, middle-school, high school, and college-level educational subjects and topics; series of fiction and non-fiction books on a variety of topics; blank paper journals and sketchbooks; fiction and non-fiction children's books, toddler books, beginner reader books, young-reader books, teen books, and books featuring Christmas, Easter, Jewish, Muslim and other religious holiday stories; picture books; educational publications, namely, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, manuals, and educational booklets in the fields of reading, writing, language, mathematics, history and science; school supplies, namely, erasers, binders, presentation folders, notepads, writing paper pads, blank paper, ruled paper, loose-leaf paper, blank notebooks, markers, paper staplers, paper staple removers, stationery, calendars, desktop organizers, rubber stamps and ink pads, binder and paper clips, dispensers for adhesive tape for stationery or household purposes, pen and pencil holders, stationery cases and holders and file trays for desk accessories, book covers, book ends, book holders, book marks, book plates, paper weights for books, paper weights, push pins, paper clips, sketchbooks, scratch pads, address books, and dry erase writing boards; educational activity kits sold as a unit comprised of children's arts and crafts paper kits, pens, pencils, paint brushes, erasers, markers, stickers, printed activity sheets, toys, books, workbooks, paper stationery pads, printed photos, printed puzzles, temporary tattoo transfers, and coloring books; children's activity kits, namely, hobby craft kits comprised of drawing paper; arts and craft paint kits; canvas for painting; craft and activity kits for children, namely, arts and craft paint kits; craft and activity kits for children for painting and decorating wooden objects, consisting primarily of paint and paint brushes, and also containing wooden objects to be painted; paint brushes educational activity kits comprised of activity cards, books, teacher's guides, digital content in the nature of prerecorded educational videos for learning and temporary use of non-downloadable interactive educational computer application software for learning, and supporting manipulative teaching materials for educational activities in the fields of science, technology, engineering, and mathematics; educational activity kits comprised of activity cards, books, teacher's guides, digital content in the nature of prerecorded educational videos for learning and temporary use of non-downloadable interactive educational computer application software for learning, and supporting manipulative teaching materials for educational activities in the fields of science, technology, engineering, and mathematics; educational and multimedia activity kits comprising of flash cards, workbooks, jigsaw puzzles, bulletin boards, posters, art paper, construction paper, arts and crafts paint kits, pen cases, drawing rulers, bookmarks, book plates, book covers, note pads, desk pads, stencils, file folders, rubber stamps, paper bags, art prints; color prints; lithographic prints; photographic prints; decorative stickers; stationery, namely, writing paper, note cards, post cards, diaries, pens, pencils, pencil cases, paper stationery portfolios, binders, notebooks; calendars; photographs; decals and stickers; educational activity kits comprising, school supplies, namely, erasers, binders, presentation folders, notepads, writing paper pads, blank paper, ruled paper, loose-leaf paper, blank notebooks, markers, paper staplers, paper staple removers, stationery, calendars, desktop organizers, rubber stamps and ink pads, binder and paper clips, dispensers for adhesive tape for stationery or household purposes, pen and pencil holders, stationery cases and holders and file trays for desk accessories, book covers, book ends, book holders, book marks, book plates, paper weights for books, paper weights, push pins, paper clips, sketchbooks, scratch pads, address books, and dry erase writing boards
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 035:  Retail and online retail bookstore services featuring downloadable electronic publications in the nature of digital files, PDF files, e-books, electronic documents, digital audio files, digital video files, digital animation files, podcast files, multimedia files, worksheets, hand-outs, assignments, journals, activity books, quizzes, tests, study guides, teacher lesson plans, and eCourses featuring educational instruction and information on a variety of elementary, middle-school, high school, and college-level educational subjects and topics, namely, reading, literature, Shakespeare, Math, Algebra, Calculus, Trigonometry, Geometry, Chemistry, Organic Chemistry, Biology, Microbiology, Physics, Astronomy, Computer Science, Geology, History, Psychology, Philosophy, Economics, Film, Health, Art History, Language, Foreign languages, English, English as a second language, Sign Language, Spanish, French, Italian, German, Hebrew, Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music, Marketing, Macroeconomics, Accounting, Mythology, Women's Studies, Sociology, and standardized educational proficiency examination preparation; Publications, namely, educational publications for beginning readers, non-fiction books, reference books, dictionaries, worksheets, hand-outs, assignments, journals, activity books, printed quizzes, printed tests, study guides, teacher lesson plans, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, teacher manuals, and educational booklets featuring instruction and information on a variety of elementary, middle-school, high school, and college-level educational subjects and topics; retail and online retail bookstore services featuring a series of fiction and non-fiction books on a variety of topics; blank paper journals and sketchbooks; fiction and non-fiction children's books, toddler books, beginner reader books, young-reader books, teen books, and books featuring Christmas, Easter, Jewish, Muslim and other religious holiday stories; picture books; educational publications, namely, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, manuals, and educational booklets in the fields of reading, writing, language, mathematics, history and science; retail and online retail bookstore services featuring school supplies, namely, erasers, binders, presentation folders, notepads, writing paper pads, blank paper, ruled paper, loose-leaf paper, blank notebooks, markers, paper staplers, paper staple removers, stationery, calendars, desktop organizers, rubber stamps and ink pads, binder and paper clips, dispensers for adhesive tape for stationery or household purposes, pen and pencil holders, stationery cases and holders and file trays for desk accessories, book covers, book ends, book holders, book marks, book plates, paper weights for books, paper weights, push pins, paper clips, sketchbooks, scratch pads, address books, and dry erase writing boards; retail and online retail bookstore services featuring educational activity kits sold as a unit comprised of children's arts and crafts paper kits, pens, pencils, paint brushes, erasers, markers, stickers, printed activity sheets, toys, books, workbooks, paper stationery pads, printed photos, printed puzzles, temporary tattoo transfers, and coloring books; children's activity kits, namely, hobby craft kits comprised of drawing paper; arts and craft paint kits; canvas for painting; craft and activity kits for children, namely, arts and craft paint kits; craft and activity kits for children for painting and decorating wooden objects, consisting primarily of paint and paint brushes, and also containing wooden objects to be painted; paint brushes educational activity kits comprised of activity cards, books, teacher's guides, digital content in the nature of prerecorded educational videos for learning and temporary use of non-downloadable interactive educational computer application software for learning, and supporting manipulative teaching materials for educational activities in the fields of science, technology, engineering, and mathematics; educational activity kits comprised of activity cards, books, teacher's guides, digital content in the nature of prerecorded educational videos for learning and temporary use of non-downloadable interactive educational computer application software for learning, and supporting manipulative teaching materials for educational activities in the fields of science, technology, engineering, and mathematics; educational and multimedia activity kits comprising of flash cards, workbooks, jigsaw puzzles, bulletin boards, posters, art paper, construction paper, arts and crafts paint kits, pen cases, drawing rulers, bookmarks, book plates, book covers, note pads, desk pads, stencils, file folders, rubber stamps, paper bags, art prints; color prints; lithographic prints; photographic prints; decorative stickers; stationery, namely, writing paper, note cards, post cards, diaries, pens, pencils, pencil cases, paper stationery portfolios, binders, notebooks; calendars; photographs; decals and stickers; educational activity kits comprising, school supplies, namely, erasers, binders, presentation folders, notepads, writing paper pads, blank paper, ruled paper, loose-leaf paper, blank notebooks, markers, paper staplers, paper staple removers, stationery, calendars, desktop organizers, rubber stamps and ink pads, binder and paper clips, dispensers for adhesive tape for stationery or household purposes, pen and pencil holders, stationery cases and holders and file trays for desk accessories, book covers, book ends, book holders, book marks, book plates, paper weights for books, paper weights, push pins, paper clips, sketchbooks, scratch pads, address books, and dry erase writing boards
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 041:  Educational publishing services; educational services, namely, providing online instruction and information via a web site on a variety of elementary, middle-school, high school, and college-level educational subjects and topics
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 042:  Software as a Service (SaaS) services, namely, pre-paid subscription and non-downloadable online instruction and information via a web site and pre-paid subscription services featuring worksheets, hand-outs, assignments, journals, activity books, quizzes, tests, and study guides on a variety of elementary, middle-school, high school, and college-level educational subjects and topics; non-downloadable computer software and computer applications in the nature of digital files, PDF files, e-books, electronic documents, digital audio files, digital video files, digital animation files, podcast files, multimedia files, worksheets, hand-outs, assignments, journals, activity books, quizzes, tests, study guides, teacher lesson plans, and eCourses featuring educational instruction and information on a variety of elementary, middle-school, high school, and college-level educational subjects and topics, namely, reading, literature, Shakespeare, Math, Algebra, Calculus, Trigonometry, Geometry, Chemistry, Organic Chemistry, Biology, Microbiology, Physics, Astronomy, Computer Science, Geology, History, Psychology, Philosophy, Economics, Film, Health, Art History, Language, Foreign languages, English, English as a second language, Sign Language, Spanish, French, Italian, German, Hebrew, Japanese, Chinese, Latin, Law, Anatomy, Medicine, Nursing, Music, Marketing, Macroeconomics, Accounting, Mythology, Women's Studies, Sociology, and standardized educational proficiency examination preparation; non-downloadable computer software and computer applications in the nature of series of fiction and non-fiction books on a variety of topics; fiction and non-fiction children's books, toddler books, beginner reader books, young-reader books, teen books, and books featuring Christmas, Easter, Jewish, Muslim and other religious holiday stories; picture books; educational publications, namely, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, teacher guides, manuals, and educational booklets in the fields of reading, writing, language, mathematics, history and science
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4302233.


The applicant hereby appoints Todd Braverman, Esq.. Todd Braverman, Esq. of Pearl Cohen Zedek Latzer Baratz LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1500 Broadway, 12th Floor
      New York, New York 10036
      United States
      646-878-0820(phone)
      tm-uspto@pearlcohen.com (authorized).
The attorney docket/reference number is T-7004-09-US.
Todd Braverman, Esq. submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Todd Braverman, Esq.

Pearl Cohen Zedek Latzer Baratz LLP

1500 Broadway, 12th Floor

New York, New York 10036

646-878-0820(phone)

tm-uspto@pearlcohen.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 $1375 has been submitted with the application, representing payment for 5 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: /tjbraverman/   Date: 08/27/2019
Signatory's Name: Todd Braverman, Esq.
Signatory's Position: Attorney for Applicant - NY Bar
Payment Sale Number: 88594410
Payment Accounting Date: 08/27/2019

Serial Number: 88594410
Internet Transmission Date: Tue Aug 27 13:45:21 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20190827134521016
502-88594410-61061ac52220be8e2c68e14edf7
35aedfae9ac583eefa1f91e17146558f5d9bd5-D
A-45206442-20190827132936784824