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: 88595673

Filing Date: 08/28/2019

To the Commissioner for Trademarks:

MARK: POWERUP (Standard Characters, see mark)
The literal element of the mark consists of POWERUP. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Austin Capital Bank SSB, a State Savings Bank legally organized under the laws of Texas, having an address of
      8100 Shoal Creek Boulevard
      Austin, Texas 78757
      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 036:  Banking and financing services, namely, bank accounts, deposit accounts, savings accounts; consumer credit consultation; Electronic payment services involving electronic processing and subsequent transmission of payment data
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.


Miscellaneous Statement
A State Savings Bank is a recognized entity under Texas state law (See Texas Finance Code, §§ 91.001 et seq.)


The applicant hereby appoints Christopher L. Graff. Other appointed attorneys are all other attorneys with the firm. Christopher L. Graff of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
      512-322-5200(phone)
      tmcentral@pirkeybarber.com (authorized).
The attorney docket/reference number is LTBK040US.
Christopher L. Graff 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:

Christopher L. Graff

Pirkey Barber PLLC

1801 East 6th Street, Suite 300

Austin, Texas 78702

512-322-5200(phone)

tmcentral@pirkeybarber.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 $275 has been submitted with the application, representing payment for 1 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: /erik beguin/   Date: 08/27/2019
Signatory's Name: Erik Beguin
Signatory's Position: CEO and President
Payment Sale Number: 88595673
Payment Accounting Date: 08/28/2019

Serial Number: 88595673
Internet Transmission Date: Wed Aug 28 10:50:35 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201908281050350
11517-88595673-610b69254e72eaab35c13c3c7
49c648abc61467810c89ede6383c0ffdf5bf372-
CC-50335948-20190827180524367654