TEAS Plus 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

TEAS Plus Application

Serial Number: 88605103

Filing Date: 09/05/2019

To the Commissioner for Trademarks:

MARK: NESSY (stylized and/or with design, see mark)
The literal element of the mark consists of NESSY. The mark consists of the word ''NESSY" beneath a fanciful face of the Loch Ness monster enclosed in a circle.
The applicant, Nessy Learning Ltd., a corporation of United Kingdom, having an address of
      42 Baldwin Street
      Bristol BS11PN
      United Kingdom

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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 042:  Providing a website featuring non-downloadable software for instruction in in the fields of assessment, reading, writing skills, typing, and math

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 06/30/2013, and first used in commerce at least as early as 06/30/2019, 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 webpage log in screen for online cloud-based applications.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4500904 and 4481131.


The applicant hereby appoints Lois M. Novotny. Lois M. Novotny of Law Office of Lois M. Novotny, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      9 Longfellow Road
      Wayland, Massachusetts 01778
      United States
      508-395-2230(phone)
      lois@novotny-law.com (authorized).

Lois M. Novotny 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:

Lois M. Novotny

Law Office of Lois M. Novotny

9 Longfellow Road

Wayland, Massachusetts 01778

508-395-2230(phone)

lois@novotny-law.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or 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 Plus 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 $225 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: /Mike Jones/   Date: 09/05/2019
Signatory's Name: Mike Jones
Signatory's Position: Chief Executive Officer
Signatory's Phone Number: 432-704-1717
Payment Sale Number: 88605103
Payment Accounting Date: 09/05/2019

Serial Number: 88605103
Internet Transmission Date: Thu Sep 05 10:23:54 EDT 2019
TEAS Stamp: USPTO/FTK-XXX.XX.XX.XX-20190905102354536
658-88605103-610cdfd9fec7f1f2ba1162e3719
826db3f432cb5c4fb333536fb025b39510c0f9-C
C-23539629-20190905092125748696