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)

---

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: 88608538

Filing Date: 09/08/2019

To the Commissioner for Trademarks:

MARK: ACCUWEATHER (Standard Characters, see mark)
The literal element of the mark consists of ACCUWEATHER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, AccuWeather, Inc., a corporation of Pennsylvania, having an address of
      385 Science Park Road
      State College, Pennsylvania 16803
      United States
      accuweather@tmdocket.us

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 software featuring weather information, weather news, weather forecasts, temperature index information; downloadable software in the fields of meteorology and environmental science; downloadable software featuring computerized weather related graphs, maps, charts, and displays; downloadable mobile applications featuring weather information, weather news, weather forecasts, temperature index information

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 05/29/2003, and first used in commerce at least as early as 05/29/2003, 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) Applicant's downloadable mobile application showing applicant's mark available at the iTunes Store.
Specimen File1

International Class 035:  Advertising and marketing services featuring weather information, weather news, weather forecasts, temperature index information; business analytics and consultation services concerning weather information, weather news, weather forecasts, temperature index information

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 12/12/1998, and first used in commerce at least as early as 12/12/1998, 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) Applicant's downloadable mobile application showing applicant's mark available at the iTunes Store.
Specimen File1

International Class 041:  Entertainment in the nature of television news shows in the field of weather news, weather forecasts, temperature index information; television show production; education services, namely providing education with relation to weather information through the Internet, mobile devices, and in print

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 07/16/1972, and first used in commerce at least as early as 07/16/1972, 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) Applicant's webpage showing applicant's mark and weather news show programming.

Original PDF file:
SPE0-64200130-20190815154707262410_._ACCUWEATHER_Class_41_Specimen.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6



The applicant hereby appoints MATTHEW D. ASBELL. Other appointed attorneys are Dennis S. Prahl, Lanning G. Bryer, Bharati Bakshani, Ralph H. Cathcart, Michael A. Cornman, Jay A. Bondell, Scott J. Lebson and Sebastian Lovera Riso. MATTHEW D. ASBELL of LADAS & PARRY 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
      1040 Avenue of the Americas
      New York, New York 10018
      United States
      212-708-3463(phone)
      212.246.8959(fax)
      nyustmp@ladas.com (authorized).
The attorney docket/reference number is 1T19718996.
MATTHEW D. ASBELL 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:

MATTHEW D. ASBELL

LADAS & PARRY LLP

1040 Avenue of the Americas

New York, New York 10018

212-708-3463(phone)

212.246.8959(fax)

nyustmp@ladas.com; masbell@ladas.com; emonge@ladas.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 $825 has been submitted with the application, representing payment for 3 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: /Jennifer Chung/   Date: 09/08/2019
Signatory's Name: Jennifer Chung
Signatory's Position: General Counsel
Payment Sale Number: 88608538
Payment Accounting Date: 09/09/2019

Serial Number: 88608538
Internet Transmission Date: Sun Sep 08 09:50:27 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.X.XXX-201909080950278395
26-88608538-6107da22ebaf26857c3fdea62872
052b6d7f11ec34a3eafcd8da74c5ea25694ac92-
DA-50271003-20190906171124283770