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: 88613529

Filing Date: 09/11/2019

To the Commissioner for Trademarks:

MARK: OPENHOTEL (stylized and/or with design, see mark)
The literal element of the mark consists of OPENHOTEL. The mark consists of a stylized key outlined inside a shaded rectangle, all centered between the word OPEN and the word HOTEL in stylized font.
The applicant, Openhotel, Inc., a corporation of Nevada, having an address of
      4112 Rubicon Peak Court
      Las Vegas, Nevada 89129
      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 042:  Software as a service (SAAS) services featuring software for property management, reservation booking, and website hosting and content management, all in the field of lodging.

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 01/01/2011, and first used in commerce at least as early as 01/01/2011, 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) Digital image of website bearing the mark in connection with the services and whereby customers may order and avail themselves of the services..
Specimen File1



SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The applicant hereby appoints Ryan D. Ricks. Other appointed attorneys are Daniel I. Ackerman, Dax Alvarez, Lester J. Anderson, J. Damon Ashcraft, David G. Barker, Anne Bolamperti, Robert A. Clarke, David I. Dubin, Jonathan B. Fitzgerald, Andrew Flior, Tyler J. Fortner, R. Lee Fraley, Albin H. Gess, Farris J. Gillman, Deborah Gubernick, Charles F. Hauff, Jr., Andrew Huah, Dwight Kim, Peter Krehbiel, Grant T. Langton, Sid Leach, Gabrielle M. Morlock, Jeffrey D. Morton, William F. Mulholland II, David P. Nigro, Paul A. Pappalardo, Cynthia L. Pillote, John H. Platt, Joseph W. Price, Simone T. Raess, David E. Rogers, C. Matthew Rozier, Gregory Scheiferstein, Howard I. Sobelman, C. Blake Steel, Joseph Teleoglou, Ketan S. Vakil, and Michele N. Washington. Ryan D. Ricks of Snell & Wilmer L.L.P., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      One Arizona Center
      400 E. Van Buren Street
      Phoenix, Arizona 85004
      United States
      602-382-6000(phone)
      602 382 6070(fax)
      ipdocket@swlaw.com (authorized).
The attorney docket/reference number is 71418.00200.
Ryan D. Ricks 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:

Ryan D. Ricks

Snell & Wilmer L.L.P.

One Arizona Center       400 E. Van Buren Street

Phoenix, Arizona 85004

602-382-6000(phone)

602 382 6070(fax)

ipdocket@swlaw.com; rricks@swlaw.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: /Ryan D. Ricks/   Date: 09/11/2019
Signatory's Name: Ryan D. Ricks
Signatory's Position: Attorney of record, Arizona bar member
Payment Sale Number: 88613529
Payment Accounting Date: 09/11/2019

Serial Number: 88613529
Internet Transmission Date: Wed Sep 11 19:51:31 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190911195131
939321-88613529-610b355d6abb6d89225d7799
d3ff8fc1a5f84f2ce17afc9b9ad6edd32973fd31
f-DA-51312117-20190911194206317087