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: 88669669

Filing Date: 10/25/2019

To the Commissioner for Trademarks:

MARK: ACT NOW (Standard Characters, see mark)
The literal element of the mark consists of ACT NOW. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ACT, Inc., a corporation of Iowa, having an address of
      500 ACT Drive
      Iowa City, Iowa 52243-0168
      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 and applications for use in administering, proctoring, taking and scoring standardized tests for schools and colleges
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:  Providing temporary use of non-downloadable cloud-based software and applications for use in administering, proctoring, taking and scoring standardized tests for schools and colleges; downloadable cloud-computing software for use in administering, proctoring, taking and scoring standardized tests for schools and colleges
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.



The applicant hereby appoints Michelle D. Kahn. Michelle D. Kahn of Sheppard Mullin Ritcher & Hampton LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Four Embarcadero Center, 17th Floor
      San Francisco, California 94111
      United States
      mkahn@sheppardmullin.com (authorized).
The attorney docket/reference number is 52PK-.
Michelle D. Kahn 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:

Michelle D. Kahn

Sheppard Mullin Ritcher & Hampton LLP

Four Embarcadero Center, 17th Floor

San Francisco, California 94111

mkahn@sheppardmullin.com; sftmdocket@sheppardmullin.com; rlozoya@sheppardmullin.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 $550 has been submitted with the application, representing payment for 2 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: /MDK/   Date: 10/25/2019
Signatory's Name: Michelle D. Kahn
Signatory's Position: Attorney of Record, CA State Bar Member
Payment Sale Number: 88669669
Payment Accounting Date: 10/25/2019

Serial Number: 88669669
Internet Transmission Date: Fri Oct 25 17:49:37 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201910251749371
10459-88669669-6105a3c9023d7d3ccdec4d913
65ba2ea3b26e945dbbb59bcf06fc7864146e0d6f
1-DA-49361999-20191025174104669546