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: 88689589

Filing Date: 11/12/2019

To the Commissioner for Trademarks:

MARK: PIXABAY (Standard Characters, see mark)
The literal element of the mark consists of PIXABAY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Pixabay GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Markgrafenstraße 36
      Berlin 10117
      Germany

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:  Computer application software for uploading and downloading digital images, photographs and videos; downloadable computer programs for uploading and downloading digital images, photographs and videos; software for uploading, downloading and sharing digital images; downloadable mobile applications for uploading, downloading and sharing digital images; downloadable mobile applications for management of data; downloadable applications for use with mobile devices for the uploading, downloading and sharing digital images; downloadable mobile applications for the management of information; downloadable mobile applications for the transmission of data; downloadable mobile applications for the transmission of information; downloadable software and software applications for mobile devices for uploading, downloading and sharing digital images; computer application software for mobile telephones, namely, software for uploading, downloading and sharing digital images; downloadable digital photographs; downloadable graphics for mobile phones; downloadable computer software for the transmission of data; downloadable computer software for the management of information; downloadable computer software for the management of data; downloadable computer software for the transmission of information; computer software platforms for uploading, downloading and sharing digital images; Community software for uploading, downloading and sharing digital images among users in an online community; downloadable mobile application software for social networking services via internet

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 11/09/2011, and first used in commerce at least as early as 11/09/2011, 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) screenshot from third party website where a user can download the software.

Original PDF file:
SPE0-38100227210-20191112155450220967_._PIXABAY_-_Cl._9.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

International Class 042:  Hosting a web site that gives users the ability to upload and download digital images, photographs and videos; file sharing services namely, providing a website featuring technology enabling user to upload and download digital images, photographs and videos; software as a service featuring software for uploading and downloading digital images, photographs and videos; online provision of web-based non-downloadable software for uploading and downloading digital images, photographs and videos; providing temporary use of non-downloadable software applications for uploading and downloading digital images, photographs and videos; computer software design; design consultancy services; website hosting services and software as a service featuring software for uploading and downloading digital photographs; hosting of digital content on the Internet; providing temporary use of non-downloadable software applications for uploading and downloading digital photographs accessible via a web site; electronic storage of photographs; hosting platforms on the Internet for storing and sharing digital photographs; hosting a website for the electronic storage of digital photographs and videos; electronic storage of digital photographs; operating search engines for the internet, obtaining photographs on a global computer network; providing search engines for obtaining data via communications networks

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 11/09/2011, and first used in commerce at least as early as 11/09/2011, 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) screenshot from applicant's website showing the mark in use in association with the services including the user log-in screen.

Original PDF file:
SPE0-38100227210-20191112155450220967_._PIXABAY_-_Cl._42.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

International Class 045:  Stock photography services, namely, leasing reproduction rights of photographs, images, videos, digital content to others; licensing of rights relating to the use of photographs; licensing of printed matter; licensing of intellectual property; copyright licensing; licensing authority services in the nature of legal administration of licenses; licensing of rights relating to the use of photographs; exploitation of industrial and intellectual property rights and copyright by licensing; licensing of rights relating to video productions; licensing of rights relating to audio productions

In International Class 045, 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 11/09/2011, and first used in commerce at least as early as 11/09/2011, 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) screenshot from applicant's website showing the mark in use in association with the services.

Original PDF file:
SPE0-38100227210-20191112155450220967_._PIXABAY_-_Cl._45.pdf
Converted PDF file(s) (1 page)
Specimen File1



The applicant hereby appoints E. Russell Tarleton. Other appointed attorneys are Kevin S. Costanza, Timothy L. Boller, Jared M. Barrett, Hayley J. Talbert, Jeremiah J. Baunach, Syed Abedi, Duncan Stark, Russell C. Pangborn, Marc C. Levy, Brooke W. Quist, Kevan L. Morgan, Chandra E. Eidt, Stephen J. Rosenman, and Bradley Zentz. E. Russell Tarleton of Seed IP Law Group 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
      Suite 5400
      701 Fifth Avenue
      Seattle, Washington 98104
      United States
      206-622-4900(phone)
      206-682-6031(fax)
      USTM.docketing@SeedIP.com (authorized).
The attorney docket/reference number is 191212.208.
E. Russell Tarleton 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 hereby appoints E. Russell Tarleton of Seed IP Law Group LLP
      701 Fifth Avenue
      Suite 5400
      Seattle Washington 98104
      United States
      206-622-4900(phone)
      206-682-6031(fax)
      USTM.docketing@SeedIP.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

E. Russell Tarleton

Seed IP Law Group LLP

Suite 5400       701 Fifth Avenue

Seattle, Washington 98104

206-622-4900(phone)

206-682-6031(fax)

USTM.docketing@SeedIP.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: /E. Russell Tarleton/   Date: 11/12/2019
Signatory's Name: E. Russell Tarleton
Signatory's Position: Attorney for Applicant, Washington State Bar Member
Payment Sale Number: 88689589
Payment Accounting Date: 11/12/2019

Serial Number: 88689589
Internet Transmission Date: Tue Nov 12 16:21:06 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201911121621061
78977-88689589-700f99bdca0768c691e8d7914
f21eab9764bdb94f5a481c356a8ddefe90684f-C
C-21041138-20191112155450220967