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 1480 (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 1480 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Certification Mark Form, Principal Register

Serial Number: 88693139

Filing Date: 11/14/2019

To the Commissioner for Trademarks:

MARK: GOLD (Standard Characters, see mark)
The literal element of the mark consists of GOLD. 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
      United States

requests that the Certification Mark identified above be registered with the USPTO on the Principal Register for the following:

International Class B:  The rendering and performance of workplace services by individuals who possess the necessary foundational skills in core disciplines, namely reading, math and graphic literacy
Use in Commerce: The applicant is exercising legitimate control over the use of the certification mark in commerce by authorized users using the mark in commerce on or in connection with the identified goods/services. The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used by authorized persons 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. The applicant submits a copy of the standards governing the use of the certification mark on or in connection with the goods/services in the application.

In International Class B, the mark was first used by persons authorized by the applicant, at least as early as 10/01/2006, and first used in commerce by persons authorized by the applicant at early as 10/01/2006, and is now in use in such commerce.The applicant is submitting one(or more) specimen(s) showing the mark as used by authorized persons in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) images of certificates showing the mark and screenshots of online job postings and resumes showing the certification mark .

Original PDF file:
SPE0-12146203103-20191114182947825202_._SPECIMEN_GOLD.pdf
Converted PDF file(s) (10 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10

Copy of Standards

Original PDF file:
Standards1a-12146203103-182947825_._CERTIFICATE_STANDARDS_-_ACT_Award_Levels.pdf
Converted PDF file(s) (1 page)
Attachment-1:
Certification Statement: The certification mark, as used by persons authorized by the certifier, certifies that the s services are being performed by a person w who meets certain standards and measures o of competency set by certifier, an indication that the workplace services are being performed by individuals with the necessary foundational skills to meet the needs of the employer.


The applicant hereby appoints Michelle D. Kahn. Michelle D. Kahn of Sheppard Mullin Richter & 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 Richter & 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 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 $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 certification mark sought to be registered; The applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the application; The specimen(s) shows the mark as used in commerce by the applicant's authorized users on or in connection with the goods/services in the application; The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; 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 exercise legitimate control over the use of the mark in commerce by authorized users; The applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the application; The applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; 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, other than authorized users, and, 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: 11/14/2019
Signatory's Name: Michelle D. Kahn
Signatory's Position: Attorney of Record, CA State Bar Member
Payment Sale Number: 88693139
Payment Accounting Date: 11/14/2019

Serial Number: 88693139
Internet Transmission Date: Thu Nov 14 18:41:03 EST 2019
TEAS Stamp: USPTO/CTM-XX.XXX.XXX.XXX-201911141841032
25749-88693139-7004ae93a55a33eefa2f2898d
1b1aa4c9ded668c82f7fd637accca2de6f731bf9
6-DA-41030426-20191114182947825202