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: 88694523

Filing Date: 11/15/2019

To the Commissioner for Trademarks:

MARK: MAGIC FOLDERS (Standard Characters, see mark)
The literal element of the mark consists of MAGIC FOLDERS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Canva Pty Ltd, a proprietary limited company (p/l or pty. ltd.) legally organized under the laws of Australia, having an address of
      110 Kippax St.
      Surry Hills, NSW 2010
      Australia

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 creating, downloading, uploading, designing, modifying, reproducing, transmitting, discovering and sharing images, graphics, fonts, photographs, text, videos and data; downloadable computer programs for creating, downloading, uploading, designing, modifying, reproducing, transmitting, discovering and sharing images, graphics, fonts, photographs, text, videos and data; computer programs for positioning of text, in the nature of word processing; computer programs for printing; computer programs for processing data; computer programs for processing information; computer programs for producing computer graphics; computer programs for producing graphics for promotional purposes; computer programs for providing a graphical presentation of data; computer programs for use in database management; computer programs for use in desktop publishing; computer programs for promotional purposes, namely, for use in creating advertisements; computer programs for use in creating communications; computer programs in machine readable form for use in database management; computer programs in machine readable form recorded on electronic media for use in database management; computer software; application software
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:  Hosting a web site that gives users the ability to upload images, graphics, fonts, photographs, text, videos and data; computer services, namely, hosting an interactive website featuring technology that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; file sharing services namely, providing a website featuring technology enabling user to upload and download electronic files; application service provider (ASP) services featuring software that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; software as a service featuring software for creating, downloading, uploading, designing, modifying, reproducing, transmitting, discovering and sharing images, graphics, fonts, photographs, text, videos and data; online provision of web-based non-downloadable software for creating, downloading, uploading, designing, modifying, reproducing, transmitting, discovering and sharing images, graphics, fonts, photographs, text, videos and data; providing temporary use of non-downloadable software applications for the transmission of images, graphics, fonts, photographs, text, videos and data; design services; graphic art design; computer software design; design consultancy services
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 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 191212.214.
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 $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: /E. Russell Tarleton/   Date: 11/15/2019
Signatory's Name: E. Russell Tarleton
Signatory's Position: Attorney for Applicant, Washington State Bar Member
Payment Sale Number: 88694523
Payment Accounting Date: 11/15/2019

Serial Number: 88694523
Internet Transmission Date: Fri Nov 15 16:30:19 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201911151630193
56665-88694523-700adf155fd64a33461b9eeb9
6a863c2a9b8b705b1d7c7b37e4629acb7e4d3ad0
a6-CC-30184746-20191115132508461532