Post Publication Amendment

PTO- 1771

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1771

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88713294 5G (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8871329 4/large) has been amended as follows:

EXPLANATION OF FILING
Applicant requests the first use in commerce date that was included in the Statement of Use filed on May 14, 2021 with respect to the Class 38 services be amended from October 29, 2019 to March 27, 2019. The date of first use anyway should remain unchanged.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Downloadable computer application software for controlling the operation of smartphones, mobile phones, smart televisions, handheld electric networked devices, and telecommunication devices; Downloadable software for smartphones, mobile phones, smart televisions, handheld electric networked devices, and telecommunication devices, namely, downloadable communication software for providing access to the Internet; Downloadable software for smartphones, mobile phones, smart televisions, handheld electric networked devices, and telecommunication devices, namely, downloadable software for viewing, streaming and storing audio-visual media content; Downloadable software for smartphones, mobile phones, smart televisions, handheld electric networked devices, and telecommunication devices, namely, downloadable software for connecting, operating, and managing networked cameras, kitchen appliances, HVAC systems in the internet of things (IoT) ; Downloadable software for smartphones, mobile phones, smart televisions, handheld electric networked devices, and telecommunication devices, namely, downloadable software for remotely monitoring environmental conditions and controlling devices within a building, facility, grounds, or designated spatial area; Downloadable computer software for organizing and viewing digital images and photographs; Downloadable computer software for controlling the operation of audio and video devices; Downloadable computer software to monitor and control factory manufacturing processes; Downloadable computer software, for use with medical patient monitoring equipment, for receiving, processing, transmitting and displaying data; Telecommunication transmitters; Handheld electronic communication devices for accessing the Internet; Smartphones; Tablet computers; Wearable smartphones; Wireless routers; Computers and computer peripherals; Home computer network interface devices; Virtual reality glasses; Televisions and stereos; Audio speakers; Audio headphones; Set-top boxes; Viewing devices, namely, digital photograph viewers, 3D digital photograph viewers; Electrical terminal boxes; Electrical controllers; Remote control apparatus for radios, televisions and stereos; Touchscreen sensors; Electronic sensors for motion detecting; Motion detectors; Electronic video surveillance products, namely, electronic components of security systems; Navigation, guidance, tracking, targeting and map making devices, namely, mobile devices capable of receiving wireless signals to provide an audio wayfinding application in the nature of smartphones, mobile phones, smart televisions, handheld electric networked devices, and telecommunication devices

Applicant proposes to amend the following:

Current:
Class 038 for Telecommunication services, namely, wireless telephone services; Wireless broadband communication services; Satellite communication services; Electronic transmission of voice, data, video, and information; Telecommunication access services; Streaming of audio and video material on the internet; Providing multiple user wireless access to the Internet; Voice over internet protocol (VOIP) services; Telecommunication services, namely, the use of 5G signals to provide data to a mobile device; Providing information in the field of telecommunications and telecommunications networking; Telecommunications consultation
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.


Proposed:
Class 038 for Telecommunication services, namely, wireless telephone services; Wireless broadband communication services; Satellite communication services; Electronic transmission of voice, data, video, and information; Telecommunication access services; Streaming of audio and video material on the internet; Providing multiple user wireless access to the Internet; Voice over internet protocol (VOIP) services; Telecommunication services, namely, the use of 5G signals to provide data to a mobile device; Providing information in the field of telecommunications and telecommunications networking; Telecommunications consultation

Deleted Filing Basis: 1(b)
In International Class 038, the mark was first used at least as early as 05/24/2017 . and first used in commerce at least as early as 03/27/2019 .




Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
      Kazuyo Morita
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@hollandhart.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): atticus.trademark.nobill@hollandhart.com; shavlick@hollandhart.com

The docket/reference number is 49854.0153.
Correspondence Information (proposed):
      Kazuyo Morita
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@hollandhart.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): atticus.trademark.nobill@hollandhart.com; shavlick@hollandhart.com

The docket/reference number is 49854.0153.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature

DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Scott Havlick/      Date: 05/22/2021
Signatory's Name: Scott S. Havlick
Signatory's Position: Attorney of Record, Colorado Bar Member
Signatory's Phone Number: 3034732710

Signature method: Signed directly within the form


Signature: /Scott Havlick/     Date: 05/22/2021
Signatory's Name: Scott S. Havlick
Signatory's Position: Attorney of Record, Colorado Bar Member

Signatory's Phone Number: 3034732710 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Kazuyo Morita
   HOLLAND & HART LLP
   ATTN: TRADEMARK DOCKETING
   P.O. BOX 8749
   DENVER, Colorado 80201
Mailing Address:    Kazuyo Morita
   HOLLAND & HART LLP
   ATTN: TRADEMARK DOCKETING
   P.O. BOX 8749
   DENVER, Colorado 80201
        
Serial Number: 88713294
Internet Transmission Date: Sat May 22 10:37:14 ET 2021
TEAS Stamp: USPTO/PPA-XX.XXX.XXX.XXX-202105221037148
20788-88713294-7802ad21e3a03bb18ad430cf2
8d2a46d8641494a52168afb6a6c4145238a6a99-
N/A-N/A-20210522103217760561