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: 88720266

Filing Date: 12/09/2019

To the Commissioner for Trademarks:

MARK: REDBRAIN (Standard Characters, see mark)
The literal element of the mark consists of REDBRAIN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Redbrain Limited, a limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      First Floor Dorna House Two Guildford Rd
      West End, Surrey GU249PW
      United Kingdom

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 _______: Computer software for managing, publishing and mailing of comparisons of products, retailers, manufacturers, services, prices and other information; Software for online advertising on websites; Software for operating an online shop; Software for evaluating customer behaviour in online shops
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on United Kingdom application number UK00003421331, filed 08/14/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 035:  Price comparison services; Comparison shopping services; Provision of online price comparison services; Arranging commercial transactions, for others, via online shops; Online advertising; Online advertising services; Dissemination of advertising matter online; Online advertising on computer networks; Online advertising on a computer network; Online advertising via a computer communications network; Advertising the goods and services of online vendors via a searchable online guide; Providing a searchable online advertising guide featuring the goods and services of online vendors; Online advertising network matching services for connecting advertisers to websites.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on United Kingdom application number UK00003421331, filed 08/14/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 038:  Providing links to information concerning consumer and B2B goods, services, reviews, references, retailers, suppliers and distributors in an online database and on a website; Electronic transmission of the aforesaid information; Providing access to web sites on the internet.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on United Kingdom application number UK00003421331, filed 08/14/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Programming of software for evaluating customer behaviour in online shops; Programming of software for online advertising; Hosting of computer services; Software as a service; Platform as a service.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on United Kingdom application number UK00003421331, filed 08/14/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The applicant hereby appoints Dianne M. Smith-Misemer. Other appointed attorneys are John M. Collins, Thomas B. Luebbering, Andrew G. Colombo, Scott R. Brown, Tracy L. Bornman, Michael B. Hurd, Joan O. Herman, Kameron D. Kelly, Gregory J. Skoch, Cheryl L. Burbach, Michael Elbein, Randall W. Schwartz, Crissa A. Cook, Matthew Walters, Paul J. Walker, Chad Kyle, Stephen Huggins, Kyle Mendenhall, C. Blair Barbieri, Chris Dawson, Darin McCollum, Chandler E. Schmidt and Jonathan L. Hines. Dianne M. Smith-Misemer of Hovey Williams 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
      10801 Mastin Boulevard, Suite 1000
      Overland Park, Kansas 66210
      United States
      913-647-9050(phone)
      9136479057(fax)
      tmdocketing.misemer@hoveywilliams.com (authorized).
The attorney docket/reference number is 53185/7780.
Dianne M. Smith-Misemer 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:

Dianne M. Smith-Misemer

Hovey Williams LLP

10801 Mastin Boulevard, Suite 1000

Overland Park, Kansas 66210

913-647-9050(phone)

9136479057(fax)

tmdocketing.misemer@hoveywilliams.com; rnichols@hoveywilliams.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 $1100 has been submitted with the application, representing payment for 4 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: /dsmisemer/   Date: 12/09/2019
Signatory's Name: Dianne M. Smith-Misemer
Signatory's Position: Attorney for Applicant
Payment Sale Number: 88720266
Payment Accounting Date: 12/09/2019

Serial Number: 88720266
Internet Transmission Date: Mon Dec 09 16:27:46 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019120916274653
9855-88720266-70038e1faa55c78b7110564891
45a59c5fe4111aa9b985d1edc4ce712b51276-DA
-27464642-20191209120253516886