Statement of Use

PTO- 1553

Approved for use through 12/31/2020. OMB 0651-0054

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- 1553

Approved for use through 12/31/2020. OMB 0651-0054

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.

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: WHISPER (Stylized and/or with Design, see mark)
SERIAL NUMBER: 88752849


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Whisper.ai Inc., having an address of
      260 8th St.
      San Francisco, California 94103
      United States
      Email: XXXX
Proposed: Whisper.ai Inc., having an address of
      260 8th St.
      San Francisco, California 94103
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: hearing aid systems comprised of computer hardware and downloadable artificial intelligence computer software for use in hearing aids to cancel noise, none of the forgoing to include earplugs for noise reduction

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 11/22/2019, and first used in commerce at least as early as 11/22/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photo of logo displayed on the packaging for the goods.

Original PDF file:
SPN0-209436782-2021010408 3553326049_._Specimen_-_C lasses_9_and_10.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

For International Class 010:
Current identification: hearing aids; hearing aids using artificial intelligence, none of the forgoing to include earplugs for noise reduction

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 11/22/2019, and first used in commerce at least as early as 11/22/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photo of logo displayed on the packaging for the goods.

Original PDF file:
SPN1-209436782-2021010408 3553326049_._Specimen_-_C lasses_9_and_10.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

For International Class 042:
Current identification: providing online, non-downloadable artificial intelligence computer software for use in hearing aids to cancel noise, none of the forgoing to include earplugs for noise reduction

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/15/2020, and first used in commerce at least as early as 10/15/2020, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) webpages displaying the mark in connection with the services claimed.

Original PDF file:
SPN2-209436782-2021010408 3553326049_._Specimen_-_C lass_42.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPN2-209436782-2021010408 3553326049_._Specimen_2_- _Class_42.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPN2-209436782-2021010408 3553326049_._Specimen_3_- _Class_42.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


Webpage URL: http://whisper.ai/; http://whisper.ai/how-whisper-works; http://whisper.ai/hearing-aid-with-monthly-payments
Webpage Date of Access: 12/29/2020

The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Julia Spoor Gard
      PRIMARY EMAIL FOR CORRESPONDENCE: Jgard@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): TMINDocket@btlaw.com; eross@btlaw.com
Correspondence Information (proposed):
      Julia Spoor Gard
      PRIMARY EMAIL FOR CORRESPONDENCE: jgard@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): TMINDocket@btlaw.com; eross@btlaw.com

The docket/reference number is 76745-312425.

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

A fee payment in the amount of $300 will be submitted with the form, representing payment for the allegation of use for 3 classes.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and 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 specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	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.
	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.

Signature: /jgard/      Date Signed: 01/04/2021
Signatory's Name: Julia Spoor Gard
Signatory's Position: Attorney of Record, IN and IL State Bar Member
Signatory's Phone: 317-236-1313
Signature method: Sent to third party for signature

PAYMENT: 88752849
PAYMENT DATE: 01/04/2021

Serial Number: 88752849
Internet Transmission Date: Mon Jan 04 08:55:22 ET 2021
TEAS Stamp: USPTO/SOU-XXX.XX.XX.XX-20210104085522801
630-88752849-760a94842791a5642ba13b25e2e
e886fccaa35a81c9c207b63177e4ae5c02a-CC-5
5208209-20210104083553326049