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: 88762586

Filing Date: 01/16/2020

To the Commissioner for Trademarks:

MARK: BLUEBIRD (Standard Characters, see mark)
The literal element of the mark consists of BLUEBIRD. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Pronunciator LLC, a limited liability company legally organized under the laws of Wyoming, having an address of
      P.O. Box 95
      Jackson, Wyoming 83001
      United States

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:  Downloadable computer software and downloadable mobile software applications for foreign language tutoring, language learning, practicing speech and pronunciation, reading assessment and reading comprehension, and literacy skills.
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:  Providing online non-downloadable software in the nature of mobile applications providing training, teaching, learning and educational programs in the field of language learning; providing online non-downloadable software in the nature of programs featuring entertainment for the purposes of language learning; providing online non-downloadable software in the nature of games; providing online non-downloadable software featuring stories and contents for the purposes of language learning; software as a service (SAAS) services featuring software for foreign language tutoring, language learning, practicing speech and pronunciation, reading assessment and reading comprehension, and literacy skills; application service provider (ASP) featuring software for use in teaching and learning foreign languages.
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.


Miscellaneous Statement
Applicant is aware that the USPTO no longer allows a post office box as an address option. However, Applicant lives in a rural area of Wyoming where everyone uses only post office boxes, as there is no direct delivery by the U.S. Postal Service. For the Examiner's convenience, here is a link to the town's website confirming same: http://www.jacksonwy.gov/224/Local-Mail-Delivery. Additionally, Applicant notes that the Federal Register (at http://www.federalregister.gov/d/2019-16259/p-12) states: In the rare circumstance where mail cannot be delivered to its domicile address, the applicant, registrant, or party may request to designate a postal address where mail can be delivered. Accordingly, Applicant requests that the post office box provided in this application be allowed as the designated address for Applicant.


The applicant hereby appoints Timothy D. Byron. Other appointed attorneys are Jordan P. Raphael. Timothy D. Byron of Byron Raphael 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 1250
      100 Pine Street
      San Francisco, California 94111
      United States
      415-839-8500(phone)
      tbyron@byronraphael.com (authorized).
The attorney docket/reference number is BLUEBIRD.
Timothy D. Byron 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:

Timothy D. Byron

Byron Raphael LLP

Suite 1250       100 Pine Street

San Francisco, California 94111

415-839-8500(phone)

tbyron@byronraphael.com; rhetman@circlertms.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: /Robert Savage/   Date: 01/16/2020
Signatory's Name: Robert Savage
Signatory's Position: Managing Member
Payment Sale Number: 88762586
Payment Accounting Date: 01/16/2020

Serial Number: 88762586
Internet Transmission Date: Thu Jan 16 19:33:50 EST 2020
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200116193350493215-88762586-7
00d1d9d7b2a6ac936338036658871599de65452c
f14fa76046ac259fea14fc-CC-33490523-20200
116155144701687