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: 88772616

Filing Date: 01/24/2020

To the Commissioner for Trademarks:

MARK: POOL (Standard Characters, see mark)
The literal element of the mark consists of POOL. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Imagination Room Company Ltd., a corporation of Canada, having an address of
      P.O. Box 48163
      Stn Bentall Centre
      Vancouver, BC V7X1N8
      Canada

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 software, namely, file sharing software and communications software for electronically exchanging images via mobile, wireless and telecommunications networks; Downloadable applications for mobile phones to take and edit photographs; Computer application software for mobile phones, namely, software for sending digital photos to others over the internet, local and wide area computer networks and other computer networks, cellular communication networks, wireless communication networks and global communication networks

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 06/13/2019, and first used in commerce at least as early as 06/13/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Third-party application store showing use of the mark in association with the goods and means for ordering the goods in accordance with TMEP § 904.03(i).
Specimen File1

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 Canada application number 1977782, filed 07/26/2019.
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 009:  Souvenir and promotional merchandise, namely, fridge magnets, decorative magnets; computer programs and software for image processing; computer software for converting document images into electronic formats; computer software for image processing; computer software for organizing and viewing digital images and photographs; software for creating photo slide shows; software for creating virtual picture frames; computer software, namely, instant messaging software, communications software for electronically exchanging data, audio, video and graphics via computer, mobile, wireless and telecommunications networks, and communications software for electronically exchanging images via computer networks; computer software for processing images, graphics, audio, video and text; computer application software for personal computers, portable media players and handheld computers, namely, software for sending digital photos, images, namely graphic art and illustrations to others over the internet, local and wide area computer networks and other computer networks, cellular communication networks, wireless communication networks and global communication networks; computer application software for mobile phones, namely, software for sending digital images, namely graphic art and illustrations, to others over the internet, local and wide area computer networks and other computer networks, cellular communication networks, wireless communication networks and global communication networks
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 Canada application number 1977782, filed 07/26/2019.
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 014:  Souvenir and promotional merchandise, namely, clocks and watches, key chains
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 Canada application number 1977782, filed 07/26/2019.
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 016:  Souvenir and promotional merchandise, namely, money clips, temporary tattoos, paper weights, photo albums, photo frames, photos, puzzles, pin buttons, cards, photocards, postcards, mouse pads, ceramic tile, luggage tags, greeting cards, photobooks, decals, address books, picture albums, sticker albums; publications and printed matter, namely, advertising boards of cardboard and paper, books, magazines, brochures, posters, newsletters, advertising signs of cardboard and paper, calendars, banners, stickers, sticker pads, decals, memo boards, clipboards, paper coasters, postcards, place mats of paper and plastic, note cards, memo pads, ball point pens, pencils and pens, pen and paper holders, scrap books, rubber stamps, paper banners, and paper flags, bookmarks, three-ring binders, stationery folders, wire bound notebooks, portfolio notebooks, un-mounted and mounted photographs, bumper stickers, book covers, wrapping paper, children's activity books, stationery, namely, writing paper, paper pads; flyers; brochures; advertising pamphlets; pamphlets; posters; banners of paper; stickers and transfers; decals; postcards; memo pads; ball point pens; pencils and pens; bookmarks; bumper stickers
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 Canada application number 1977782, filed 07/26/2019.
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 018:  Souvenir and promotional merchandise, namely, umbrellas, leashes and collars for pets, fanny packs, gym bags, backpacks, book bags, sports bags, bum bags, wallets and handbags, overnight bags, duffel bags, tote bags, trunks and suitcases, toiletry bags and cases sold empty
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 Canada application number 1977782, filed 07/26/2019.
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 021:  Souvenir and promotional merchandise, namely, bottle openers, drinking glasses, mugs, cups, drink coasters, water bottles, pet bowls
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 Canada application number 1977782, filed 07/26/2019.
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 025:  Souvenir and promotional merchandise, namely, clothing, namely, bandannas, boxer shorts, dresses, ear muffs, gloves, hats, caps, namely, baseball caps, softball caps and caps with visors, toques, headbands, jackets, mittens, woven and knit shirts, nightshirts, pajamas, pants, raincoats, scarves, shirts, shorts, undergarments, skirts, socks, sun visors, suspenders, sweaters, sweatpants, sweatshirts, swimsuits, t-shirts, neck ties and bow ties, underwear, vests, warm-up suits, sweatbands, headbands, wristbands, track suits, coats, parkas, infants and children's short sets, infant undershirts, leisure suits, golf shirts, swim trunks, beach cover ups, body suits, housecoats, aprons, leggings, leotards, robes, infant headwear, namely, hats, caps and bonnets, infant accessories, namely, bibs, cloth bibs, bunting bags, footwear, namely, shoes, boots, sandals and slippers; belts; t-shirts, hooded tops, caps
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 Canada application number 1977782, filed 07/26/2019.
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 online chat rooms and electronic bulletin boards for transmission of messages among users in the fields of photography and videography; electronic storage of digital photographs and digital videos; providing on-line journals, namely, online blogs featuring photographs and information about photography, travel and topics of general interest
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 Canada application number 1977782, filed 07/26/2019.
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:  Providing temporary use of on-line non-downloadable software for downloading, uploading, transferring, sharing, ranking, evaluating, critiquing, emailing, licensing, editing, cropping, correcting, rotating, watermarking, protecting, pricing, valuing, evaluating, and storing digital photos and videos; providing temporary use of on-line non-downloadable software for creating photo and video galleries; hosting of digital content, photographs and videos on the Internet; providing customized on-line web pages featuring user-defined information, which includes photographs, videos, text, search engines and on-line web links to other web sites; computer services, namely, providing search engines for obtaining data and searching for digital photographs, videos and content; application service provider featuring interactive software for downloading, uploading, transferring, sharing, ranking, evaluating, critiquing, emailing, licensing, and storing digital photos and videos; application service provider featuring interactive software for creating photo and video galleries; electronic storage of digital photographs and videos
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 Canada application number 1977782, filed 07/26/2019.
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 Matthew J. Clark. Other appointed attorneys are Craig J. Cox, Matthew D. Delaney, Monica L. Dias, Carl Eppler, Eric Lamb, Constance R. Lindman, Daniel A. Murray, Samantha M. Quimby, Matthew R. Schantz, Karlyn A. Schnapp, LaShaila Spivey and Cynthia L. Stewart. Matthew J. Clark of Frost Brown Todd LLC, 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 1900
      201 N. Illinois St.
      Indianapolis, Indiana 46204
      United States
      317-237-3848(phone)
      317-237-3900(fax)
      trademarks@fbtlaw.com (authorized).
The attorney docket/reference number is 0727999.
Matthew J. Clark 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:

Matthew J. Clark

Frost Brown Todd LLC

Suite 1900       201 N. Illinois St.

Indianapolis, Indiana 46204

317-237-3848(phone)

317-237-3900(fax)

trademarks@fbtlaw.com; mclark@fbtlaw.com; ajackson@fbtlaw.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 $2200 has been submitted with the application, representing payment for 8 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: /Brandan Bath/   Date: 01/24/2020
Signatory's Name: Brandan Bath
Signatory's Position: President
Payment Sale Number: 88772616
Payment Accounting Date: 01/24/2020

Serial Number: 88772616
Internet Transmission Date: Fri Jan 24 16:10:36 EST 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20200124161036270
125-88772616-7003d97e3528619934538f527a9
bdef7a9cadfee2a954f97084a6e5b4f8efe110-C
C-10357066-20200124141049780087