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: 88817698

Filing Date: 03/02/020

To the Commissioner for Trademarks:

MARK: HYPERWERX (stylized and/or with design, see mark)
The literal element of the mark consists of HYPERWERX. The applicant is not claiming color as a feature of the mark. The mark consists of the wording "HYPER" appearing on top of "WERX", with one cross-section of the "X" of "WERX" appearing as a lightning bolt.
The applicant, SparkCognition, Inc., a corporation of Delaware, having an address of
      4030 W. Braker Lane, Suite 500
      Austin, Texas 78759
      United States
      trademarks@sparkcognition.com

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 software for use in the design, development, testing, and demonstration of artificial intelligence products and solutions; Downloadable software for use in the design, development, testing, and demonstration of drones, UAVs, robots, light electric vehicles, autonomous vehicles, and self-driving cars; Downloadable software using artificial intelligence for use in product and software testing and development; Downloadable software for use in model-building, complex simulation, and analysis; Downloadable software for facilitating product development; Downloadable software for deep learning in the field of artificial intelligence; Downloadable software for machine learning in the field of artificial intelligence; Downloadable software for creating and optimizing artificial neural networks; Downloadable software for employing genetic algorithms and deep learning techniques in the field of artificial intelligence; Downloadable software for nueroevolution; Downloadable software for cognitive computing analytics; Downloadable software for natural language processing; Downloadable software for use with artificial intelligence products and solutions; Downloadable software for the operation, control, maintenance, and management of artificial intelligence products and solutions; Downloadable software for use with drones, UAVs, robots, light electric vehicles, autonomous vehicles, and self-driving cars; Downloadable software for the operation, control, maintenance, and management of drones, UAVs, robots, light electric vehicles, autonomous vehicles, and self-driving cars
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 012:  Drones; UAVs; Self-driving cars; Autonomous vehicles; Robots; Light electric vehicles
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 specialized facilities for research and development in the field of artificial intelligence; Providing specialized facilities for testing and demonstrating the integration of artificial intelligence solutions with physical systems; Providing specialized facilities for product testing; Testing the functionality of artificial intelligence products and solutions; Testing the functionality of drones, UAVs, robots, light electric vehicles, autonomous vehicles, and self-driving cars; Testing of computer software; Product design, research, and development; Quality control for others; Research and development of new products; Product development in the field of artificial intelligence; Software as a services (SaaS) featuring software for use in the design, development, testing, and demonstration of artificial intelligence products and solutions; Software as a services (SaaS) featuring software for use in the design, development, testing, and demonstration of drones, UAVs, robots, light electric vehicles, autonomous vehicles, and self-driving cars; Software as a services (SaaS) featuring software using artificial intelligence for use in product and software testing and development; Software as a services (SaaS) featuring software for facilitating product development; Software as a services (SaaS) featuring software for use in model-building, complex simulation, and analysis; Software as a services (SaaS) featuring software for deep learning in the field of artificial intelligence; Software as a services (SaaS) featuring software for machine learning in the field of artificial intelligence; Software as a services (SaaS) featuring software for creating and optimizing artificial neural networks; Software as a services (SaaS) featuring software for employing genetic algorithms and deep learning techniques in the field of artificial intelligence; Software as a services (SaaS) featuring software for nueroevolution; Software as a services (SaaS) featuring software for cognitive computing analytics; Software as a services (SaaS) featuring software for natural language processing; Software as a services (SaaS) featuring software for use with drones, UAVs, robots, light electric vehicles, autonomous vehicles, and self-driving cars; Software as a services (SaaS) featuring software for the operation, control, maintenance, and management of drones, UAVs, robots, light electric vehicles, autonomous vehicles, and self-driving cars; Rental of computer software; Technological consultation in the fields of artificial intelligence; Design and development of computer hardware and software
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.




The owner's/holder's proposed attorney information: Emily K. Poole. Other appointed attorneys are all other attorneys with the firm. Emily K. Poole of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
      tmcentral@pirkeybarber.com

Emily K. Poole 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:

Emily K. Poole

PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmcentral@pirkeybarber.com; epoole@pirkeybarber.com 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 $825 has been submitted with the application, representing payment for 3 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: /Aakash S. Parekh/   Date: 03/02/2020
Signatory's Name: Aakash S. Parekh
Signatory's Position: Senior Director of Intellectual Property
Payment Sale Number: 88817698
Payment Accounting Date: 03/02/2020

Serial Number: 88817698
Internet Transmission Date: Mon Mar 02 17:31:17 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20200302173117059
735-88817698-71072b078bf7e52c34eb42ac72a
9b1e2893a6cf62cd92f87cb67bcdf1ae2567bd3-
CC-31145492-20200302172454973079