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)

---

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: 88837866

Filing Date: 03/17/020

To the Commissioner for Trademarks:

MARK: TOEFL GOMENTOR! (Standard Characters, see mark)
The literal element of the mark consists of TOEFL GOMENTOR!. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Educational Testing Service, a non-profit corporation legally organized under the laws of New York, having an address of
      Rosedale Road
      Princeton, New Jersey 08541
      United States
      clkiedrowski@jonesday.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 in the nature of a mobile application for use in preparing for and practicing tests of English language proficiency; downloadable software in the nature of a mobile application for testing English language proficiency; downloadable electronic publications, namely, ebooks, study guides, review materials, practice exams, score reports, and downloadable audio and video recordings featuring test preparation materials for preparing for and practicing tests of English language proficiency; downloadable electronic publications, namely, ebooks, study guides, review materials, practice exams, score reports, and downloadable audio and video recordings for teacher training coursework in the field of language instruction and learning and English language proficiency; downloadable software for use by teachers and educators of English language learners that provides teachers and educators with access to instructional materials and classroom activities designed to personalize instruction for English language learners
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 016:  Books, informational brochures, pamphlets, circulars, instruction sheets, manuals, printed guides, research reports and newsletters, all in the field of English language proficiency testing; printed tests and printed answer sheets, all in the field of English language proficiency testing; educational books, paper teaching materials, study guides, workbooks and computer program manuals, all in the field of English language instruction and learning and English language proficiency test preparation; books, informational brochures, pamphlets, circulars, instruction sheets, manuals, printed guides, research reports and newsletters for teacher training coursework in the field of language instruction and learning and English language proficiency
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 041:  Educational services, namely, creating, administering, scoring and reporting an internet-based language proficiency test; providing professional development workshops in the field of English language learners, language instruction and English language proficiency testing; providing online and in-person courses and workshops for teachers and educators in the field of English language learners, language instruction and English language proficiency testing; providing test preparation services for tests of English language proficiency; providing online non-downloadable pre-recorded videos related to tests of English language proficiency; providing information relating to tests of English language proficiency and test administrations; providing on-line non-downloadable test preparation materials in the nature of ebooks, study guides, review materials, practice exams, score reports, and downloadable audio and video for preparing for and practicing tests of English language proficiency; educational services, namely, providing online and mobile application based placement tests in the field of English language proficiency
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 temporary use of non-downloadable on-line software for an internet-based language proficiency test; development and administration of an internet-based language proficiency test; providing temporary use of non-downloadable on-line software for use by teachers and educators of English language learners that provides teachers and educators with access to instructional materials and classroom activities designed to personalize instruction for English language learners
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: Carrie L. Kiedrowski. Other appointed attorneys are Anna E. Raimer, Angela R. Gott, Kerry A. Barrett. Carrie L. Kiedrowski of Jones Day, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      250 Vesey Street
      New York, New York 10281
      United States
      216-586-7129(phone)
      216-579-0212(fax)
      nytef@jonesday.com
The docket/reference number is 208888999146.
Carrie L. Kiedrowski 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:

Carrie L. Kiedrowski

PRIMARY EMAIL FOR CORRESPONDENCE: nytef@jonesday.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): clkiedrowski@jonesday.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 $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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Sheree Johnson-Gregory/   Date: 03/17/2020
Signatory's Name: Sheree Johnson-Gregory
Signatory's Position: Vice President, Deputy General Counsel & Chief Diversity Officer
Payment Sale Number: 88837866
Payment Accounting Date: 03/17/2020

Serial Number: 88837866
Internet Transmission Date: Tue Mar 17 17:59:07 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20200317175907
105115-88837866-710ca60861453ef4eb64fe26
b893578c2086b1223c17832318e27747946b2245
-DA-59062008-20200317171512814939