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: 88839374

Filing Date: 03/18/020

To the Commissioner for Trademarks:

MARK: SM (stylized and/or with design, see mark)
The literal element of the mark consists of SM. The color(s) blue is/are claimed as a feature of the mark. The mark consists of the blue stylized letters "SM" within a blue circle.
The applicant, SM Investments Corporation, a company organized under the laws of Philippines, having an address of
      10th Floor, ONE E-Com Center
      Harbor Drive, Mall of Asia Complex CBP-1
      Pasay City 1300
      Philippines
      tmclient@stoel.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 035:  Business management; business administration; administration of consumer loyalty programs; provision of an online marketplace for buyers and sellers of goods and services; online retail services; presentation of goods on communication media, for retail purposes; retail services; supermarket and departmental store retailing services; advisory; management of business offices for others; auditing services relating to property; business administration; office functions; administrative accounting services, rental accounting services, personnel management services, assistance services in management of business activities; advertising and marketing services; business appraisals; business organization consultancy; business research; commercial information agencies; marketing research; advertising; organization of trade fairs for commercial or advertising purposes, outdoor advertising; publicity; rental of advertising space; leasing of billboards;, information and consultancy services relating to all the aforesaid services
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 Hong Kong application number 305214447, filed 03/10/2020.
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 036:  Financial affairs; monetary affairs; real estate affairs; real estate management; capital and fund investment services; capital investment management; real estate investment financial portfolio management of residential and commercial real estate; leasing of commercial, industrial, retail and residential properties; management services relating to residential and commercial real estate; estate management of shopping malls; renting of offices, shops, property for restaurant, flats and apartments; real estate agency services; real property management preparation of financial reports relating to real estate; management of facilities for real estate and properties; mortgage broking services; real estate and property management; real estate appraisal, selection, acquisition, assessment, brokerage, leasing, renting, tendering, management and valuations; arranging of funds (financial services); investment advice; fund management; asset management and disposition; loan financing, real estate financing, real estate investment; real estate broking; housing agency services; housing agents; actuarial services; rent collection; accommodation (real estate) letting, rental and leasing agency; accommodation (real estate) management services; financial evaluation of real estate; rental management and rental collections; financial management services, financial evaluation services; securities and commodities exchange services; real estate insurance; real estate research services; financial sponsorship; financial analysis relating to real estate; tenant representation; real estate lease procurement; real estate lease renewals; managing multiple property leases for others; financial transactions related to real estate holdings of others; real estate lease negotiation and renegotiation services; real estate lease restructuring; disposition of real estate lease agreements for others; debt collection agencies; factoring; fiduciary; hire-purchase financing; trusteeship; purchase and sale of buildings; agencies or brokerage for purchase and sale of buildings; leasing of land; purchase and sale of land; agencies or brokerage for purchase or sales of land; research of history of real properties; issue of tokens of value; issuing of shopping vouchers and gift certificates; redemption of shopping vouchers and gift certificates; providing charge card and stored value prepaid card services, discount and loyalty card services; providing discount card services and other rebate services as part of a customer loyalty program; financial sponsoring of exhibitions and events for cultural and educational purposes; charitable fund raising; advisory, information and consultancy services relating to all the aforesaid services
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 Hong Kong application number 305214447, filed 03/10/2020.
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 041:  Education; providing of training; entertainment; sporting and cultural activities; organizing of conventions, conferences, seminars, classes and workshops and trade fairs for educational, training, entertainment, sporting, recreational or cultural purposes; conducting classes, seminars, conferences, and workshops in the fields of property management, leasing and rental management, security guards, property cleaning, repairs and maintenances; amusements; amusement arcade services; entertainment and recreation information; providing entertainment facilities; organization of events; organizing and conducting entertainment, cultural, artistic and educational events; club services (including entertainment, recreation, health, sport and education); presentation of live performances; production of shows; presentation of live games such as bingo; cinema services; providing theatre and cinema facilities; production of theatre performances; leisure centre services; operation of physical fitness centres; provision of physical exercise facilities; providing recreation facilities; organizing and conducting of recreational and cultural activities; leasing of exhibition facilities; art exhibition services; rental of audio and visual apparatus; amusement park services; cinema presentations; movie theatre presentations; entertainment information; organization of fashion shows for entertainment purposes; providing sports facilities; rental of stadium facilities; ticket agency services (entertainment); advisory, information and consultancy services relating to all the aforesaid services
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 Hong Kong application number 305214447, filed 03/10/2020.
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 043:  Accommodation and catering services; hotels; serviced apartments; dining and restaurant services; hiring of function rooms in hotels for conducting seminars; accommodation finding and accommodation agency services for holiday makers, tourists and travellers; temporary accommodation reservation services; travel agency services for booking and making accommodation and hotel reservations; provision of facilities for conferences, exhibitions and conventions; rental and booking of rooms and meeting rooms; rental of chairs, tables, table linen, glassware; reservation of hotel accommodation and meals; booking and providing hotel and temporary accommodation and restaurant places; booking services for hotels; providing meeting and event facilities; provision of restaurant facilities; booking of serviced apartments;; self service restaurants; coffee shop services; canteens; snack bars; tea room services; cafes; cafeterias; advisory, information and consultancy services relating to all the aforesaid services
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 Hong Kong application number 305214447, filed 03/10/2020.
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 owner's/holder's proposed attorney information: Joshua G. Gigger. Other appointed attorneys are Catherine Parrish Lake and Zachary J. Smart. Joshua G. Gigger of STOEL RIVES 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
      201 South Main Street, Suite 1100
      Salt Lake City, Utah 84111
      United States
      801-328-3131(phone)
      (801) 578-6999(fax)
      tm-slc@stoel.com

Joshua G. Gigger 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:

Joshua G. Gigger

PRIMARY EMAIL FOR CORRESPONDENCE: tm-slc@stoel.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Joshua G. Gigger/   Date: 03/18/2020
Signatory's Name: Joshua G. Gigger
Signatory's Position: Attorney of record, Utah bar member
Payment Sale Number: 88839374
Payment Accounting Date: 03/18/2020

Serial Number: 88839374
Internet Transmission Date: Wed Mar 18 17:41:49 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202003181741497
78916-88839374-710d2eb96736b49a6a5e79e96
73521f5ffbad2ab1d9f727bfa5a6a5f5b72fe26-
CC-41484420-20200318173116206439