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: 88854910

Filing Date: 03/31/2020

To the Commissioner for Trademarks:

MARK: BRAIN POP (stylized and/or with design, see mark)
The literal element of the mark consists of BRAIN POP. The applicant is not claiming color as a feature of the mark. The mark consists of the literal element BRAIN in a stylized font design located above the literal element POP in a stylized font design.
The applicant, FWD Media, Inc., a corporation of Delaware, having an address of
      71 West 23rd Street
      New York, New York 10010
      United States
      XXXX

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 application software for mobile phones, portable media players, handheld computers, and other computers namely, software for use in academic study and learning, educational games and educational storage of data; Downloadable game programs.
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:  Printed instructional, teaching and educational materials, namely, lesson plans, exercise worksheets and handouts and reference materials used in connection with instruction of various subjects, namely, health, science, mathematics, art, music, language arts, health and technology instruction.
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:  Providing an online computer website that provides printable educational information in the fields of language arts, world history and culture, health, science, technology matters for the purpose of academic study and learning; educational interactive services, namely, instruction by providing live, website and online classes, workshop, and interactive lessons in the fields of health, science, mathematics, art, music, language arts, health and technology and distribution of course materials in connection therewith; production and distribution of interactive animated educational movies via the Internet; global computer network services, namely, providing online educational information in the fields of health, science, mathematics, art, music, language arts, and technology for the purpose of academic study and learning; Providing online non-downloadable game software; Providing online games for the purpose of academic study, learning and entertainment; Educational and entertainment services, namely, providing temporary use of non-downloadable games.
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 subscription based use of on-line non-downloadable educational software over a global computer network in the fields of science, mathematics, art, music, language arts, health and technology for the purpose of academic study and learning.
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: Alexander Bau, Esq.. Other appointed attorneys are Danielle Comanducci, Esq.. Alexander Bau, Esq. of Smith Gambrell & Russell 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
      21st Floor
      1301 Avenue of the Americas
      New York, New York 10019
      United States
      646-887-9519(phone)
      646-887-8151(fax)
      sbau@sgrlaw.com

Alexander Bau, Esq. 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:

Alexander Bau, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: sbau@sgrlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dcomanducci@sgrlaw.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: /dc/   Date: 03/31/2020
Signatory's Name: Attorney of record, New York bar member
Signatory's Position: Attorney of record, New York bar member
Payment Sale Number: 88854910
Payment Accounting Date: 03/31/2020

Serial Number: 88854910
Internet Transmission Date: Tue Mar 31 18:00:50 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2020033118005026
2204-88854910-7102af835d53228b3807cf58d2
d6d3c5f3a07be01e28fb1ce6e46327bd1180fde9
-CC-00482052-20200331174032070292