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: 88855022

Filing Date: 03/31/020

To the Commissioner for Trademarks:

MARK: EX (stylized and/or with design, see mark)
The literal element of the mark consists of EX. The applicant is not claiming color as a feature of the mark. The mark consists of a stylized letter E and stylized letter X.
The applicant, Deutsche Börse AG, a aktiengesellschaft legally organized under the laws of Germany, having an address of
      Mergenthalerallee 61
      Eschborn 65760
      Germany
      uspto@kelly-ip.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:  Compiling databases for others in connection with services of a financial exchange and financial 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 European Union Trademark - EUTM application number 018218601, filed 03/31/2020.
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 services, in particular conducting a derivatives exchange and conducting a derivatives OTC (over-the-counter) trading platform; stock exchange services; banking services; financial clearinghouse services; financial brokerage services; securities brokerage services; financial risk management services relating to investment portfolios; derivatives exchange quotation services; derivatives OTC (over-the-counter) trading platform quotation services; providing and updating a financial index of securities, options and futures values, and classification, analysis and reporting thereof; providing online electronic databases in the field of financial services, derivatives exchanges and a derivatives OTC (over-the-counter) trading platform, banking services and financial clearinghouse services; information and advisory services relating to financial clearinghouse services, financial risk management services, and banking 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 European Union Trademark - EUTM application number 018218601, filed 03/31/2020.
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 042:  Computer programming and updating of computer programs in connection with financial exchange and trading services and financial services; rental of computer programs and computer databases in connection with financial exchange and trading services and financial service; Providing of electronic platforms for communication and exchanging data and information in relation to financial trading; Software as a Service; Creating and updating of computer programs, database software and software for internet platforms; Platform as a Service; Compilation of databases relating to financial 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 European Union Trademark - EUTM application number 018218601, filed 03/31/2020.
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: David M. Kelly. David M. Kelly of Kelly IP, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 300
      1300 19th Street, NW
      Washington, District of Columbia 20036
      United States
      202-808-3570(phone)
      202-354-5232(fax)
      docketing@kelly-ip.com
The docket/reference number is 13077.0034.
David M. Kelly 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:

David M. Kelly

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@kelly-ip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david.kelly@kelly-ip.com; kelly.kurtz@kelly-ip.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 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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Payment Sale Number: 88855022
Payment Accounting Date: 03/31/2020

Serial Number: 88855022
Internet Transmission Date: Tue Mar 31 19:08:52 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20200331190852445
357-88855022-71025d9ad94189caf106b36e542
df5b246beec68ab7f7286fd341978e23e12243-C
C-08512957-20200331190740500946