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: 88868862

Filing Date: 04/12/020

To the Commissioner for Trademarks:

MARK: SLEEP (stylized and/or with design, see mark)
The literal element of the mark consists of SLEEP. The applicant is not claiming color as a feature of the mark. The mark consists of a moon shape with a small circle set apart to the lower-right of the moon, with the word "SLEEP" in large letters and underscoring the shapes.
The applicant, BENDING SPOONS S.p.A., a società per azioni (spa) legally organized under the laws of Italy, having an address of
      Corso Como, 15
      Milano 20154
      Italy
      legal@bendingspoons.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 applications; downloadable mobile applications; mobile applications; software and applications for mobile devices; educational tablet applications featuring downloadable software; downloadable application and development software for mobile devices; recorded content in the nature of software; downloadable computer operating programs; downloadable computer software packages; downloadable interactive software; downloadable computer application software; downloadable mobile software; computer software applications, downloadable; computer software platforms, recorded or downloadable; downloadable software and application games; computer gaming software; education software

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 04/12/2019, and first used in commerce at least as early as 04/12/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshot from app store where a user can download the software.

Original PDF file:
SPE0-24175316-20200410125503633867_._Sleep_-_Apps_on_Google_Play.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

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 018218385, 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:  Programming of multimedia computer applications; hosting of multimedia computer applications; hosting of interactive computer applications; hosting of mobile computer applications; hosting of websites featuring computerized data, files, applications and information; providing temporary use of web-based applications featuring non-downloadable software; computer software design services; computer design services; design services of computer hardware; website design services; on-line computer services namely computer programming and hosting of websites; software development services; software design and development services; research and development of computer software; software development, programming and implementation services; design and development of computer software services; design and development services in relation to software in the field of mobile applications; providing a website featuring technology
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 018218385, 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: Russell C. Pangborn. Other appointed attorneys are E. Russell Tarleton, Kevin S. Costanza, Jared M. Barrett, Hayley J. Talbert, Syed Abedi, Duncan Stark, Marc C. Levy, Brooke W. Quist, Kevan L. Morgan, Stephen J. Rosenman, Bradley Zentz, Brigid C. Mahoney, David Chen, and Thomas A. Shewmake. Russell C. Pangborn of Seed IP Law Group 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
      Suite 5400
      701 Fifth Avenue
      Seattle, Washington 98104
      United States
      206-622-4900(phone)
      206-682-6031(fax)
      USTM.docketing@SeedIP.com
The docket/reference number is 140224.20015.
Russell C. Pangborn 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:

Russell C. Pangborn

PRIMARY EMAIL FOR CORRESPONDENCE: USTM.docketing@SeedIP.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 $550 has been submitted with the application, representing payment for 2 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: /Russell C. Pangborn/   Date: 04/10/2020
Signatory's Name: Pangborn, Russell C.
Signatory's Position: Attorney for Applicant, Washington State Bar Member
Payment Sale Number: 88868862
Payment Accounting Date: 04/13/2020

Serial Number: 88868862
Internet Transmission Date: Sun Apr 12 23:25:00 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202004122325005301
08-88868862-7108e7b9aa32c6954529ad34fd23
9d4533f7931782d42be5a2ed1a11c8fa92abfe-C
C-24577859-20200410182914672898