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: 88873779

Filing Date: 04/15/020

To the Commissioner for Trademarks:

MARK: GRIZZLY (Standard Characters, see mark)
The literal element of the mark consists of GRIZZLY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, GRIZZLY SOFTWARE LIMITED, a limited company (ltd.) legally organized under the laws of New Zealand, having an address of
      OneNet Ltd, 161 Jervois Road, Herne Bay
      Auckland 1011
      New Zealand
      +64-93582222(phone)
      +64 9 307 0331(fax)
      trademarks@simpsongrierson.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:  Software for evaluation, analysis and calculation of business and product profitability; software for use in risk assessment, information security, business analysis, audit and audit planning, and sales management; software for evaluation, analysis and calculation of business data; software for financial accounting; software for commercial analysis and reporting; software for importing and managing business data.

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 New Zealand application number 1138261, filed 01/06/2020.
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:  Design, development, maintenance, rental, and provision of software for evaluation, analysis and calculation of business and product profitability; design, development, maintenance, rental, and provision of software for use in risk assessment, information security, business analysis, audit and audit planning, and sales management; design, development, maintenance, rental, and provision of software for evaluation, analysis and calculation of business data; design, development, maintenance, rental, and provision of software for financial accounting; design, development, maintenance, rental, and provision of software for commercial analysis and reporting; design, development, maintenance, rental, and provision of software for importing and managing business data; consultancy, advisory, and information services in relation to all the aforementioned 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 New Zealand application number 1138261, filed 01/06/2020.
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.




For informational purposes only, applicant's website address is: www.grizzlysoftware.com

The owner's/holder's proposed attorney information: Jeffery M. Lillywhite. Other appointed attorneys are Joseph Pia, Robert Aycock. William Chadwick. Jeffery M. Lillywhite of Pia Anderson Moss Hoyt, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      136 E. SOUTH TEMPLE, 19TH FLOOR
      SALT LAKE CITY, Utah 84111
      United States
      801-350-9019(phone)
      8013509010(fax)
      jlillywhite@pamhlaw.com

Jeffery M. Lillywhite 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:

Jeffery M. Lillywhite

PRIMARY EMAIL FOR CORRESPONDENCE: jlillywhite@pamhlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): angie@jmlpc.com; trademarks@pamhlaw.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 $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: /jeffery m lillywhite/   Date: 04/15/2020
Signatory's Name: Jeffery M. Lillywhite
Signatory's Position: Attorney of record, UT bar member
Payment Sale Number: 88873779
Payment Accounting Date: 04/15/2020

Serial Number: 88873779
Internet Transmission Date: Wed Apr 15 21:51:59 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020041521515978
3122-88873779-710a2dce539c5ba76c06effd5a
df97b3fbaac48a59a3f01e2258a27016d2d511ac
-CC-51581781-20200415213300222402