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: 88901122

Filing Date: 05/05/020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) green is/are claimed as a feature of the mark. The mark consists of a heart shape with a solid center in varying shades of the color green.
The applicant, Microsoft Corporation, a corporation of Washington, having an address of
      One Microsoft Way
      Redmond, Washington 98052-6399
      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:  Software; Global positioning system (GPS); Global positioning system (GPS) apparatus; GPS tracking devices; GPS navigation device; GPS receivers; Vehicle mounted GPS sensor for determining the rate of motion for a vehicle; Computerized vehicle engine analyzers; Electronic speed controllers
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 Lesotho application number LS/M/2019/377, filed 11/20/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 038:  Telecommunications
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 Lesotho application number LS/M/2019/377, filed 11/20/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 042:  Design and development of computer software; non-downloadable software; providing non-downloadable software
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 Lesotho application number LS/M/2019/377, filed 11/20/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.





The owner's/holder's proposed attorney information: Matthew E. Moersfelder. Other appointed attorneys are Jeffrey A. Nelson; Lauren M. Schulz. Matthew E. Moersfelder of Davis Wright Tremaine 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
      920 Fifth Avenue, Suite 3300
      Seattle, Washington 98104
      United States
      206-757-8014(phone)
      206-757-7014(fax)
      mstm@dwt.com
The docket/reference number is 25936-T1627.
Matthew E. Moersfelder 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:

Matthew E. Moersfelder

PRIMARY EMAIL FOR CORRESPONDENCE: mstm@dwt.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket-mstm@dwt.com; brendanixdorf@dwt.com; maryhadley@dwt.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: /Lauren M. Schulz/   Date: 05/04/2020
Signatory's Name: Lauren M. Schulz
Signatory's Position: Attorney for Applicant, WA Bar Member
Payment Sale Number: 88901122
Payment Accounting Date: 05/05/2020

Serial Number: 88901122
Internet Transmission Date: Tue May 05 12:43:02 ET 2020
TEAS Stamp: USPTO/BAS-XX.X.XXX.XX-202005051243022767
04-88901122-7103bdc26d6d8d0e53ef29c8daf7
e7c3f4c16085e52169f3d8876d3bf5214f8a88-D
A-43018042-20200504171232596700