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: 88929598

Filing Date: 05/22/020

To the Commissioner for Trademarks:

MARK: AWESOME (Standard Characters, see mark)
The literal element of the mark consists of AWESOME. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, SmugMug, Inc., a corporation of Delaware, having an address of
      67 E Evelyn Ave, Suite 200
      Mountain View, California 94041
      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 software for use in database management; computer software for uploading, manipulating, and enhancing digital content, documents, photographs, images, video, and audio; computer software for linking metadata tags with photographic and other media files to enable search engine retrieval and database software collections of files and their on-line sharing, and for linking metadata tags with web pages visited, to create links which users can maintain for themselves and share with on-line groups and website tagging; Computer application software for mobile phones, smart phones, tablet computers, and handheld computers, namely, software for editing, enhancing, and sharing digital photographs; computer application software for mobile phones, smart phones, tablet computers, and handheld computers, namely, software for creating and sharing photo and video galleries; computer software for editing, enhancing, and sharing digital photographs; computer software for creating and sharing groups of digital items, photo galleries, and video galleries; computer software for enhancing the camera and video functionality on mobile and smart phones; computer software to enable the transmission of photographs and videos to and from mobile phones and smart phones; Computer software for providing computer vision technologies, including facial recognition, face clustering, face verification, face identification, behavior recognition, object recognition, image content identification, and other computer vision features and functions
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 035:  Distributing advertising for others via an online electronic communications network; Online retail store services featuring photos, photo albums and photo frames; online retail store services featuring general consumer merchandise, some of which can be imprinted with selected digital photographs, images, and text; providing online market reports, studies and information relating to business matters in the nature of reports that track online photo and video gallery viewing details and internet user traffic; online retail store services featuring general consumer merchandise, puzzles, mugs, clothing, hats, undergarments, aprons, tote bags and bags, toy flying discs, stickers, coasters, calendars, key chains, pin buttons, magnets, cards, photocards, postcards, and general consumer merchandise, some of which can be imprinted with selected digital photographs, images and text; providing online market reports, studies and information relating to business matters in the nature of reports that track online photo and video gallery viewing details and internet user traffic
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 038:  Communication services by electronic computer terminals and cell phones; telecommunication services by e-mail electronic mail services; electronic transmission of messages, images, and via computer terminals and cell phones including applications and web browsers; providing online forums for discussion and electronic bulletin/message boards for transmission of messages among users in the field of general interest; providing on-line electronic bulletin boards for transmission of messages among computer users concerning personal photographs; Providing online chat rooms and electronic bulletin boards for transmission of messages among users in the fields of photography and videography
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 039:  Electronic storage of digital content including text, photographs, images, video, and audio
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 040:  Digital enhancement of photographs; alteration and/or retouching of photographic images
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:  Online journals, namely, blogs concerning topics of general interest to the blogger; photography services; Providing on-line journals, namely, online blogs featuring photographs and information about photography, travel and topics of general interest
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 temporary use of on-line non-downloadable software for downloading, uploading, transferring, sharing, ranking, evaluating, critiquing, emailing, licensing, editing, cropping, correcting, rotating, watermarking, protecting, pricing, valuing, evaluating, and storing digital photos and videos; providing temporary use of on-line non-downloadable software for creating photo and video galleries; providing temporary use of on-line non-downloadable software for creating and hosting web sites; hosting of digital content, photographs and videos on the internet; providing customized on-line web pages featuring user-defined information, which includes photographs, videos, text, search engines and on-line web links to other web sites; computer services, namely, providing search engines for obtaining data and searching for digital photographs, videos and content; computer services, namely, designing and implementing on demand web sites in the nature of turnkey packages allowing customers to create ecommerce web sites in the fields of photography, videos and digital content; providing temporary use of on-line non-downloadable software for designing and implementing on demand web sites in the nature of turnkey packages allowing customers to create ecommerce web sites in the fields of photography, videos and digital content; providing temporary use of on-line non-downloadable software for managing events; remote online backup of computer data; application service provider featuring interactive software for downloading, uploading, transferring, sharing, ranking, evaluating, critiquing, emailing, licensing, and storing digital photos and videos; application service provider featuring interactive software for creating photo and video galleries; Application service provider featuring application programming interface (api) software for providing computer vision technologies, including facial recognition, face clustering, face verification, face identification, behavior recognition, object recognition, image content identification, and other computer vision features and functions
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 045:  Online social networking 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.



The owner's/holder's proposed attorney information: Miya Yusa. Miya Yusa of Polsinelli LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Three Embarcadero Center, Suite 2400
      San Francisco, California 94111
      United States
      TMSanFrancisco@polsinelli.com
The docket/reference number is 107921657656.
Miya Yusa 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:

Miya Yusa

PRIMARY EMAIL FOR CORRESPONDENCE: TMSanFrancisco@polsinelli.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): uspt@polsinelli.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 $2200 has been submitted with the application, representing payment for 8 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: /dimitra alexopoulos/   Date: 05/21/2020
Signatory's Name: Dimitra Alexopoulos
Signatory's Position: Lead Counsel
Payment Sale Number: 88929598
Payment Accounting Date: 05/22/2020

Serial Number: 88929598
Internet Transmission Date: Fri May 22 14:26:17 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2020052214261776
1414-88929598-710687c3c39472ee1a31a53295
2ef16f94d3854eb955e4a2c212788238edd02f4-
DA-26173946-20200521162828070763