TEAS Plus New 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

TEAS Plus Application

Serial Number: 88939977

Filing Date: 05/29/020

To the Commissioner for Trademarks:

MARK: TestOut Server Pro 2016: Networking (Standard Characters, see mark)
The literal element of the mark consists of TestOut Server Pro 2016: Networking. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, TestOut Corporation, a corporation of Utah, having an address of
      Suite 1000
      15 W. South Temple
      Salt Lake City, Utah 84101
      United States
      801-785-7900(phone)
      XXXX
Domiciled at: 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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Educational services, namely, providing online instruction in the field of server networking via an online website; Educational examination services

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 06/26/2018, and first used in commerce at least as early as 06/26/2018, 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 TestOut's website showing the Server Pro 2016: Networking course description..
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 042:  Testing, analysis, and evaluation of the knowledge, skills and abilities of others in the field of server networking to determine conformity with certification standards

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 06/26/2018, and first used in commerce at least as early as 06/26/2018, 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 TestOut's website showing the Server Pro 2016: Networking course description and targeted certification.
Specimen File1


Miscellaneous Statement
A previous trademark was applied for recently that is very similar to this. However, TestOut is the owner of both marks. The application serial number is 88939932.

For informational purposes only, applicant's website address is: www.testout.com
The owner's/holder's proposed attorney information: Carson Heninger. Other appointed attorneys are Nickolas Rice. Carson Heninger of McKay, Burton & Thurman, 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 1000
      15 W. South Temple
      Salt Lake City, Utah 84101
      United States
      801-521-4135(phone)
      8015214252(fax)
      cheninger@mbt-law.com

Carson Heninger 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:

Carson Heninger

PRIMARY EMAIL FOR CORRESPONDENCE: cheninger@mbt-law.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nrice@mbt-law.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 $450 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: / Carson Heninger /   Date: 05/29/2020
Signatory's Name: Carson Heninger
Signatory's Position: Attorney of record
Signatory's Phone Number: 801-521-4135 x109
Payment Sale Number: 88939977
Payment Accounting Date: 05/29/2020

Serial Number: 88939977
Internet Transmission Date: Fri May 29 16:50:37 ET 2020
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-202005291650372
09902-88939977-7106c9e5598c34d7a4bf1389d
8c214d7f8a6ff1fbdce1059d11901d6f511bd0-C
C-50353681-20200529163845904556