TEAS RF 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

Serial Number: 88157628

Filing Date: 10/16/2018

To the Commissioner for Trademarks:

MARK: VIZIO SMARTCAST (Standard Characters, see mark)
The literal element of the mark consists of VIZIO SMARTCAST.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, VIZIO, Inc., a corporation of California, having an address of
      39 Tesla
      Irvine, California 92618
      United States

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 controlling and enabling the streaming of audio, visual and multimedia content in the nature of television programs, movies, music, videos, sports, cultural programs and news via global communications networks; software for controlling, searching, accessing, displaying, organizing and recommending audio, visual and multimedia content

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 03/00/2016, and first used in commerce at least as early as 03/00/2016, 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) Product packaging depicting the mark.
Specimen File1

       International Class 041:  Providing information in the field of entertainment via a global communications network streaming system regarding television programs, movies, music, videos, sports, cultural programs and news; entertainment services, namely, distribution of television programs, movies, music, videos, sports, cultural programs and news to streaming television systems

In International Class 041, 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 03/00/2016, and first used in commerce at least as early as 03/00/2016, 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) Online advertising depicting the mark in connection with the services.
Specimen File1

       International Class 042:  Developing and managing application software for delivery of audio, visual and multimedia content in the nature of television programs, movies, music, videos, sports, cultural programs and news via global communications networks; providing temporary use of online, non-downloadable software for use in streaming audio, visual and multimedia content in the nature of television programs, movies, music, videos, sports, cultural programs and news; providing temporary use of online, non-downloadable software for searching, accessing, displaying, organizing and recommending audio, visual and multimedia content

In International Class 042, 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 03/00/2016, and first used in commerce at least as early as 03/00/2016, 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) Online advertising depicting the mark in connection with the services.
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3235417, 3835959, 4053025, and others.

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

The applicant's current Attorney Information:
      Carlo F. Van den Bosch and Brian Daucher, Gazal Pour-Moezzi, Michelle Wisniewski of Sheppard Mullin Richter & Hampton LLP
      Fourth Floor
      650 Town Center Drive
      Costa Mesa, California 92626
      United States
      714-513-5100(phone)
      (714) 513-5130(fax)
      uspto-tm-oc@sheppardmullin.com (authorized)
The attorney docket/reference number is 47ZF-xxxxxx.

The applicant's current Correspondence Information:

Carlo F. Van den Bosch

Sheppard Mullin Richter & Hampton LLP

Fourth Floor       650 Town Center Drive

Costa Mesa, California 92626

714-513-5100(phone)

(714) 513-5130(fax)

uspto-tm-oc@sheppardmullin.com;cvandenbosch@sheppardmullin.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

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 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 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 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: /cfv/   Date: 10/16/2018
Signatory's Name: Carlo F. Van den Bosch
Signatory's Position: Attorney of record, California bar member
Payment Sale Number: 88157628
Payment Accounting Date: 10/17/2018

Serial Number: 88157628
Internet Transmission Date: Tue Oct 16 19:15:52 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201810161915526
41875-88157628-610d2ca7c2890336f6b05c4fc
61032bd99515e0852622726713bc7c9afedf6cb-
DA-6137-20181016190350104500