Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: OCEANPROFILE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88041037/large)
SERIAL NUMBER: 88041037
An Extension of Time form is being filed with the Allegation of Use.



The applicant, GXI, LLC, having an address of
      1209 Orange Street
      Wilmington, Delaware 19801
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Downloadable software application programs for use by cruise passengers on mobile phones, cellular phones, handheld computers, smart telephones, PC tablets, personal digital assistants, mobile computers, computers, flat panel display screens and large screen displays, enabling digital interaction for use in booking cruises, making reservations for shipboard dining, entertainment, theater, movies, beauty and spa services and tours, making reservations for shoreside dining, entertainment, transportation and tours, confirming and checking in for booked cruise, communicating with cruise passengers and crew on booked cruise, permitting access to booked cruise ship and stateroom, allowing payment for booked cruise, dining, entertainment, theater, movies, beauty and spa services, cruise destination tours and cruise line services and products, and redeeming coupons, points and awards for cruise line services and reservations, identifying cruise port destinations; computer application software for mobile phones, cellular phones, handheld computers, smart telephones, PC tablets, personal digital assistants, mobile computers, computers, flat panel display screens and large screen displays enabling users to design virtual personas for interaction with shipboard digital locations; Downloadable Software application programs for use by cruise ship employees, officers, crew and service personnel on mobile phones, cellular phones, handheld computers, smart telephones, PC tablets, personal digital assistants, mobile computers, computers, flat panel display screens and large screen displays enabling digital interaction for purposes of servicing cruise passengers, maintaining work schedules, job training and certification, communicating with cruise line and cruise ship employees, officers, crew, service personnel and passengers, facilitation of customer relationship management and permitting access to designated shipboard rooms and areas; Computer game software for gambling machines; Electronic and interactive game software

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 028:
Current identification: Gaming machines, namely, devices which accept a wager; video gaming consoles for gambling; gambling machines

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 035:
Current identification: Arranging personal appearances by persons working in the field of cruise transportation and activities, gaming, food preparation, tours, cruise destinations, cruise ship construction and cruise itineraries; Providing advertising, marketing and promotional services, namely, development of advertising campaigns for cruise lines; Providing television shopping services in the field of cruise transportation and services, general merchandise, cruise selection and booking

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 036:
Current identification: Facilitating and arranging for the payment by passengers of cruise fares, baggage handling, beauty and spa services, dining reservations, shoreside tours, shipboard shop purchases, shipboard and shoreside delivery services, shipboard and shoreside orders for services, events and merchandise by means of establishing funded accounts for use by cruise passengers and employees to purchase goods or services while on-board cruise vessels

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 038:
Current identification: Broadcast of television programs by satellite and digitally in the fields of cruise lifestyle, food preparation, cruise activities, cruise ambiance and decor and cruise tours and destinations and cruise ship news information; Broadcasting of ongoing televised program segments about cruise lifestyle, food preparation, cruise activities, cruise ambiance and decor, cruise tours and destinations and cruise ship news information accessible by means of television, satellite, digital large-panel display units; Streaming of ongoing televised program segments about cruise lifestyle, food preparation, cruise activities, cruise ambiance and decor, cruise tours and destinations and cruise ship news information accessible by means of web-based applications, mobile phone applications and computer networks

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 039:
Current identification: Making reservations and bookings for shoreside transportation; Making transportation reservations and bookings for cruises, cruise destination visits and tours, and cruise transportation related to shipboard weddings and honeymoons; Transportation services, namely, baggage transportation from home or airport to cruise port, baggage check-in services for cruise departure and baggage transportation from cruise port to home or airport; Transportation reservation services

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 041:
Current identification: Educational and entertainment services, namely, producing and scheduling ongoing televised program segments about cruise lifestyle, food preparation, cruise activities, cruise ambiance and decor, cruise tours and destinations and cruise ship news information accessible by means of television, satellite, digital large-panel display units; Entertainment services, namely, producing television programs in the fields of cruise lifestyle, food preparation, cruise activities, cruise ambiance and decor, cruise tours and destinations and cruise ship news information made available by television, cable and streaming on the Internet; Entertainment services, namely, contest and incentive award programs designed to reward cruise passengers who submit the greatest number of pre-arrival and pre-departure information, reservations and orders via specified mobile or computer software applications; Entertainment services, namely, casino services, organizing and conducting stage shows, nightclub shows, contests, dances and parties; Night clubs; Photography services; Providing temporary use of non-downloadable software application programs for gambling and gaming

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 042:
Current identification: Providing temporary use of non-downloadable software application programs for use by cruise passengers and accessible on mobile phones, cellular phones, handheld computers, smart telephones, PC tablets, personal digital assistants, mobile computers, computers, flat panel display screens and large screen displays, enabling digital interaction for use in booking cruises, making reservations for shipboard dining, entertainment, theater, movies, beauty and spa services and tours, making reservations for shoreside dining, entertainment, transportation and tours, confirming and checking in for booked cruise, communicating with cruise passengers and crew on booked cruise, permitting access to booked cruise ship and stateroom, allowing payment for booked cruise, dining, entertainment, theater, movies, beauty and spa services, cruise destination tours and cruise line services and products, and redeeming coupons, points and awards for cruise line services and reservations, identifying cruise port destinations; Providing temporary use of non-downloadable software application programs for use by cruise ship employees, officers, crew and service personnel and accessible on mobile phones, cellular phones, handheld computers, smart telephones, PC tablets, personal digital assistants, mobile computers, computers, flat panel display screens and large screen displays enabling digital interaction for purposes of servicing cruise passengers, maintaining work schedules, job training and certification, communicating with cruise line and cruise ship employees, officers, crew, service personnel and passengers, facilitating of customer relationship management and permitting access to designated shipboard rooms and areas

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: Providing temporary use of non-downloadable software application programs for use by cruise ship employees, officers, crew and service personnel and accessible on mobile phones, cellular phones, handheld computers, smart telephones, PC tablets, personal digital assistants, mobile computers, computers, flat panel display screens and large screen displays enabling digital interaction for purposes of servicing cruise passengers, maintaining work schedules, job training and certification, communicating with cruise line and cruise ship employees, officers, crew, service personnel and passengers, facilitating of customer relationship management and permitting access to designated shipboard rooms and areas

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Providing temporary use of non-downloadable software application programs for use by cruise passengers and accessible on mobile phones, cellular phones, handheld computers, smart telephones, PC tablets, personal digital assistants, mobile computers, computers, flat panel display screens and large screen displays, enabling digital interaction for use in booking cruises, making reservations for shipboard dining, entertainment, theater, movies, beauty and spa services and tours, making reservations for shoreside dining, entertainment, transportation and tours, confirming and checking in for booked cruise, communicating with cruise passengers and crew on booked cruise, permitting access to booked cruise ship and stateroom, allowing payment for booked cruise, dining, entertainment, theater, movies, beauty and spa services, cruise destination tours and cruise line services and products, and redeeming coupons, points and awards for cruise line services and reservations, identifying cruise port destinations
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/01/2018, and first used in commerce at least as early as 12/01/2018, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Log-in screen.

Original PDF file:
SPN7-9929227193-20200108094550353856_._OceanProfile_-_website.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 043:
Current identification: Making reservations for shipboard and land-based activities and amenities, namely, restaurant and hotel reservations, for others; Making reservations and bookings for shipboard restaurants for others; Making reservations and bookings for hotel accommodations for others; Bar and cocktail lounge services; Restaurant services

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 044:
Current identification: Making reservations for shipboard and land-based activities and amenities, namely, spa and beauty salon services, for others; Making reservations and bookings for others for health, physical, cosmetic and beauty treatments at health spas; Health spa services, namely, body and skin care services; beauty salon services

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: "Providing temporary use of non-downloadable software application programs for use by cruise passengers and accessible on mobile phones, cellular phones, handheld computers, smart telephones, PC tablets, personal digital assistants, mobile computers, computers, flat panel display screens and large screen displays, enabling digital interaction for use in booking cruises, making reservations for shipboard dining, entertainment, theater, movies, beauty and spa services and tours, making reservations for shoreside dining, entertainment, transportation and tours, confirming and checking in for booked cruise, communicating with cruise passengers and crew on booked cruise, permitting access to booked cruise ship and stateroom, allowing payment for booked cruise, dining, entertainment, theater, movies, beauty and spa services, cruise destination tours and cruise line services and products, and redeeming coupons, points and awards for cruise line services and reservations, identifying cruise port destinations," in Class 42
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Classes 9, 28, 35, 39, 41, "Providing temporary use of non-downloadable software application programs for use by cruise ship employees, officers, crew and service personnel and accessible on mobile phones, cellular phones, handheld computers, smart telephones, PC tablets, personal digital assistants, mobile computers, computers, flat panel display screens and large screen displays enabling digital interaction for purposes of servicing cruise passengers, maintaining work schedules, job training and certification, communicating with cruise line and cruise ship employees, officers, crew, service personnel and passengers, facilitating of customer relationship management and permitting access to designated shipboard rooms and areas," in Class 42, and Class 43

The applicant's current attorney information: Jaime Rich Vining. Jaime Rich Vining of FRIEDLAND VINING, P.A., is located at

      9100 S. DADELAND BLVD., SUITE 1620
      MIAMI, Florida 33156
      United States

The phone number is 305-777-1720.

The fax number is (305) 456-4922.

The email address is trademarks@friedlandvining.com

The applicants proposed attorney information: Jaime Rich Vining. Other appointed attorneys are David K. Friedland. Jaime Rich Vining of FRIEDLAND VINING, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      9100 S. DADELAND BLVD., SUITE 1620
      MIAMI, Florida 33156
      United States

The phone number is 305-777-1720.

The fax number is (305) 456-4922.

The email address is trademarks@friedlandvining.com

Jaime Rich Vining 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: JAIME RICH VINING. JAIME RICH VINING of FRIEDLAND VINING, P.A., is located at

      9100 S. DADELAND BLVD., SUITE 1620
      MIAMI, Florida 33156
      United States

The phone number is 305-777-1720.

The fax number is (305) 456-4922.

The email address is trademarks@friedlandvining.com

The applicants proposed correspondence information: JAIME RICH VINING. JAIME RICH VINING of FRIEDLAND VINING, P.A., is located at

      9100 S. DADELAND BLVD., SUITE 1620
      MIAMI, Florida 33156
      United States

The phone number is 305-777-1720.

The fax number is (305) 456-4922.

The email address is trademarks@friedlandvining.com; JRV@friedlandvining.com; DKF@friedlandvining.com

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.

A fee payment in the amount of $275 will be submitted with the form, representing payment for the new application fee for 1 class. submitted with the form, representing payment for the new application fee for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Jaime Rich Vining/      Date Signed: 01/08/2020
Signatory's Name: Jaime Rich Vining
Signatory's Position: Attorney of record, Florida bar member
Signatory's Phone: (305) 777-1720

Request to Divide Signature


Signature: /Jaime Rich Vining/    Date: 01/08/2020
Signatory's Name: Jaime Rich Vining
Signatory's Position: Attorney of record, Florida bar member

Signatory's Phone: (305) 777-1720

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.


Mailing Address:
   FRIEDLAND VINING, P.A.
   
   9100 S. DADELAND BLVD., SUITE 1620
   MIAMI, Florida 33156

RAM Sale Number: 88041037
RAM Accounting Date: 01/08/2020

Serial Number: 88041037
Internet Transmission Date: Wed Jan 08 09:53:00 EST 2020
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XXX-2020010809530030
0215-88041037-700e36762e9fa93bfe1adf95ab
4f748aba2ff632a4034a3d9e614b38282fa42b6-
CC-52582113-20200108094550353856