Post Publication Amendment

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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88977381 TEN PERCENT HAPPIER(Standard Characters, see http://uspto.report/TM/88977381/mark.png) has been amended as follows:

EXPLANATION OF FILING
Applicant originally described its software as "recorded" in error. A more accurate description of the software is "downloadable." Thank you.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Recorded computer application software for mobile phones, namely, software for providing access to information about and assisting with meditation and mindfulness
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage 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.

In International Class 009, the mark was first used at least as early as 03/09/2020 and first used in commerce at least as early as 03/09/2020.

Proposed:
Tracked Text Description: Recorded computer application software for mobile phones, namely, software for providing access to information about and assisting with meditation and mindfulness; computer application software for mobile phones, namely, software for providing access to information about and assisting with meditation and mindfulnessClass 009 for computer application software for mobile phones, namely, software for providing access to information about and assisting with meditation and mindfulness
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage 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.

In International Class 009, the mark was first used at least as early as 03/09/2020 . and first used in commerce at least as early as 03/09/2020 .
Correspondence Information (current):
      Marc S. Reiner
      PRIMARY EMAIL FOR CORRESPONDENCE: mreiner@hballp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@hballp.com
Correspondence Information (proposed):
      Marc S. Reiner
      PRIMARY EMAIL FOR CORRESPONDENCE: mreiner@hballp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@hballp.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)

Signature: /MARC S REINER/     Date: 05/19/2020
Signatory's Name: Marc S. Reiner
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 2122952719

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:    Marc S. Reiner
   HAND BALDACHIN & ASSOCIATES LLP
   
   8 WEST 40TH STREET, 12TH FLOOR
   NEW YORK, New York 10018
Mailing Address:    Marc S. Reiner
   HAND BALDACHIN & ASSOCIATES LLP
   8 WEST 40TH STREET, 12TH FLOOR
   NEW YORK, New York 10018
        
Serial Number: 88977381
Internet Transmission Date: Tue May 19 12:20:00 ET 2020
TEAS Stamp: USPTO/PPA-XXX.XX.XX.XX-20200519122000903
203-88977381-710b04812f036d8ac5a9a4cf78b
d351859cde375ca0138a97ed7c1268f1c81fed2-
N/A-N/A-20200519121321196230