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: 90103632

Filing Date: 08/10/2020

To the Commissioner for Trademarks:

MARK: everest (stylized and/or with design, see mark)
The literal element of the mark consists of everest. The color(s) red and blue is/are claimed as a feature of the mark. The mark consists of an image of a red mountain and the word everest in blue letters.
The applicant, EVEREST.COM INC, a corporation of Texas, having an address of
      26619 Interstate 45
      The Woodlands, Texas 77380
      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 035:  Operating online marketplaces for sellers and buyers of goods and services; Online marketplace services for facilitating the sale of goods and services by others via a computer network; Customer loyalty program services featuring rewards in the form of discounted shipping services, early access to retail discounts and offers, and access to videos featuring outdoors and shooting sports content; Administration of a discount program enabling participants to obtain discounts on shipping services, early access to retail discounts and offers, and access to videos featuring outdoors and shooting sports content

In International Class 035, 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 01/10/2020, and first used in commerce at least as early as 01/10/2020, 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) annotated screenshots from webpages (URL and dates accessed included on each); webpages (URLs and dates accessed included on each).

Original PDF file:
SPE0-6619486254-202008041 65625162598_._Annotated_s creenshots_Everest_word_a nd_design.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Original PDF file:
SPE0-6619486254-202008041 65625162598_._wwweverestc om.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Original PDF file:
SPE0-6619486254-202008041 65625162598_._wwweverestc om_about-us.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-6619486254-202008041 65625162598_._wwweverestc om_caliber-account.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Original PDF file:
SPE0-6619486254-202008041 65625162598_._wwweverestc om_caliber-video.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPE0-6619486254-202008041 65625162598_._wwweverestc om_storefront.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6




The owner's/holder's proposed attorney information: Todd C. Basile. Other appointed attorneys are David J. Dykeman, Bethany A. Stokes, Roman Fayerberg, Fang Xie. Todd C. Basile of Greenberg Traurig LLP, 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 5200
      2200 Ross Avenue
      Dallas, Texas 75201
      United States
      214-665-3600(phone)
      214-665-3601(fax)
      gtipmail@gtlaw.com
The docket/reference number is 195182020101.
Todd C. Basile 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:

Todd C. Basile

PRIMARY EMAIL FOR CORRESPONDENCE: gtipmail@gtlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): basilet@gtlaw.com; hoffmanda@gtlaw.com; phillipsm@gtlaw.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 $275 has been submitted with the application, representing payment for 1 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: /Bill Voss/   Date: 08/08/2020
Signatory's Name: Bill Voss
Signatory's Position: President and CEO
Payment Sale Number: 90103632
Payment Accounting Date: 08/10/2020

Serial Number: 90103632
Internet Transmission Date: Mon Aug 10 12:42:28 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020081012422807
4487-90103632-7401fa99b68e5fa5f99fb4671a
f7321f8171c46e8d9a3dfa3d5aace9f251f2e7-D
A-42268219-20200807104700651691