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: 90105678

Filing Date: 08/11/2020

To the Commissioner for Trademarks:

MARK: ETAM (Standard Characters, see mark)
The literal element of the mark consists of ETAM. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, NUMERIS, a corporation of Canada, having an address of
      1500 Don Mills Road 3rd Floor
      Don Mills
      Ontario M3B3L7
      Canada
      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 009:  Downloadable computer software for maintaining and providing third party access to databases containing information on television programming, advertising and media research information, demographic information, and television rating information; downloadable software for use in collecting information about the transmission and reception of signals and their content delivered via over-the-air broadcast, cable, satellite, and a global computer network, and the listening, viewing, and usage habits of signal receiving audiences

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 2042400, filed 07/28/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 035:  : Audience rating determination for television broadcasts, namely, compiling and analyzing statistics for determining audience ratings of television programs; providing reports containing data and information namely programming, advertising and media research information, demographic information, media rating information, Internet and computer usage information, and product purchase and usage information; measurement of circulation, coverage and audience of all types of advertising on television; market research services, namely, media research services relating to the listening, viewing and usage habits of persons who may receive television programming content being measured by a variety of means namely over the air transmission, cable, satellite, mobile internet, fixed internet; collecting, analyzing and providing information about characteristics of audiences of television programming content, including programming rating reports, media research relating to audience use and viewing of commercials and programming regardless of signal transmission means and/or receiving means, and demographic data regarding the content receiving audiences; market research services namely collecting and analyzing information about television and cable media content and providing such information and access to such information to third parties

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 2042400, filed 07/28/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 038:  providing third party access to databases containing information on programming, advertising, demographic, television ratings and consumer behavior

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 2042400, filed 07/28/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Providing non-downloadable online software tool for the analysis of geographic and demographic characteristics, socioeconomic visualization, consumer behaviour and television ratings; Maintaining third party access to databases containing information on programming, advertising, demographic, television ratings and consumer behavior

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 2042400, filed 07/28/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



Significance of wording, letter(s), or numeral(s)
ETAM appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services listed in the application, or any geographical significance.


The owner's/holder's proposed attorney information: Michelle Levin. Other appointed attorneys are the attorneys of Leason Ellis LLP. Michelle Levin of Leason Ellis 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
      One Barker Avenue, Fifth Floor
      White Plains, New York 10601
      United States
      914-821-3073(phone)
      914 288-0023(fax)
      tmdocket@leasonellis.com
The docket/reference number is 10910/314254.
Michelle Levin 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 hereby appoints Michelle Levin of Leason Ellis LLP
      One Barker Avenue, Fifth Floor
      White Plains New York 10601
      United States
      914-821-3073(phone)
      914 288-0023(fax)
      tmdocket@leasonellis.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Michelle Levin

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@leasonellis.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $1100 has been submitted with the application, representing payment for 4 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: /Jacques Gaboury/   Date: 08/10/2020
Signatory's Name: Jacques Gaboury
Signatory's Position: Vice President, Legal and General Counsel
Payment Sale Number: 90105678
Payment Accounting Date: 08/11/2020

Serial Number: 90105678
Internet Transmission Date: Tue Aug 11 08:44:03 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202008110844030287
01-90105678-740661139a63aae3011f8b5baeed
7ca2b4ad29c4dd152e8dd932134137e028c4f0-C
C-44018475-20200731104722222125