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)

---

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: 90109249

Filing Date: 08/12/2020

To the Commissioner for Trademarks:

MARK: VIRTUALITY (Standard Characters, see mark)
The literal element of the mark consists of VIRTUALITY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, VirtualityEDU, LLC, a limited liability company legally organized under the laws of Florida, having an address of
      9182 Rhett Lane
      Weeki Wachee, Florida 34613
      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 009:  Downloadable documents in the fields of elementary, middle, high school, secondary, and college preparatory core academic subjects, student success skills, virtual teaching, virtual student learning, and lessons and activities to facilitate the virtual classroom learning environment provided via a website; Downloadable podcasts in the fields of elementary, middle, high school, secondary, and college preparatory core academic subjects, student success skills, virtual teaching, virtual student learning, and lessons and activities to facilitate the virtual classroom learning environment
Intent to Use: 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.

International Class 038:  Providing virtual streaming livecast videos in the fields of elementary, middle, high school, secondary, and college preparatory core academic subjects, student success skills, virtual teaching, virtual student learning, and lessons and activities to facilitate the virtual classroom learning environment
Intent to Use: 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.

International Class 041:  Providing a website featuring non-downloadable videos in the fields of elementary, middle, high school, secondary, and college preparatory core academic subjects, student success skills, virtual teaching, virtual student learning, and lessons and activities to facilitate the virtual classroom learning environment; Providing a website featuring information in the fields of elementary, middle, high school, secondary, and college preparatory core academic subjects, student success skills, virtual teaching, virtual student learning, and lessons and activities to facilitate the virtual classroom learning environment; Providing an Internet website portal featuring publications, news stories, training materials, quizzes, tests, and educational modules in the field of education, namely, elementary, middle, high school, secondary, and college preparatory core academic subjects, student success skills, virtual teaching, virtual student learning, and lessons and activities to facilitate the virtual classroom learning environment
Intent to Use: 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.

International Class 042:  Providing temporary use of non-downloadable web based educational application software that enables users to access an educational reference database in the fields of elementary, middle, high school, secondary, and college preparatory core academic subjects, student success skills, virtual teaching, virtual student learning, and lessons and activities to facilitate the virtual classroom learning environment
Intent to Use: 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.



The owner's/holder's proposed attorney information: Daniel Mullarkey. Other appointed attorneys are Tom Isaacson, Rachel Rice, Monica Gutierrez, Matthew Smith, Adam Weiss, Matt Todd, Laila Wolfgram, Philip Hampton, and other attorneys at the firm. Daniel Mullarkey of Polsinelli PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1401 I Street, NW, Suite 800, Polsinelli
      Washington, District of Columbia 20005
      United States
      202-626-8305(phone)
      uspt@polsinelli.com

Daniel Mullarkey 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:

Daniel Mullarkey

PRIMARY EMAIL FOR CORRESPONDENCE: uspt@polsinelli.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ahilton@polsinelli.com; dmullarkey@polsinelli.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 $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: /jsparker/   Date: 08/12/2020
Signatory's Name: Jeffrey S. Parker
Signatory's Position: Managing member
Payment Sale Number: 90109249
Payment Accounting Date: 08/12/2020

Serial Number: 90109249
Internet Transmission Date: Wed Aug 12 14:51:42 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2020081214514205
8274-90109249-7408f871cf87bc35e3bd4d32fd
f196e9b79da1702b11834a60575e981137c7-DA-
51418323-20200804223706109145