TEAS Plus New 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

TEAS Plus Application

Serial Number: 90175242

Filing Date: 09/11/2020

To the Commissioner for Trademarks:

MARK: Createher (stylized and/or with design, see mark)
The literal element of the mark consists of Createher. The applicant is not claiming color as a feature of the mark. The mark consists of The mark consists of the words "Create" and ; "her" combined into one word. The "C" is capitalized, and features a dotted spiral, and the "reateher" are all in text. the letters of "her" is in contrasting/ highlighted color.
The applicant, Cina Harrison, Maria, DBA CreateHer Inc., a corporation of California, having an address of
      13221 Chandler Blvd
      Sherman Oaks, California 91401
      United States
      323-573-0335(phone)
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Educational and entertainment services, namely, a continuing program about women's empowerment accessible by means of social media, phone apps, web-based private group, e-courses, podcast, online video, television, and live events; Educational and entertainment services, namely, providing motivational and educational speakers in the field of self- and personal improvement; Educational and entertainment services, namely, providing motivational speaking services in the field of women's empowerment; Entertainment and educational services, namely, the presentation of seminars, lectures, workshops and panel discussions, and ongoing television and radio talk shows all in the field of public interest concerning women's empowerment; Entertainment and educational services, namely, the presentation of seminars, workshops and panel discussions, and ongoing television and radio shows all in the field of women's empowerment; Information relating to entertainment and education provided on-line from a computer database or the internet

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/12/2017, and first used in commerce at least as early as 04/14/2017, 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) 1) web archive of the www.createher.com website, launched on the Wix Platform, which clearly displays the publish date and name: Createher, with a dotted spiral "C" and the lowercase letters "reateher" as one word, with the letters "her" in a contrasting color. 2)Facebook launch post from 4/12/2017: page ID1703031293046024 http://www.facebook.com/CreateHerLA 3) Invitation to inaugural live event in May 2017 4)photo of attendees in front of Createher marked banner, at inaugural event in May of 2017. 5) Articles of Incorporation of CreateHer Inc. in the State of California from July 2, 2018.
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-1-1041741050-2020091 1165254137679_._ARTICLES_ OF_INC_CreateHer.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 04/12/2017, and in commerce at least as early as 04/14/2017.

Concurrent use
Concurrent use information. The college of Wooster, applied for a trademark for Createher in March of 2018. See below. In the same field of women's education and empowerment. I have had www.createher.com , with the use of the name "Createher" published live since April of 2017.

Miscellaneous Statement
The College of Wooster already opposed the 2 pending applications based on CREATE(HER) Trademark image US Serial Number: 87828755 Application Filing Date: Mar. 10, 2018 THE TWO OTHER PENDING APPS: U.S. APPLICATION SERIAL NO. 88068237 MARK: CREATEHER INSPIRING WOMEN TO LEAD SUSPENSION NOTICE: NO RESPONSE NEEDED ISSUE/MAILING DATE: 6/7/2019 This Office action is in response to applicant's communication filed on 5/28/19. The examining attorney acknowledges and has entered into the record the amendment to the classification and identification of goods and services. The trademark examining attorney is suspending action on the application for the reason(s) stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq. PENDING CIVIL PROCEEDING(S): The pending civil proceeding below pertains to (1) a registered mark that conflicts with applicant's mark under Trademark Act Section 2(d), (2) a mark in a pending application that could conflict with applicant's mark under Section 2(d) if it registers, and/or (3) the registrability of applicant's mark. See 15 U.S.C. §1052; 37 C.F.R. §2.83; TMEP §§716.02(a), (c)-(d), 1208 et seq. Because the civil proceeding pertains to an issue that could directly affect whether applicant's mark can be registered, action on this application is suspended pending termination of the civil proceeding. See 37 C.F.R. §2.67; TMEP §§716.02(a), (c)-(d). - Opposition No. 92245899 The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based. TMEP §§716.04, 716.05. Applicant will be notified when suspension is no longer appropriate. See TMEP §716.04. No response to this notice is necessary; however, if applicant wants to respond, applicant should use the "Response to Suspension Inquiry or Letter of Suspension" form online at http://teasroa.gov.uspto.report/rsi/rsi. U.S. APPLICATION SERIAL NO. 88068152 MARK: CREATEHER *88068152* CORRESPONDENT ADDRESS: SUZANNE K. KETLER ROETZEL & ANDRESS 222 SOUTH MAIN STREET 222 SOUTH MAIN STREET AKRON, OH 44308 GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp VIEW YOUR APPLICATION FILE APPLICANT: The College of Wooster CORRESPONDENT'S REFERENCE/DOCKET NO: 113557.0006 CORRESPONDENT E-MAIL ADDRESS: sketler@ralaw.com SUSPENSION NOTICE: NO RESPONSE NEEDED ISSUE/MAILING DATE: 6/7/2019 This Office action is in response to applicant's communication filed on 5/28/19. The examining attorney acknowledges and has entered into the record the amendment to the classification and identification of goods and services. The trademark examining attorney is suspending action on the application for the reason(s) stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq. - Opposition No. 92245899 THE OPPOSITION: Serial #: 87828755 Application File Assignment Application Status: Opposition Pending Mark: CREATE(HER) Plaintiff Name: The College of Wooster Correspondence: SUZANNE K KETLER ROETZEL & ANDRESS LPA 222 SOUTH MAIN STREET AKRON, OH 44308 UNITED STATES sketler@ralaw.com Phone: 330-849-6641 Serial #: 88068152 Application File Assignment Application Status: Report Completed Suspension Check - Case Still Suspended Mark: CREATEHER Serial #: 88068237 Application File Assignment Application Status: Report Completed Suspension Check - Case Still Suspended Mark: CREATEHER INSPIRING WOMEN TO LEAD Prosecution History # Date History Text Due Date 11 01/13/2020 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS 10 09/13/2019 SUSPENDED 9 08/31/2019 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS 8 07/15/2019 SUSPENDED 7 07/08/2019 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS 6 05/16/2019 SUSPENDED 5 05/14/2019 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS 4 02/25/2019 ANSWER 3 01/16/2019 PENDING, INSTITUTED 2 01/16/2019 NOTICE AND TRIAL DATES SENT; ANSWER DUE: 02/25/2019 1 01/16/2019 FILED AND FEE

For informational purposes only, applicant's website address is: WWW.CREATEHER.COM

The applicant's current Correspondence Information:

Cina Harrison, Maria

PRIMARY EMAIL FOR CORRESPONDENCE: mariacina@createher.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mariacina@mac.com The docket/reference number is 111222333. 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 $225 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: /Maria Cina Harrison/   Date: 09/11/2020
Signatory's Name: Maria Cina Harrison
Signatory's Position: Founder & CEO
Signatory's Phone Number: 323-573-0335
Payment Sale Number: 90175242
Payment Accounting Date: 09/11/2020

Serial Number: 90175242
Internet Transmission Date: Fri Sep 11 17:37:04 ET 2020
TEAS Stamp: USPTO/FTK-XXX.XXX.XX.XX-2020091117370453
0370-90175242-7508ea74e385f24bef49e509ec
01ed34813c95b17f3c2f37e19169c9dfdfe9d-CC
-37030509-20200911165254137679