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: 90277743

Filing Date: 10/26/2020

To the Commissioner for Trademarks:

MARK: PORTAL (stylized and/or with design, see mark)
The literal element of the mark consists of PORTAL. The color(s) black and blue is/are claimed as a feature of the mark. The mark consists of a design portion and a word portion. The design portion includes a black square having rounded corners. A blue circle in disposed the middle of the square, and has thinner smaller blue circles therein. The word portion of the mark is disposed below the design portion and consists of the word "PORTAL" in black capital, stylized letters. The white in the drawing represents background or transparent areas and is not part of the mark.
The applicant, Portal Labs Ltd, a limited company (ltd.) legally organized under the laws of England, having an address of
      20 Wenlock Road
      London N17GU
      United Kingdom
      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:  Computer software for autogenic training; Computer software for meditation, relaxation, mental health purposes, mindfulness and improving sleep; computer software for improving productivity; computer software for monitoring sleep and sleep patterns; software applications for meditation, mindfulness relaxation, mental health purposes and improving sleep; software applications for improving productivity; virtual reality software for meditation, mindfulness, relaxation and mental health purposes; audio-books contained on disc or in electronic format such as mpegs or other audio formats for meditation, mindfulness, relaxation, mental health purposes and improving sleep; computer programs for meditation, mindfulness, relaxation, mental health purposes and improving sleep; mobile phone application software for improving productivity; mobile phone application software for meditation, relaxation, mindfulness, mental health purposes and improving sleep; mobile phone application software for monitoring sleep and sleep patterns; computer hardware and computer software for the reproduction, processing and streaming of audio, video and multimedia content for meditation, relaxation, mindfulness, mental health purposes and improving sleep; video screens for meditation, mindfulness and mental health purposes; audio visual recordings for meditation, mindfulness, relaxation, mental health purposes and improving sleep; video streaming devices' audio-visual apparatus for meditation, relaxation, mental health purposes, mindfulness and improving sleep; exposed film for meditation, mindfulness and mental health purposes; cinematographic films for improving productivity, meditation, relaxation, mindfulness, mental health purposes and sleep improvement; control and regulating apparatus for electrical systems, in particular for interior lighting in vehicles, in particular aircraft cabins, namely controller apparatus for lamps, light switch apparatus, ballasts, power and voltage regulators, power supply units for meditation and mental health purposes; Control and regulating apparatus for electrical systems, in particular for interior lighting, namely controller apparatus for lamps, light switch apparatus, ballasts, power and voltage regulators, power supply units for improving productivity, meditation, relaxation, mindfulness, mental health purposes and improving sleep; Control and regulating apparatus for electrical systems, in particular for home lighting, namely controller apparatus for lamps, light switch apparatus, ballasts, power and voltage regulators, power supply units for improving productivity, meditation, relaxation, mindfulness, mental health purposes and improving sleep; screensavers; virtual windows hardware; virtual windows software; Systems comprising control and regulating apparatus in networked form for electrical systems, in particular interior lighting for vehicles, in particular aircraft cabins for meditation, relaxation, mental health purposes and improving sleep; Apps, namely applications for smartphones, Tablet PCs, E-readers, smart-watches and other IT equipment (downloadable) for meditation, relaxation, mental health purposes and improving sleep and productivity; music recordings; music software
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.

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 United Kingdom application number 3493721, filed 05/26/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 014:  Alarm clocks; sound alarm clocks; visual alarm clocks; natural light alarm clocks; seasonal affective disorder alarm clocks
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.

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 United Kingdom application number 3493721, filed 05/26/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 041:  Providing education and training programs, courses and seminars on autogenic training, meditation, relaxation, mindfulness, mental health and sleep improvement; publication of texts, books, periodicals, newsletters, magazines and other printed matter in relation to meditation, relaxation, mental health, mindfulness and sleep improvement; production of sound and image recordings on sound and image carriers for meditation, mindfulness, relaxation, mental health and sleep improvement; entertainment for meditation, relaxation and mental health purposes; video production services for autogenic training, meditation, relaxation, mental health and sleep improvement; entertainment services for sharing audio and video recordings for meditation and mental health purposes; provision of entertainment services through the media of video-films for meditation, relaxation, mindfulness and mental health purposes; digital video, audio and multimedia entertainment publishing services for meditation, relaxation and mental health purposes; entertainment services in the form of motion pictures for meditation, relaxation, mental health purposes and improving sleep; film production for entertainment purposes in relation to meditation, relaxation, mental health and improvement of sleep; film production for education purposes in relation to meditation, relaxation, mental health, mindfulness, and improvement of sleep; autogenic training services provided online; productivity coaching services
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.

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 United Kingdom application number 3493721, filed 05/26/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 044:  Meditation services; mindfulness services; mental health services; provision of meditation services online; provision of mental health services online; provision of meditation, relaxation, mindfulness services online by means of apps, namely applications for smartphones, smart-watches, Tablet PCs, E-readers and other IT equipment (downloadable); provision of mental health services online by means of apps, namely applications for smartphones, Tablet PCs, E-readers, smart-watches, smart-TV's and other IT equipment (downloadable); health care relating to relaxation therapy; relaxation therapy provided online; providing information in the field of sleep apnea and related sleep disorders; conducting sleep studies for medical diagnostic or treatment purposes; medical screening services in the field of sleep disorders and mental health
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.

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 United Kingdom application number 3493721, filed 05/26/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.





The owner's/holder's proposed attorney information: Maxine L. Barasch. Maxine L. Barasch of Keohane & D'Alessandro, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1881 Western Avenue, Suite 180
      Albany, New York 12203
      United States
      518-456-7084(phone)
      5184567004(fax)
      mb@kdiplaw.com
The docket/reference number is BB-0003.
Maxine L. Barasch 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:

Maxine L. Barasch

PRIMARY EMAIL FOR CORRESPONDENCE: mb@kdiplaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@kdiplaw.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: /Maxine L. Barasch/   Date: 10/26/2020
Signatory's Name: Maxine L. Barasch
Signatory's Position: Attorney for Applicant, NY Bar Member
Payment Sale Number: 90277743
Payment Accounting Date: 10/26/2020

Serial Number: 90277743
Internet Transmission Date: Mon Oct 26 10:03:34 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020102610033451
5917-90277743-750216c3ab14a8de1c69b994a5
9c2423b6df490a922f9179c9f836a84725f516d-
DA-03346116-20201026100005477077