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: 90340021

Filing Date: 11/24/2020

To the Commissioner for Trademarks:

MARK: REDBRAIN (stylized and/or with design, see mark)
The literal element of the mark consists of REDBRAIN. The color(s) red is/are claimed as a feature of the mark. The mark consists of the word "REDBRAIN" in a stylized font in red the white is only used as a background and not claimed as a color in the mark.
The applicant, Redbrain Limited, a limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      Office 3 St. Ann's House
      Guildford Road, Lightwater
      West End, Surrey GU185RA
      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:  Downloadable computer software for use in database management and the creating of spreadsheets all in the field of consumer product comparisons, including price comparisons, regarding the consumer products of a wide variety of manufacturers and retailers, and for use in transmitting data and information regarding the same via computer networks and electronic mail; downloadable software for the graphic design of Internet advertisements and placement of said advertisements on websites for online advertising purposes; downloadable accounting software for use in operating an online retail shop; downloadable computer e-commerce software for operating an online retail shop, namely, software to allow users to perform electronic business transactions with an online retail shop via a global computer network; downloadable software for electronically tracking customer purchasing behavior in online retail shops, and for data analysis and evaluation related thereto for marketing and advertising purposes.
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 018341307, filed 11/20/2020.
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:  Price comparison services; providing online price comparison services via a global computer network; comparison shopping services; arranging of commercial trading transactions and commercial contracts for others with online retail shops; on-line advertising on computer networks; online advertising via a computer communications network; dissemination of advertising matter online via a global computer network; providing a searchable online advertising guide featuring the goods and services of online vendors for advertising the same; online advertising network matching services for connecting advertisers to websites; promoting the consumer goods and services of others by providing hypertext links to the web sites of others featuring information regarding said consumer goods and services, such as consumer reviews and retailer, supplier and distributor information; providing an on-line computer database of consumer product information, such as consumer reviews, and retailer, supplier and distributor information regarding said consumer products; providing an on-line searchable database of consumer product information, such as consumer reviews, and retailer, supplier and distributor information regarding said consumer products.
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 018341307, filed 11/20/2020.
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:  Wireless electronic transmission of consumer product information; electronic transmission of information regarding the consumer goods and services of others; telecommunication services, namely, providing access to online databases in the field of consumer goods and services via a global computer network.
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 018341307, filed 11/20/2020.
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:  Programming of computer software for others, namely, programming of computer software for use in electronically tracking customer purchasing behavior in online retail shops, and for use in data analysis and evaluation related thereto for marketing and advertising purposes; programming of computer software for others, namely, programming of computer software for use in the graphic design of Internet advertisements and the placement of said advertisements on websites for online advertising purposes; application service provider (ASP), namely, hosting computer software applications of others; computer services, namely, cloud hosting provider services; software as a service (SAAS) services featuring software for use in database management and the creating of spreadsheets all in the field of consumer product comparisons, including price comparisons, regarding the consumer products of a wide variety of manufacturers and retailers, and for use in transmitting data and information regarding the same via computer networks and electronic mail; software as a service (SAAS) services featuring software for use in the graphic design of Internet advertisements and the placement of said advertisements on websites for online advertising purposes; software as a service (SAAS) services featuring accounting software for use in operating an online retail shop; software as a service (SAAS) services featuring computer e-commerce software for operating an online retail shop in the nature of software to allow users to perform electronic business transactions with an online retail shop via a global computer network; software as a service (SAAS) services featuring software for electronically tracking customer purchasing behavior in online retail shops, and for data analysis and evaluation related thereto for marketing and advertising purposes; platform as a service (PAAS) featuring computer software platforms for use in database management and the creating of spreadsheets all in the field of consumer product comparisons, including price comparisons, regarding the consumer products of a wide variety of manufacturers and retailers, and for use in transmitting data and information regarding the same via computer networks and electronic mail; platform as a service (PAAS) featuring computer software platforms for use in the graphic design of Internet advertisements and the placement of said advertisements on websites for online advertising purposes; platform as a service (PAAS) featuring accounting computer software platforms for use in operating an online retail shop; platform as a service (PAAS) featuring computer e-commerce software platforms for operating an online retail shop in the nature of software to allow users to perform electronic business transactions with an online retail shop via a global computer network; platform as a service (PAAS) featuring computer software platforms for electronically tracking customer purchasing behavior in online retail shops, and for data analysis and evaluation related thereto for marketing and advertising purposes.
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 018341307, filed 11/20/2020.
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.





The owner's/holder's proposed attorney information: Dianne M. Smith-Misemer. Other appointed attorneys are John M. Collins, Thomas B. Luebbering, Andrew G. Colombo, Scott R. Brown, Tracy L. Bornman, Michael B. Hurd, Joan O. Herman, Kameron D. Kelly, Gregory J. Skoch, Cheryl L. Burbach, Michael Elbein, Randall W. Schwartz, Crissa A. Cook, Matthew Walters, Paul J. Walker, Chad Kyle, Stephen Huggins, Kyle Mendenhall, C. Blair Barbieri, Chris Dawson, Darin McCollum, Chandler E. Schmidt and Jonathan L. Hines. Dianne M. Smith-Misemer of Hovey Williams 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
      10801 Mastin Boulevard, Suite 1000
      Overland Park, Kansas 66210
      United States
      913-647-9050(phone)
      913-647-9057(fax)
      tmdocketing.misemer@hoveywilliams.com
The docket/reference number is 54718/7780.
Dianne M. Smith-Misemer 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:

Dianne M. Smith-Misemer

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing.misemer@hoveywilliams.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rnichols@hoveywilliams.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: /dsmisemer/   Date: 11/24/2020
Signatory's Name: Dianne M. Smith-Misemer
Signatory's Position: Attorney for Applicant, Kansas and Missouri Bar Member
Payment Sale Number: 90340021
Payment Accounting Date: 11/24/2020

Serial Number: 90340021
Internet Transmission Date: Tue Nov 24 15:30:30 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020112415303062
0725-90340021-75086a946ec56c41b83a258fef
2f64be3bfe42062593d6869b9bff4587fdb52a5f
-DA-30308675-20201123172005929925