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: 90346937

Filing Date: 11/29/2020

To the Commissioner for Trademarks:

MARK: Pinwheel (Standard Characters, see mark)
The literal element of the mark consists of Pinwheel. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Firepit Inc, AKA http://pinwheel.com, a corporation of Delaware, having an address of
      500 E St Johns Ave Suite 2.620
      500 E St Johns Ave Suite 2.620
      Austin, Texas 78752
      United States
      415-234-3401(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:

International Class 009:  Caregiver control software pre-loaded and bundled with a child's physical mobile device or downloadable online onto a child's mobile device. Said software working in conjunction with separate software accessible over a website or separate mobile device application available to caregivers of children. These software applications work together to allow parents or other designated caregivers to track the child device's location, monitor the text messages or phone calls on the child's device and control what applications ("apps") are available at what times of day on the child's device. Also included are screen control features available to caregivers such as restricting certain applications in total time available per day or only allowing the use of certain applications after other required checklist items have been completed, and limiting certain websites from view which contain content inappropriate or distracting for children on the child's mobile device.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/10/2019, and first used in commerce at least as early as 04/01/2020, 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) The webpage is available at http://pinwheel.com/pages/pinwheel-kids-smartphone. There is also a photo of a child's mobile device with the software running on it. Finally, there is a photo of the phone packaging..
Specimen File1
Specimen File2
Specimen File3



For informational purposes only, applicant's website address is: http://pinwheel.com

The owner's/holder's proposed attorney information: Laura Witbeck. Laura Witbeck, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      8301 Tyndale Cv
      Austin, Texas 78733
      United States
      404-849-1757(phone)
      laura.witbeck@gmail.com

Laura Witbeck 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:

Laura Witbeck

PRIMARY EMAIL FOR CORRESPONDENCE: laura.witbeck@gmail.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): admin@pinwheel.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 $275 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: /Dane Witbeck/   Date: 11/29/2020
Signatory's Name: Dane Witbeck
Signatory's Position: CEO
Payment Sale Number: 90346937
Payment Accounting Date: 11/30/2020

Serial Number: 90346937
Internet Transmission Date: Sun Nov 29 18:46:48 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020112918464893
4486-90346937-7502712dc41e2696477b89e05b
4982f47b96c65627965acead81f91c32c3da6c-C
C-46475832-20201129170116292125