Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90489150

Filing Date: 01/26/2021

To the Commissioner for Trademarks:

MARK: MAILGUN (stylized and/or with design, see mark)
The literal element of the mark consists of MAILGUN. The applicant is not claiming color as a feature of the mark. The mark consists of "@" sign designed to look like a bullseye followed by the letters "mailgun".
The applicant, Mailgun Technologies, Inc., a corporation of Delaware, having an address of
      112 E Pecan Street, #1135
      San Antonio, Texas 78205
      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:  Computer software for database management and storage and sharing of data and information in the field of marketing; computer software for transmitting information, electronic mail and short messages via SMS; software for information and e-mail creation and processing; computer software, namely, downloadable software for providing access to information databases; computer databases in the field of mailing lists and e-mail lists; recorded on computer media; computer servers; multimedia computer terminals; telecommunication terminals, namely, mobile data terminals; data decoders; Computer software, namely, for improving the deliverability of electronic mail, namely, inbox placement, email verification, email validation, email testing, email design, sender reputation monitoring, engagement metrics, and analytics and reporting

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 03/15/2010, and first used in commerce at least as early as 11/10/2010, 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) screen shots from the applicant's website showing pages from a user guide and pricing information.

Original PDF file:
SPE0-121301478-2021011415 3853256094_._MAILGUN_and_ Logo_-_CLASS_9.pdf
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Webpage URL: http://www.mailgun.com/ and http://www.pathwire.com/
Webpage Date of Access: 01/12/2021

International Class 035:  Data processing services for business purposes; computerized file management; compilation, preparation, organization, processing, acquisition of information, data, statistics, business indices and electronic mail for business or commercial purposes; marketing consultancy, business marketing services and communication strategy marketing services; business analysis of e-mail campaigns and transactional emails for commercial or advertising purposes; arranging subscriptions to telecommunication services; arranging subscriptions to a radio paging service; arranging subscriptions to a database server; arranging subscriptions to telecommunication services, namely, to centers for the provision of access to computer networks or data transmission, especially for global communication such as the Internet or with private or restricted access such as Intranets

In International Class 035, 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 03/15/2010, and first used in commerce at least as early as 11/10/2010, 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) screen shots from the applicant's website.

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SPE0-121301478-2021011415 3853256094_._MAILGUN_and_ Logo_-_CLASSES_35__38_AND _42.pdf
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SPE0-121301478-2021011415 3853256094_._MAILGUN_and_ Logo_-_CLASSES_35__38_AND _42..pdf
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Webpage URL: http://www.mailgun.com/ and http://www.pathwire.com/
Webpage Date of Access: 01/12/2021

International Class 038:  Telecommunications; Electronic messaging services; telecommunication services, namely, transmitting e-mails and short messages via SMS; sending and receiving of messages by electronic mail and SMS; electronic distribution of information on or via national or global computer networks, wireless communication networks and other electronic communications networks; interactive communication services, namely, interactive delivery of video over digital networks and transmission of sound and vision via interactive multimedia networks; electronic messaging especially via the Internet, intranet and extranet; radio, telegraph, telephone and electronic data communication and by all remote computing means, via radio telephony, via interactive videography, and via electronic and/or digital equipment; providing and rental of access time to databases in a database server center; providing user access to global computer networks, including point of sale networks; communication by computer terminals; electronic transmission and exchange of information and data by computer terminals; services for accessing data on the Internet, namely, providing access to audio, text and visual data on the Internet; electronic data transmission of information accessible via access codes; exchanging computerized information and documents, namely, computerized telephony services; transmission and delivery of images, messages, information and commercial data via the Internet, via computer terminals, via fiber-optic networks, via cable, via satellite, via radio relay, via computer communication means, via Internet-type communication networks and via any other telecommunication means; information transmission services via electronic data transmission networks; providing Internet access to computer databases and websites of others via a global communications network; electronic transmission of information, data, statistics and business indexes; transmission of electronic mail; email data transmission services; providing access to electronic mail marketing websites on the Internet; communications by computer terminals or by fiber-optic networks; electronic transmission of data, files, documents and messages via computer terminals and electronic devices

In International Class 038, 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 03/15/2010, and first used in commerce at least as early as 11/10/2010, 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) screen shots from the applicant's website.

Original PDF file:
SPE0-1-121301478-20210114 153853256094_._MAILGUN_an d_Logo_-_CLASSES_35__38_A ND_42.pdf
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SPE0-1-121301478-20210114 153853256094_._MAILGUN_an d_Logo_-_CLASSES_35__38_A ND_42..pdf
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Webpage URL: http://www.mailgun.com/ and http://www.pathwire.com/
Webpage Date of Access: 01/12/2021

International Class 042:  Application service provider featuring application programming interface (API) software for the sending, receiving and storage of email, SMS, and other online messaging by web servers, email servers and other computers; Industrial analysis and research services in the field of computer software and telecommunications software; design, development and maintenance of computer programs and software, and in particular development of data processing programs regarding electronic mail marketing; development of remote (SaaS) managed software platforms; development and maintenance of online databases regarding electronic mail marketing; computer systems analysis and programming services; advisory services in the field of developing computer databases; installation of computer software; computer data security, namely, design and development of electronic computer data security systems; database design services; conducting technical feasibility studies in the fields of new technologies and environmental engineering; computer systems design services; development and design of hypertext links on a telecommunications network and particularly the Internet; hosting of web sites; scientific research and engineering services; providing a website featuring technology that enables users to draft and send customized emailing campaigns and transactional electronic mails and improve their deliverability in the field of electronic mail marketing; recovery of computer software; website design; troubleshooting of software problems, troubleshooting of database applications and troubleshooting of electronic communication networks in the nature of diagnosing server problems; data encryption and decryption services for communication; digital compression of computer data; authentication and verification of digital signatures, not for identification verification; provision of technological and scientific information relating to the aforesaid services; software as a service (SAAS) services featuring software for drafting and sending customized and transactional electronic mails; cloud computing featuring software for drafting and sending customized and transactional electronic mails; information technology (IT) consultancy, electronic data storage; hosting, maintenance and updating for others of electronic mail marketing websites; technical research in the field of computer software and scientific research and technological design in the field of computer software; electronic storage of information, data, statistics, business indexes and electronic mail; electronic message design and deliverability optimization, namely, designing computer software for creating electronic mail templates; software as a service (SAAS) services featuring software for improving the deliverability of electronic mail, namely, inbox placement, email verification, email validation, email testing, email design, sender reputation monitoring, engagement metrics, and analytics and reporting; Software as a service (SAAS) services featuring software for transmitting electronic mail and short messages via SMS

In International Class 042, 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 03/15/2010, and first used in commerce at least as early as 11/10/2010, 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) screen shots from the applicant's website.

Original PDF file:
SPE0-2-121301478-20210114 153853256094_._MAILGUN_an d_Logo_-_CLASSES_35__38_A ND_42.pdf
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SPE0-2-121301478-20210114 153853256094_._MAILGUN_an d_Logo_-_CLASSES_35__38_A ND_42..pdf
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SPE0-2-121301478-20210114 153853256094_._MAILGUN_an d_Logo_-_CLASSES_35__38_A ND_42...pdf
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Webpage URL: http://www.mailgun.com/ and http://www.pathwire.com/
Webpage Date of Access: 01/12/2021



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4311850 and 4128079.


The owner's/holder's proposed attorney information: Jessica L. Rothstein. Other appointed attorneys are Steven R. Argentieri, Stephen G. Charkoudian, Robert M. Crawford, Jr., Joel E. Lehrer, Jeffrey Rummler, Gessingga N. Storer, Bethany P. Withers, Adam M. Chud, Kevin V. Lam, Ira J. Levy, Achal Oza, Alexandra M. Vaccaro. Jessica L. Rothstein of Goodwin Procter 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
      620 Eighth Avenue
      New York, New York 10018
      United States
      212-813-8800(phone)
      212-355-3333(fax)
      tmadmin@goodwinlaw.com
The docket/reference number is 140895313417.
Jessica L. Rothstein 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:

Jessica L. Rothstein

PRIMARY EMAIL FOR CORRESPONDENCE: tmadmin@goodwinlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jrothstein@goodwinlaw.com; sallirampersad@goodwinlaw.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 $1400 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: /Sean McGhie/   Date: 01/25/2021
Signatory's Name: Sean McGhie
Signatory's Position: General Counsel
Signatory's Phone Number: 5618668133
Signature method: Sent to third party for signature
Payment Sale Number: 90489150
Payment Accounting Date: 01/26/2021

Serial Number: 90489150
Internet Transmission Date: Tue Jan 26 13:24:34 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20210126132434156
137-90489150-76047abd2df21fe52964b923cc1
2b8252fe2c5a83128b504eb8ab6fa96512c374a-
CC-24324008-20210125204415405439