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: 90501488

Filing Date: 02/01/2021

To the Commissioner for Trademarks:

MARK: NEO (stylized and/or with design, see mark)
The literal element of the mark consists of NEO. The applicant is not claiming color as a feature of the mark. The mark consists of the word "NEO" next to a drawing of the single quotation mark.
The applicant, Vodafone Group PLC, a public limited company (plc) legally organized under the laws of United Kingdom, having an address of
      Vodafone House
      The Connection
      Newbury, Berkshire RG142FN
      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:  Smart watches; smartphones in the shape of a watch; watches and watchbands that communicate data to smartphones or other electronic devices; wearable communications apparatus; wearable communications devices in the form of wristwatches; downloadable application software for use with wearable electronic devices; wearable location trackers; wearable activity trackers; electronic positioning apparatus; electronic devices used to locate articles, people or animals employing a cellular communications network; computer games for use with wearable electronic devices; computer games software for use with wearable electronic devices; computer, electronic and video games software, including downloadable games software for use with wearable electronic devices.

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 Jamaica application number 81068, filed 07/31/2020.
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 009:  Smart watches; smartphones in the shape of a watch; watches and watchbands that communicate data to smartphones or other electronic devices; wearable communications apparatus; wearable communications devices in the form of wristwatches; downloadable application software for use with wearable electronic devices; wearable location trackers; wearable activity trackers; electronic positioning apparatus; electronic devices used to locate articles, people or animals employing a cellular communications network; computer games for use with wearable electronic devices; computer games software for use with wearable electronic devices; computer, electronic and video games software, including downloadable games software for use with wearable electronic devices.
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.

International Class 038:  Cellular communications services; data transfer by means of telecommunications; transmission of data from and to smart watches, smartphones, wearable communications apparatus, wearable communications devices, wearable location trackers, wearable activity trackers and electronic devices used to locate articles, people or animals employing a cellular communications network.

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 Jamaica application number 81068, filed 07/31/2020.
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:  Cellular communications services; data transfer by means of telecommunications; transmission of data from and to smart watches, smartphones, wearable communications apparatus, wearable communications devices, wearable location trackers, wearable activity trackers and electronic devices used to locate articles, people or animals employing a cellular communications 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.

International Class 042:  Encryption, decryption and authentication of information, messages and data from electronic trackers; data conversion of electronic information from electronic trackers; creating, maintaining and updating databases of traffic and travel information; providing temporary use of non-downloadable cloud-based telematics software; providing temporary use of non-downloadable cloud-based software for use with haptic sensors; testing services for alarm and monitoring systems; design and development of personal alarms, pagers and panic buttons and response systems and related software; providing online non-downloadable software in the field of personal safety and security; providing online non-downloadable software in the field of GPS navigation and tracking; providing weather forecasting, reporting and information services; providing online non-downloadable software for use with personal alarm, paging or electronic messaging and response systems.

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 Jamaica application number 81068, filed 07/31/2020.
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:  Encryption, decryption and authentication of information, messages and data from electronic trackers; data conversion of electronic information from electronic trackers; creating, maintaining and updating databases of traffic and travel information; providing temporary use of non-downloadable cloud-based telematics software; providing temporary use of non-downloadable cloud-based software for use with haptic sensors; testing services for alarm and monitoring systems; design and development of personal alarms, pagers and panic buttons and response systems and related software; providing online non-downloadable software in the field of personal safety and security; providing online non-downloadable software in the field of GPS navigation and tracking; providing weather forecasting, reporting and information services; providing online non-downloadable software for use with personal alarm, paging or electronic messaging and response systems.
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.

International Class 045:  Location services using data from electronic tracking devices; goods location services using data from electronic tracking devices; person location services using data from electronic tracking devices; animal location services using data from electronic tracking devices; tracking of property, vehicles, animals and persons using data from electronic tracking devices.

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 Jamaica application number 81068, filed 07/31/2020.
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 045:  Location services using data from electronic tracking devices; goods location services using data from electronic tracking devices; person location services using data from electronic tracking devices; animal location services using data from electronic tracking devices; tracking of property, vehicles, animals and persons using data from electronic tracking devices.
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.




The owner's/holder's proposed attorney information: Mark H. Tidman. Other appointed attorneys are Kevin M. Bovard, Candice Reder, Lesley McCall Grossberg, Robert B.G. Horowitz, Jacqueline M. Lesser, Nancy Rubner Frandsen, John M. Mueller, Lisa Bollinger Gehman, Deborah A. Wilcox, Savannah G. Merceus, Kevin M. Wallace. Mark H. Tidman of Baker & Hostetler 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
      Washington Square, Suite 1100
      1050 Connecticut Avenue, NW
      Washington, District of Columbia 20036-5304
      United States
      202-861-1500(phone)
      202-861-1783(fax)
      bhipdocket@bakerlaw.com
The docket/reference number is 104386.21019.
Mark H. Tidman 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:

Mark H. Tidman

PRIMARY EMAIL FOR CORRESPONDENCE: bhipdocket@bakerlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mtidman@bakerlaw.com; ahsu@bakerlaw.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: /Mark H. Tidman/   Date: 02/01/2021
Signatory's Name: Mark H. Tidman
Signatory's Position: Attorney of record, DC bar member
Signatory's Phone Number: 202-861-1500
Signature method: Sent to third party for signature
Payment Sale Number: 90501488
Payment Accounting Date: 02/01/2021

Serial Number: 90501488
Internet Transmission Date: Mon Feb 01 13:20:03 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021020113200312
8323-90501488-760fec2364a6df0a05cbbd82f2
b8cbb72d066e27ac7738bf0788c31d25310ac671
3-DA-20028974-20210201105828984295