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: 90512802

Filing Date: 02/05/2021

To the Commissioner for Trademarks:

MARK: LOBSTER (Standard Characters, see mark)
The literal element of the mark consists of LOBSTER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Lobster GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Hindenburgstraße 15
      Pöcking 82343
      Germany
      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, data management, data processing, data communication, accessing database, database synchronization, network management, supply chain management, workflow management, cloud computing, computer interface, artificial intelligence, collaboration management, industrial process control, digital exchange of information; application software for database management, data management, data processing, data communication, accessing database, database synchronization, network management, supply chain management, workflow management, cloud computing, computer interface, artificial intelligence, collaboration management, industrial process control, digital exchange of information; downloadable computer software for database management; downloadable software in the nature of a mobile application for use in database management; data management, data processing, data communication, accessing database, database synchronization, network management, supply chain management, workflow management, cloud computing, computer interface, artificial intelligence, collaboration management, industrial process control, digital exchange of information; cloud software for database management, data management, data processing, data communication, accessing database, database synchronization, network management, supply chain management, workflow management, cloud computing, computer interface, artificial intelligence, collaboration management, industrial process control, digital exchange of information.
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 European Union Trademark - EUTM application number 018288122, filed 08/13/2020.
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:  Administrative support and data processing services; business administration services in the field of data processing for others; data entry, computer data entry services; business management services in the field of data entry for others; business management consulting and advisory services in the field of data entry; processing, systemization of data in computer databases; systematization and management; processing, systemization and management for others; computerized data management; computerized database management; database management; database management services; computer compatibility services, namely, data mapping; data transformation; data conversion of electronic information; data conversion of computer programs and data, not physical conversion; data conversion of computer program data of information, other than physical conversion; consultancy relating to data processing; business management consulting and advisory services for the field of data entry; analyzing and compiling business data; compilation of information and systemization of information into computer databases; compilation of information on computer databases; consolidation of multiple databases; computerized file management; management of computerized files; business process management and consulting; business management consulting in the field of process management; support and consultancy relating to the computerized automation of administrative processes; business management consulting in the field of computerized automation of administrative processes; business support services, namely, business consulting to existing business in the field of computerized automation of administrative processes.
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 European Union Trademark - EUTM application number 018288122, filed 08/13/2020.
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 software for database management; design and development of software for database management; installation, maintenance, updating and upgrading of computer software; development, updating and maintenance of software and database systems; development of software for data conversion from and to different protocols; data conversion of electronic information; design and development of operating software for accessing and using a cloud computing network; providing cloud services; support and consultancy relating to cloud computing; consulting services in the field of cloud computing; computer services, namely cloud hosting provider services; cloud storage services for electronic data; cloud storage services for electronic files; cloud computing featuring software for use in database management; design and development of computer software for logistics, supply chain management and e-business portals; computer software consulting services; software as a service (SAAS) services; providing temporary use of online non-downloadable software for database management; rental and maintenance of computer software; leasing of computer software; technical support services, namely, administration of data processing for others; providing a website featuring resources, namely, non-downable software for use in database management.
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 European Union Trademark - EUTM application number 018288122, filed 08/13/2020.
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: Kimberly I. Shimomura. Other appointed attorneys are Brian B. Shaw, Anne F. Downey. Kimberly I. Shimomura of Harter Secrest & Emery 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
      1600 Bausch & Lomb Place
      Rochester, New York 14604
      United States
      585-231-1382(phone)
      585-232-2152(fax)
      kshimomura@hselaw.com
The docket/reference number is 85934.000182.
Kimberly I. Shimomura 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:

Kimberly I. Shimomura

PRIMARY EMAIL FOR CORRESPONDENCE: kshimomura@hselaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@hselaw.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 $1050 has been submitted with the application, representing payment for 3 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: /Kimberly I. Shimomura/   Date: 02/04/2021
Signatory's Name: Kimberly I. Shimomura
Signatory's Position: Attorney of Record, New York bar member
Signatory's Phone Number: 585-231-1382
Signature method: Sent to third party for signature
Payment Sale Number: 90512802
Payment Accounting Date: 02/05/2021

Serial Number: 90512802
Internet Transmission Date: Fri Feb 05 09:26:22 ET 2021
TEAS Stamp: USPTO/BAS-X.XX.XXX.XX-202102050926227233
43-90512802-760bdc8b2d9dae230483c93bb5b7
7b5c3e65455ae3e853a685fc36ec7fd52eef3-DA
-26223251-20210204134152859236