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: 90570863

Filing Date: 03/10/2021

To the Commissioner for Trademarks:

MARK: HB (stylized and/or with design, see mark)
The literal element of the mark consists of HB. The applicant is not claiming color as a feature of the mark. The mark consists of Stylized letters H and B with two curved lines between the two letters.
The applicant, Spheres Creative Inc., a corporation of Canada, having an address of
      170 - 422 Richards Street
      Vancouver, BC V6B2Z4
      Canada
      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; Downloadable computer software for use on mobile and cellular phones; Downloadable computer software for use on personal devices; Downloadable computer software for use on mobile devices; Downloadable interactive computer software; Computer software downloadable via the internet; Downloadable educational applications for mobile and cellular phones in the nature of auditory training and education; Downloadable computer software for auditory training and education; Downloadable applications for handheld computers for auditory training and education; Downloadable applications for tablet computers for auditory training and education; Downloadable multimedia applications for mobile and cellular phones for auditory training and education; Downloadable multimedia applications for mobile devices for auditory training and education
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 Canada application number 2,090,254, filed 03/09/2021.
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:  Software as a service (SaaS) in the field of auditory training and education; Non-downloadable computer software; Non-downloadable computer software for use on mobile and cellular phones; Non-downloadable computer software for use on personal devices; Non-downloadable computer software for use on mobile devices; Non-downloadable interactive computer software; Computer software accessed via the internet; Non-downloadable educational applications for mobile and cellular phones in the nature of auditory training and education; Non-downloadable computer software for auditory training and education; Non-downloadable applications for handheld computers for auditory training and education; Non-downloadable applications for tablet computers for auditory training and education; Non-downloadable multimedia applications for mobile and cellular phones for auditory training and education; Non-downloadable multimedia applications for mobile devices for auditory training and education
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 Canada application number 2,090,254, filed 03/09/2021.
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: Seong-Cheol Son. Other appointed attorneys are Gina M. Lupino. Seong-Cheol Son of Voyer Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      134 Abbott Street, Suite 403
      Vancouver, BC V6B2K4
      Canada
      +1-6043983321(phone)
      IP@voyerlaw.com
The docket/reference number is 2021042-T2US.
Seong-Cheol Son 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:

Seong-Cheol Son

PRIMARY EMAIL FOR CORRESPONDENCE: IP@voyerlaw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $700 has been submitted with the application, representing payment for 2 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: /seongcheolson/   Date: 03/10/2021
Signatory's Name: Seong-Cheol Son
Signatory's Position: Attorney of Record, Washington State Bar Member
Signatory's Phone Number: +1-6043983321
Signature method: Signed directly within the form
Payment Sale Number: 90570863
Payment Accounting Date: 03/10/2021

Serial Number: 90570863
Internet Transmission Date: Wed Mar 10 15:07:53 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXX:XXXX:XXXX:X
XXX:XXXX-20210310150753449331-90570863-7
70cfb9f78f34b610e5b25157156c406d9d3a58ad
6170d8449d9b419918f88da-CC-07520031-2021
0310150513292922