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: 90571583

Filing Date: 03/10/2021

To the Commissioner for Trademarks:

MARK: SUNSHINE (Standard Characters, see mark)
The literal element of the mark consists of SUNSHINE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Zendesk, Inc., a corporation of Delaware, having an address of
      989 Market Street
      San Francisco, California 94103
      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:  Recorded and downloadable computer software for customer relationship management (CRM); recorded and downloadable computer software for data analysis in the field of customer service and customer support; recorded and downloadable computer software for business database management in the field of customer service and customer support; recorded and downloadable computer software for data aggregation in the field of customer service and customer support; recorded and downloadable computer software for tracking user behavior as it relates to customer support; recorded and downloadable computer software for electronic communications, namely, email, chat, instant messaging, text messaging, and voice calling between users and customer support.
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 Jamaica application number 82273, filed 12/22/2020.
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:  Business management in the field of customer relationship management (CRM); outsource service provider in the field of customer relationship management; customer service management for others; compiling and analyzing statistics, data and other sources of information for business purposes in the field of customer relationship management (CRM).
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 Jamaica application number 82273, filed 12/22/2020.
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:  Communication services, namely, providing electronic transmission of information stored in a database via interactively communicating computer systems, in the field of customer relationship management (CRM).
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 Jamaica application number 82273, filed 12/22/2020.
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:  Data mining in the field of customer relationship management (CRM); providing temporary use of online, non-downloadable computer software for customer relationship management (CRM); providing temporary use of online, non-downloadable computer software for data analysis in the field of customer service and customer support; providing temporary use of online, non-downloadable computer software for business database management in the field of customer relationship management (CRM); platform-as-a-service (PAAS) featuring computer software platforms for organizing and maintaining computer applications and application programming interfaces (APIs); platform-as-a-service (PAAS) featuring computer software platforms for customer relationship management; providing temporary use of non-downloadable computer software for data aggregation in the field of customer service and customer support; data aggregation in the field of customer relationship management (CRM); platform as a service (PaaS) software for compiling data; platform as a service (PaaS) featuring computer software platforms for retrieving, tracking, analyzing, testing, measuring and managing data, customer data and customer interactions in the fields of business, sales, customer service, customer relationship management, security, and authentication; platform as a service (PaaS) featuring computer software platforms for planning, personalization, and analysis of customer data across social media, customer relationship management (CRM) systems, point-of-sale systems, web analytics, email and mobile 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.

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 82273, filed 12/22/2020.
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: Katherine M. Basile. Other appointed attorneys are Jason E. Garcia, Katrina M. Kershner, Gabrielle M. Ruiz, DJ Cespedes, Justine J. Lee, Kate Geldmacher, Noelle A. Klockner, Nina Habib Borders, Joshua W. Newman, Meredith D. Pikser and other attorneys at the firm. Katherine M. Basile of REED SMITH 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
      P.O. Box 488
      Pittsburgh, Pennsylvania 15230
      United States
      650-352-0508(phone)
      650-352-0699(fax)
      svtmdocket@reedsmith.com
The docket/reference number is T36868US00.
Katherine M. Basile 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:

Katherine M. Basile

PRIMARY EMAIL FOR CORRESPONDENCE: svtmdocket@reedsmith.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kbasile@reedsmith.com; kkershner@reedsmith.com; gruiz@reedsmith.com; rrenojo@reedsmith.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: /Shanti Ariker/   Date: 03/10/2021
Signatory's Name: Shanti Ariker
Signatory's Position: SVP, General Counsel
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 90571583
Payment Accounting Date: 03/10/2021

Serial Number: 90571583
Internet Transmission Date: Wed Mar 10 19:23:28 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2021031019232870
7529-90571583-77085a76b2e0dc38caddf86cb9
f7c9a05a6938ce34d62f13693cda771c6a531b62
-CC-23271343-20210310161733480424