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: 90624867

Filing Date: 04/05/2021

To the Commissioner for Trademarks:

MARK: OPEN LIBRARY (stylized and/or with design, see mark)
The literal element of the mark consists of OPEN LIBRARY. The color(s) light blue, white, light brown and black is/are claimed as a feature of the mark. The mark consists of the words OPEN LIBRARY. The word OPEN is in white and in a light blue rectangle with rounded corners. Two light brown lines extend up from the left and right top corners of the blue rectangle up to a black dot. The word LIBRARY is in a stylized upper case font and appears between two horizontal brown lines.
The applicant, Internet Archive, a non-profit corporation legally organized under the laws of California, having an address of
      300 Funston Avenue
      San Francisco, California 94118
      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 042:  Providing a website that enables users to search for, contribute to, edit, view, and interact with an online collection of books, music, scores, serials, sound recordings, official manuscripts, audio-visual media, maps, and archives featuring historical and official manuscripts, documents, records, and forms; Providing an online, searchable computer database featuring bibliographic descriptions and information about books, music, scores, serials, sound recordings, official manuscripts, audio-visual media, maps, and archives featuring historical and official manuscripts, documents, records, and forms

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 05/06/2010, and first used in commerce at least as early as 05/06/2010, 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) screenshots from applicant's website.

Original PDF file:
SPE0-1045820710-202104011 91435922606_._Open_Librar y_-_Cl_42.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://openlibrary.org
Webpage Date of Access: 02/09/2021




The owner's/holder's proposed attorney information: Anne H. Peck. Other appointed attorneys are Susan Piascik Christoff, Brian Focarino, Bobby A. Ghajar, Colette A. Ghazarian, Rebecca Givner-Forbes, Katherine E. Green, Jeffrey H. Greene, Kelley B. Harrington, Shannan Higgins, Ariana G. Hiscott, Brendan J. Hughes, Rose Mendenhall Kautz, Judd D. Lauter, Lori A. Levine, John Paul Oleksiuk, Anne H. Peck, Marcus D. Peterson, Dina Roumiantseva, Shane Rumbaugh, Jane van Benten, and Colleen Wellington-Caban. Anne H. Peck of Cooley 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
      1299 Pennsylvania Avenue NW, Suite 700
      Washington, District of Columbia 20004
      United States
      trademarks@cooley.com
The docket/reference number is 095666-803.
Anne H. Peck 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:

Anne H. Peck

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@cooley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rkautz@cooley.com; myoung@cooley.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 $350 has been submitted with the application, representing payment for 1 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: /Marina A. Lewis/   Date: 04/05/2021
Signatory's Name: Marina A. Lewis
Signatory's Position: Collections Manager
Signatory's Phone Number: 4152901245
Signature method: Sent to third party for signature
Payment Sale Number: 90624867
Payment Accounting Date: 04/05/2021

Serial Number: 90624867
Internet Transmission Date: Mon Apr 05 20:23:19 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2021040520231972
9659-90624867-770a37db0f297c21566988135a
953c2c23575a6f026354a1a7d366f5c5f9124dfb
-DA-23190463-20210401191435922606