Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90718729

Filing Date: 05/18/2021

To the Commissioner for Trademarks:

MARK: FISHTRACK (Standard Characters, see mark)
The literal element of the mark consists of FISHTRACK. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Surfline\Wavetrak, Inc., a corporation of Delaware, having an address of
      300 Pacific Coast Highway, Suite 310
      Huntington Beach, California 92648
      United States
      619-238-1900(phone)
      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 software for meteorological information services, namely providing swell and wind chart analysis; Downloadable software for meteorological information services, namely providing live weather footage via webcams; downloadable software for meteorological information services to track direction, strength and duration of waves and wind; downloadable software for meteorological information services, namely providing outdoor and water sports enthusiasts with forecasts, tidal information and live footage of weather conditions; downloadable software for meteorological information services for surfers; downloadable software for meteorological information services for water sports enthusiasts, fisherman, surfers, maritime agencies, and the general public; downloadable software for meteorological information services provided via a global computer network; downloadable software featuring charts, reports, cameras of sea creatures in the nature of videos featuring recreational outdoor sports, informational articles related to outdoor sports, and downloadable photos and videos of sea animals over the internet.

In International Class 009, 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 02/00/2015, and first used in commerce at least as early as 02/00/2015, 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) Screen capture of mark as used in commerce and available for download on Google Play and Apple stores..

Original PDF file:
SPE0-209242145130-2021051 4172459244881_._FISHTRACK _-_Class_009.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://benefits.fishtrack.com/fishtrack_app/
Webpage Date of Access: 04/05/2021

International Class 042:  Providing meteorological information services, namely providing swell and wind chart analysis; providing meteorological information services, namely providing live weather footage; providing meteorological information services to track direction, strength and duration of waves and wind; providing meteorological information services, namely providing outdoor and water sports enthusiasts with forecasts, tidal information and weather conditions; providing meteorological information services for surfers; providing meteorological information services for water sports enthusiasts, fisherman, surfers, maritime agencies, and the general public; providing meteorological information services provided via a global computer network; providing services featuring charts, reports, cameras of sea creatures in the nature of videos featuring recreational outdoor sports, informational articles related to outdoor sports, and downloadable photos and videos of sea animals over the Internet.

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 02/16/2012, and first used in commerce at least as early as 02/16/2012, 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) Screen capture of Applicant's website evidencing the mark in use in commerce..

Original PDF file:
SPE0-209242145130-2021051 4172459244881_._FISHTRACK _-_Class_042.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.fishtrack.com/fishing-charts/
Webpage Date of Access: 04/05/2021


SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Pattric Rawlins. Other appointed attorneys are Lisa Teixeira Agueda. Pattric Rawlins of Procopio Cory Hargreaves & Savitch 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
      525 B St. Ste 2200
      San Diego, California 92101
      United States
      619-525-3829(phone)
      docketing@procopio.com
The docket/reference number is 11934806US01.
Pattric Rawlins 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:

Pattric Rawlins

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@procopio.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pattric.rawlins@procopio.com; lisa.agueda@procopio.com; Emily.Andelson@procopio.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 $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: /Lisa Teixeira Agueda/   Date: 05/18/2021
Signatory's Name: Lisa Teixeira Agueda
Signatory's Position: Attorney of Record
Signatory's Phone Number: 619-525-3829
Signature method: Sent to third party for signature
Payment Sale Number: 90718729
Payment Accounting Date: 05/18/2021

Serial Number: 90718729
Internet Transmission Date: Tue May 18 15:34:52 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20210518153452
788926-90718729-780aabd3dd3f2a6708638dcb
d769f96c6c291e45597b5f7c1bbb657113b0c35f
a8-CC-34510750-20210518141855791426