Application

PTO- 1478

Approved for use through 05/31/2021. 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 05/31/2021. 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: 90738307

Filing Date: 05/27/2021

To the Commissioner for Trademarks:

MARK: DAYLIGHT (Standard Characters, see mark)
The literal element of the mark consists of DAYLIGHT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, FormHero Inc., a corporation of Canada, having an address of
      100 King Street West, Suite 6200
      Toronto, Ontario M5X1B8
      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 042:  software as a service (SaaS) featuring software allowing users to create customized data collection interfaces and to process that data for business purposes
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 2109063, filed 05/22/2021.
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: J. Michael Hurst. Other appointed attorneys are J. Michael Hurst, Megan C. Hymore, Mark E. Musekamp, Margaret M. Johnson, and Keating Muething & Klekamp PLL. J. Michael Hurst of KEATING MUETHING & KLEKAMP PLL, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      One East Fourth Street, Suite 1400
      CINCINNATI, Ohio 45202
      United States
      513-562-1401(phone)
      5135796457(fax)
      mhurst@kmklaw.com
The docket/reference number is OS5000TM0011.
J. Michael Hurst 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 hereby appoints J. Michael Hurst of KEATING MUETHING & KLEKAMP PLL
      One East Fourth Street, Suite 1400
      CINCINNATI Ohio 45202
      United States
      513-562-1401(phone)
      5135796457(fax)
      mhurst@kmklaw.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

J. Michael Hurst

PRIMARY EMAIL FOR CORRESPONDENCE: mhurst@kmklaw.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 $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: /j. michael hurst/   Date: 05/27/2021
Signatory's Name: J. Michael Hurst
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: Not Provided
Signature method: Signed directly within the form
Payment Sale Number: 90738307
Payment Accounting Date: 05/27/2021

Serial Number: 90738307
Internet Transmission Date: Thu May 27 10:49:11 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.X-20210527104911421
683-90738307-7801b21b0defd6485c992e97501
5ae5fdcc7bbdc441a3bb7822d6d795c95bce7b4-
CC-49104987-20210527104402972854