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: 90742873

Filing Date: 05/28/2021

To the Commissioner for Trademarks:

MARK: VAGARO (Standard Characters, see mark)
The literal element of the mark consists of VAGARO. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Vagaro, Inc., a corporation of California, having an address of
      4120 Dublin Blvd. Ste 250
      Dublin, California 94568
      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:  Downloadable software in the nature of a mobile application that enables users to make reservations and bookings for beauty, fitness, wellness, and dance studio services; Downloadable software in the nature of a mobile application for managing business operations and generating reports; Downloadable software in the nature of a mobile application for performing electronic business transactions, collecting customer information, and sending electronic messages; Downloadable software in the nature of a mobile application for managing ecommerce websites and mobile applications; Downloadable software in the nature of a mobile application for management of inventory, payroll, and employee performance information; downloadable computer software for database management; Downloadable payment gateway software for linking e-commerce websites to credit card processing networks; downloadable computer software, namely, an electronic financial platform that accommodates multiple types of payment and debt transactions in an integrated mobile phone, PDA, and web-based environment electronic card readers; card readers for credit cards; point of sale terminals

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 10/01/2013, and first used in commerce at least as early as 10/01/2013, 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) download pages for Applicant's software; digital photo of Applicant's goods.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-19822100222-20210526 200258878602_._VAGARO_-_c l_9_specimen_1.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-19822100222-20210526 200258878602_._VAGARO_-_c l_9_specimen_2.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://apps.apple.com/us/app/vagaro/id536110000
Webpage Date of Access: 05/26/2021
Webpage URL: http://play.google.com/store/apps/details?id=com.vagaro&hl=en
Webpage Date of Access: 05/26/2021

International Class 036:  Processing of credit card and debit card payments; Financial services, namely, providing payment facilitation services in the nature of payment transaction processing; Payment processing services in the field of electronic payments

In International Class 036, 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 10/01/2013, and first used in commerce at least as early as 10/01/2013, 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) pages from Applicant's website.

Original PDF file:
SPE0-19822100222-20210526 200258878602_._VAGARO_-_c l_36_42_specimen.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPE0-19822100222-20210526 200258878602_._VAGARO_-_c l_36_specimen_1.pdf
Converted PDF file(s) (8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Original PDF file:
SPE0-19822100222-20210526 200258878602_._VAGARO_-_c l_36_specimen_2.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Webpage URL: http://sales.vagaro.com/pos
Webpage Date of Access: 05/26/2021
Webpage URL: http://sales.vagaro.com/payroll
Webpage Date of Access: 05/26/2021
Webpage URL: http://sales.vagaro.com/
Webpage Date of Access: 05/26/2021

International Class 042:  Providing temporary use of non-downloadable computer software that enables users to make reservations and bookings for beauty, fitness, wellness, and dance studio services; business technology software consultation services; Software as a service (SAAS) services featuring for managing business operations and generating reports; software as a service (SAAS) services featuring software for performing electronic business transactions, collecting customer information, and sending electronic messages; Software as a service (SAAS) services featuring software for managing ecommerce websites and mobile applications; software as a service (SAAS) services featuring software for management of inventory, payroll, and employee performance information; Software as a service (SAAS) services featuring payment gateway software for linking e-commerce websites to credit card processing networks; software as a service (SAAS) services featuring an electronic financial computer software platform for processing payments; providing temporary use of non-downloadable software for importing and managing data; and development of software in the field of mobile applications; website design and development for others; design and development of software in the field of mobile applications

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 10/01/2013, and first used in commerce at least as early as 10/01/2013, 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) pages from Applicant's website.

Original PDF file:
SPE0-19822100222-20210526 200258878602_._VAGARO_-_c l_35_42_specimen_2.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-1-19822100222-202105 26200258878602_._VAGARO_- _cl_36_42_specimen.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPE0-19822100222-20210526 200258878602_._VAGARO_-_c l_42_specimen.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Webpage URL: http://sales.vagaro.com/
Webpage Date of Access: 05/26/2021
Webpage URL: http://sales.vagaro.com/vagaro-app
Webpage Date of Access: 05/26/2021
Webpage URL: http://sales.vagaro.com/about-us
Webpage Date of Access: 05/20/2021


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4551781.


The owner's/holder's proposed attorney information: Patchen M. Haggerty. Other appointed attorneys are Lindsay B. Allen, Britt L. Anderson, Craig A. Beaker, Stefan B. Blum, Jared H. Bryant, Jeremy L. Buxbaum, L. Omar Cojulun, Sabrina J. Danielson, James R. Davis, Colleen M. Ganin, Alexander J.A. Garcia, Daniel J. Glenn, Mark S. Goodrich, Lynne E. Graybeal, John P. Halski, Thomas L. Holt, Jason S. Howell, Julie A. Kent, Lisa K. Koenig, Patrick J Koncel, Elizabeth A. Kristoferson, Kirstin E. Larson, Winfield B. Martin, Alicia A. Matusheski, Vicki Y. Nee, Lisa T. Oratz, Scott J. Palmer, Seth H. Reagan, Andrew A. Roppel, Grace Han Stanton, Malcolm C. Tyler, James L. Vana, Fabricio Vayra and Robert G. Woolston. Patchen M. Haggerty of Perkins Coie 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 2608
      Seattle, Washington 98111
      United States
      206-359-8000(phone)
      206-359-9000(fax)
      pctrademarks@perkinscoie.com
The docket/reference number is 131002-4001.
Patchen M. Haggerty 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:

Patchen M. Haggerty

PRIMARY EMAIL FOR CORRESPONDENCE: pctrademarks@perkinscoie.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 $1050 has been submitted with the application, representing payment for 3 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: /Adam Zachs/   Date: 05/28/2021
Signatory's Name: Adam Zachs
Signatory's Position: Director of Legal and Compliance
Signatory's Phone Number: 000-000-0000
Signature method: Sent to third party for signature
Payment Sale Number: 90742873
Payment Accounting Date: 05/28/2021

Serial Number: 90742873
Internet Transmission Date: Fri May 28 20:39:38 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202105282039385
99481-90742873-780242bd46d74eed8053f6b07
7bd6357b93facd061695a3d459563bd3fec5fd-C
C-39364146-20210526200258878602