Application

PTO- 1478

Approved for use through 06/30/2021. 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 06/30/2021. 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: 90779248

Filing Date: 06/17/2021

To the Commissioner for Trademarks:

MARK: FIXT (Standard Characters, see mark)
The literal element of the mark consists of FIXT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, SMS Assist, L.L.C., a limited liability company legally organized under the laws of Delaware, having an address of
      875 N. Michigan Ave., Suite 2800
      Chicago, Illinois 60611
      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 computer software in the nature of a mobile application that allows the user to manage facilities maintenance and management services and captures data related to the provision of facilities maintenance and management services rendered at commercial and residential properties; excluding, as to all of the above, mobile phone hardware repair, replacement, and related repair services with respect to mobile phones
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.

International Class 035:  Arranging, coordinating and managing facilities maintenance and management services for others via a network of vendors; procurement, vetting, management, and invoice processing of facilities maintenance and management vendors for others; arranging facilities maintenance and management services contracts; operation and management of a telephone call center related to facilities maintenance and management services for others; compilation and analysis of business data related to facilities maintenance and management services for others

In International Class 035, 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 11/00/2016, and first used in commerce at least as early as 11/00/2016, 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) screenshot of website showing the mark in use in connection with the services.

Original PDF file:
SPE0-20825590202-20210616 174427423659_._Fixt_-_www .fixt.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.fixt.com/
Webpage Date of Access: 06/16/2021

International Class 036:  Compilation and analysis of financial data related to facilities maintenance and management services for others for financial 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.

International Class 036:  Building management of outsourced facilities maintenance and building management services; multisite facilities management services, namely, building management services

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 11/00/2016, and first used in commerce at least as early as 11/00/2016, 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) screenshot of website showing the mark in use in connection with the services.

Original PDF file:
SPE0-20825590202-20210616 174427423659_._Fixt_-_www .fixt.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.fixt.com/
Webpage Date of Access: 06/16/2021

International Class 037:  Facilities maintenance and management services, namely, maintenance, installation, inspection, repair, and replacement services at commercial and residential properties; HVAC repair and maintenance services; plumbing services; painting services; kitchen equipment repair and maintenance services; refrigeration repair and maintenance services; handyman services; carpentry services; electrical services; lighting repair and replacement services; snow and ice removal and management services; fire and life safety systems repair and maintenance services; interior and exterior facilities systems repair and maintenance services; janitorial and custodial services; pressure washing and sweeping services; window washing services; glass repair and replacement services; parking lot repair and maintenance services; security services, namely, installation, maintenance, and repair of locks, doors, door hardware and gates; pool repair and maintenance services; roofing repair and maintenance services; residential property turn-around and rehabilitation services; irrigation system repair and maintenance services; floor repair, maintenance, and cleaning services; pest control services, other than for agriculture, horticulture, and forestry; installation, maintenance, and repair of signage; management of outsourced facilities maintenance and management services; multisite facilities maintenance and management services

In International Class 037, 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 11/00/2016, and first used in commerce at least as early as 11/00/2016, 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) screenshot of website showing use of the mark in connection with the services.

Original PDF file:
SPE0-1-20825590202-202106 16174427423659_._Fixt_-_w ww.fixt.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.fixt.com/
Webpage Date of Access: 06/16/2021

International Class 041:  Developing and providing training related to facilities maintenance, facilities management software, and facilities management services
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.

International Class 042:  Software as a service (SAAS), namely, providing a non-downloadable computer program that allows for the management of facilities maintenance and management services and the electronic storage of data related to properties, physical assets, vendors, and facilities maintenance and management services rendered at commercial and residential properties; excluding, as to all of the above, mobile phone hardware repair, replacement, and related repair services with respect to mobile phone
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.

International Class 044:  Landscape gardening; landscaping gardening services, namely, mowing, edging, blowing, weed control, debris removal, fertilization, aeration and seeding, tree trimming and pruning, mulch replacement and installation, and pest control services for agriculture, aquaculture, horticulture, and forestry

In International Class 044, 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 11/00/2016, and first used in commerce at least as early as 11/00/2016, 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) screenshot of website showing the mark in use in connection with the services.

Original PDF file:
SPE0-2-20825590202-202106 16174427423659_._Fixt_-_w ww.fixt.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.fixt.com/
Webpage Date of Access: 06/16/2021



The owner's/holder's proposed attorney information: Janet M. Garetto. Other appointed attorneys are Daniel J. Burnham, John C. Gatz, Justin D. Swindells, Sorin Cimpoes, Elizabeth Baio, Wayne Tang, Peter Prommer, Bradley M. Taub, Deanna Kunze, Jason Kunze, Kevin Gualano, Ben Rosborough, Angelo Christopher, Ariel Roth, Alexis Grilli, Jennette Psihoules, Lauren Arnold, Matthew Werber and Kaleigh Morrison. Janet M. Garetto, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      70 West Madison Street, 35th Floor
      Chicago, Illinois 60602
      United States
      312-977-4400(phone)
      3129774405(fax)
      chitm@nixonpeabody.com
The docket/reference number is 078355-111US.
Janet M. Garetto 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:

Janet M. Garetto

PRIMARY EMAIL FOR CORRESPONDENCE: chitm@nixonpeabody.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 $2450 has been submitted with the application, representing payment for 7 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: /brent c jacobs/   Date: 06/17/2021
Signatory's Name: Brent C. Jacobs
Signatory's Position: General Counsel
Signatory's Phone Number: 3128785218
Signature method: Sent to third party for signature
Payment Sale Number: 90779248
Payment Accounting Date: 06/17/2021

Serial Number: 90779248
Internet Transmission Date: Thu Jun 17 11:10:09 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202106171110093
96902-90779248-780a29aa99044ce71333b15e1
5ff590c9a9a7b8f3d6bb717aedc1fe7552574629
e-DA-10093726-20210616174427423659