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: 90792752

Filing Date: 06/24/2021

To the Commissioner for Trademarks:

MARK: Windows (stylized and/or with design, see mark)
The literal element of the mark consists of Windows. The applicant is not claiming color as a feature of the mark. The mark consists of four squares arranged in a rectangular grid. All four square are black and are separated by blank space. The word Windows is in black font centered to the right of the four squares.
The applicant, Microsoft Corporation, a corporation of Washington, having an address of
      One Microsoft Way
      Redmond, Washington 98052-6399
      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:  Recorded software for the automatic configuration of computer networks, programs, peripherals, hardware and other computer devices, internet browsing software; recorded software for use in connection with the transmission of voice and data; computer programming software and computer development software, namely, software development tools for the creation of software applications; multimedia computer software for the reproduction, processing and streaming of audio, video, and other digital content; voice-activated software, namely, downloadable software for controlling stand-alone voice controlled information devices comprised of cloud-connected and voice-controlled information devices; recorded computer operating system software; operating system software sold as a component of computers; downloadable computer software for creating, uploading, and sharing 3D images and models; software for manipulating, improving, providing and supporting 4K resolution, High Dynamic Range (HDR) capabilities, true color rendering, environmental contrast, and brightness adaptation for electronic screens and displays; computer software for creating graphics and using visual image technology in augmented reality and virtual reality; downloadable malware protection software; downloadable software for securing access to laptops, phones, and computers; downloadable facial recognition software; downloadable fingerprint recognition software; downloadable iris recognition software; downloadable software that enables a user to hand-write notes and text with a digital pen onto touch-enabled devices; downloadable software that interprets hand-written content on touch-enabled devices; downloadable computer software for creating, editing, uploading and sharing digital drawing; downloadable software that allows for annotations to image via digital ink; downloadable software for connecting a smartphone or tablet computer to a monitor, mouse, and keyboard and project the desktop to the monitor; recorded computer software for playing video and electronic games and computer games; recorded computer software for storing, accessing and synchronizing documents, photos and data; a full line of business and home computer programs for home and business use; recorded computer programs, namely word processing programs, address book programs, calculator programs, programs for downloading and playing audio and video, programs for managing computer power supplies, programs for use in transmitting data between computers and other electronic devices, computer maintenance programs, programs for providing enhanced special effects while running game programs, programs for use in accessing and playing CDs and DVDs, browser programs, accessibility programs to make computers more useful for persons with disabilities, paint programs for use in creating, editing and coloring drawings, electronic mail programs, programs for electronic conferencing, programs for note-taking, programs for managing email accounts, passwords, calendars and contacts; computer operating system programs and utilities; computers; laptops; tablet computers; removable hard drive based computer backup and storage systems; computer peripherals; carrying cases for computers, laptops, tablet computers, mobile phones, smartglasses; web cameras; protective covers and cases for computers, laptops, tablet computers, mobile phones, smartglasses; computer servers; portable electronic devices, namely mobile computers, handheld computers, laptops, tablet computers, 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.

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 Jamaica application number 83331, filed 05/19/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 016:  Printed publications, namely user manuals, training manuals, teaching materials, instruction guides, reference guides, newsletters, magazines, books, all of the foregoing in the fields of computers, computer networks, computer systems, computer programs, computer software design, business management, information technology, machine learning, artificial intelligence, data analytics, cloud computing, cybersecurity, mobile computing and apps for mobile phones, video games and computer games.
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 Jamaica application number 83331, filed 05/19/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 035:  Online retail store services featuring a wide variety of consumer goods of others; online retail store services featuring computers, computer hardware, computer peripherals, laptops, tablets, portable music players, personal digital assistants, cell phones, digital media streaming devices, computer software, applications for personal computers, video game consoles, video game controllers, video games, gaming software, gaming equipment, security services, downloadable movies and television shows, webcams, books, clothing, back packs, messenger bags, computer bags, notebooks, journals, laptop sleeves, stickers, pens, pencils, toys, gift cards and novelty items; conducting trade shows and exhibitions in the field of computers, computer networks, computer systems, computer programs, computer software design, business management, information technology, machine learning, artificial intelligence, data analytics, cloud computing, cybersecurity, mobile computing and apps for mobile phones, video games and computer games.
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 Jamaica application number 83331, filed 05/19/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 038:  Telecommunication services for providing multiple-user access to a global computer network; telecommunications services, namely, offering personal communications services via wireless networks; electronic transmission of email; instant messaging services; providing voice chat services; streaming of audio and video content via a global computer network; electronic transmission of messages, documents, images, music, games and data.
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 Jamaica application number 83331, filed 05/19/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 039:  Storage of electronic files, documents, and data.
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 Jamaica application number 83331, filed 05/19/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 041:  Entertainment services, namely, providing interactive information and links relating to entertainment news, music, movies, video, games, news, sports, weather, traffic via a website and taskbar; entertainment services, namely, providing entertainment, sports, music, news, and current events continuing programs by means of telecommunications networks, computer networks, the internet, satellite, radio, wireless communications networks, television, and cable television; education services, namely, arranging, organizing, conducting, and presenting educational seminars, workshops, classes, non-downloadable webinars, educational conferences, online instruction, online tutorials, and distance learning programs, all in the field of technology, productivity, computing, computers, computer networks, computer systems, computer programs, computer software design, business management, information technology, machine learning, artificial intelligence, data analytics, cloud computing, cybersecurity, mobile computing and apps for mobile phones, video games and computer games.
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 Jamaica application number 83331, filed 05/19/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 042:  Software as a service (SaaS) services for operating networked computers; software as a service (SaaS) services featuring security software, user authentication software, password and log in management and protection software; software as a service (SaaS) services for use in connection with task management and tracking workflow and business information; computer services, namely, remote hosting of operating systems for others; computer services, namely, remote hosting of computer applications of others; computer services, namely, providing software updates via computer networks and global communication networks; providing technical information in the fields of computer hardware, computer software, computer operating systems,- cloud computing, database and web applications, all offered via computer networks and global communications networks; providing online non-downloadable computer programs for accessing global communication networks; providing on-line non-downloadable computer programs accessible over a global computer network for managing computer applications; providing online non-downloadable computer programs for accessing global communication networks and displaying content therefrom; providing on-line non-downloadable computer programs for e-mail, internet access, calendaring, creating and editing documents, note-taking, project management, electronic publishing, presentations, storytelling, business intelligence, database management, and productivity; providing online non-downloadable computer programs for downloading, streaming, and playing music, audio, videos and internet radio broadcasts.
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 Jamaica application number 83331, filed 05/19/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 045:  Licensing of computer programs and computer software; online social networking 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.

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 Jamaica application number 83331, filed 05/19/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.





The owner's/holder's proposed attorney information: Karen Kreider Gaunt. Other appointed attorneys are April L. Besl, Joshua A. Lorentz, Govinda M. Davis, Leanthony D. Edwards, Michael G. Frey, Stephanie L. Crigler, Luke S. Curran, Lindsie Everett, Tarah K. Remy. Karen Kreider Gaunt of Dinsmore & Shohl 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
      Suite 1900
      255 E. Fifth St.
      Cincinnati, Ohio 45202
      United States
      513-977-8200(phone)
      513-977-8141(fax)
      karen.gaunt@dinsmore.com
The docket/reference number is 128291-4.
Karen Kreider Gaunt 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:

Karen Kreider Gaunt

PRIMARY EMAIL FOR CORRESPONDENCE: karen.gaunt@dinsmore.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): DSMSTrademarks@dinsmore.com; MSDocketing@Dinsmore.com; stephanie.crigler@dinsmore.com; karen.priebe@dinsmore.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 $2800 has been submitted with the application, representing payment for 8 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: /Karen Kreider Gaunt/   Date: 06/24/2021
Signatory's Name: Karen Kreider Gaunt
Signatory's Position: Attorney of Record, Ohio Bar Member
Signatory's Phone Number: 513-977-8503
Signature method: Sent to third party for signature
Payment Sale Number: 90792752
Payment Accounting Date: 06/24/2021

Serial Number: 90792752
Internet Transmission Date: Thu Jun 24 12:44:12 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20210624124412837
422-90792752-780abb8e69bedf761b675a5e854
dc13e2ba7455ae3895ee6c9dc843abfe8222d550
-CC-44111138-20210623105437771491