Application

PTO- 1478

Approved for use through 07/31/2021. 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

---

PTO- 1478

Approved for use through 07/31/2021. 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: 90801132

Filing Date: 06/29/2021

To the Commissioner for Trademarks:

MARK: WISHING WELL (Standard Characters, see mark)
The literal element of the mark consists of WISHING WELL. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, EXCELLIGENCE LEARNING CORPORATION, a corporation of Delaware, having an address of
      Legal Department
      20 Ryan Ranch Road, Suite 200
      Monterey, California 93940
      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 for ordering educational products and services; downloadable software in the nature of a mobile application for reviewing information concerning educational products and services; downloadable computer application software, namely, software for use in soliciting, accepting, and administering charitable donations; downloadable computer application software, namely, software that enables users to create and share webpages concerning charitable causes; downloadable computer application software, namely, software for transmission of text and images in the fields of donating and charitable life; downloadable computer application software, namely, software that enables users to browse individuals seeking to raise charitable donations; downloadable mobile applications for use in listing and managing information about charitable campaigns; downloadable software in the nature of a mobile application which enables teachers to create a profile viewable by others; downloadable software in the nature of a mobile application which enables teachers to establish and promote campaigns aiming to provide educational products and services; downloadable software in the nature of a mobile application which enables teachers to search products in the nature of educational products and services; downloadable software in the nature of a mobile application which enables teachers to prepare and send messages via email and social media; downloadable software in the nature of a mobile application which enables teachers to generate QR codes; downloadable software in the nature of a mobile application which enables communication between teachers and charitable donors; downloadable software in the nature of a mobile application which enables teachers to receive donated products in the nature of educational products and services; downloadable software in the nature of a mobile application which enables charitable donors to search for teachers' campaigns aiming to provide educational products and services; downloadable software in the nature of a mobile application which enables charitable donors to search products in the nature of educational products and services; downloadable software in the nature of a mobile application which enables charitable donors to learn about educational products and services; downloadable software in the nature of a mobile application which enables charitable donors to communicate with teachers; downloadable software in the nature of a mobile application which enables charitable donors to select and purchase products in the nature of educational products and services; downloadable software in the nature of a mobile application which enables charitable donors to donate products in the nature of educational products and 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 035:  electronic processing of orders for donated educational products and services; providing a website featuring consumer information in the field of educational products and services; providing commercial information in the field of educational products and services; providing an online web directory containing information regarding opportunities for making charitable donations in the form of educational products and services; advertising and information distribution services, namely, promoting the charitable solicitation campaigns of others over the internet; providing on-line computer databases and online searchable databases in the nature of providing information to others for the purpose of making charitable donations in the form of educational products and services to others
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:  online services in raising charitable donations in the form of donated educational products and services; providing an interactive website for users to organize and conduct charitable donation campaigns; providing a website where donors search for and make charitable donations in the form of donated educational products and services; crowdfunding services in the nature of accepting and administering charitable donations in the form of donated educational products and services; providing online computer databases and online searchable databases concerning donated educational products and 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:  computer services, namely, creating an online platform for charitable donating of educational products and services; hosting an online community web site featuring people soliciting charitable donations in the form of educational products and services; providing a web site featuring technology that enables users to solicit charitable donations in the form of educational products and services; providing a website featuring online non-downloadable software that enables users to order educational products and services; providing a website featuring online non-downloadable software that enables users to review information concerning educational products and services; providing a website featuring online non-downloadable software that enables users to solicit, accept, and administer charitable donations in the form of donated educational products and services; providing a website featuring online non-downloadable software that enables users to browse individuals seeking to raise charitable donations in the form of donated educational products and services; providing a website featuring online non-downloadable software that enables teachers to establish and promote campaigns to receive educational products and services; providing a website featuring online non-downloadable software that enables teachers to search products in the nature of educational products and services; providing a website featuring online non-downloadable software that enables teachers to receive donated products in the nature of educational products and services; providing a website featuring online non-downloadable software that enables charitable donors to communicate with teachers; providing a website featuring online non-downloadable software that enables charitable donors to select and purchase products in the nature of educational products and services; providing a website featuring online non-downloadable software that enables charitable donors to donate products in the nature of educational products and 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.



The owner's/holder's proposed attorney information: Jonathan M. Purow. Jonathan M. Purow of Zuber Lawler LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      One Penn Plaza, Suite 4430
      New York, New York 10119
      United States
      trademarkprosecution@zuberlawler.com
The docket/reference number is 3466-1003.
Jonathan M. Purow 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:

Jonathan M. Purow

PRIMARY EMAIL FOR CORRESPONDENCE: trademarkprosecution@zuberlawler.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jpurow@zuberlawler.com; lwan@zuberlawler.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 $1400 has been submitted with the application, representing payment for 4 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: /Lauren Taylor/   Date: 06/29/2021
Signatory's Name: Lauren J. Taylor
Signatory's Position: Vice President and General Counsel
Signatory's Phone Number: 877-867-1920
Signature method: Sent to third party for signature
Payment Sale Number: 90801132
Payment Accounting Date: 06/29/2021

Serial Number: 90801132
Internet Transmission Date: Tue Jun 29 14:01:42 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2021062914014283
9986-90801132-7809eaff751e5b7234e3f26f3f
1b55a4734c218141e7b2e68ebd176e68d6e620-C
C-01413083-20210629124624149388