Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90714999

Filing Date: 05/17/2021

To the Commissioner for Trademarks:

MARK: NU (stylized and/or with design, see mark)
The literal element of the mark consists of NU. The applicant is not claiming color as a feature of the mark. The mark consists of a stylized image of an eagle wearing a sweater with the letters NU on the chest.
The applicant, Niagara University, a non-profit corporation legally organized under the laws of New York, having an address of
      5795 Lewiston Rd
      Niagara University, New York 14109
      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 025:  shirts, sweatshirts, hats, pants, athletic apparel
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 041:  Organizing and conducting university sport competitions and athletic events; non-downloadable electronic publications, namely, information sheets, score reports, athletic programs and schedules in the field of university athletics; providing a website that features information about university athletics competitions and programs; providing information about university athletics competitions and programs; providing information about university athletics competitions and programs via social media; providing information about university athletics competitions and programs via a website
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3495309.

Miscellaneous Statement
The mark has been used by Niagara University off and on for many years. In an abundance of caution, the application is being filed on an intent-to-use basis.


The owner's/holder's proposed attorney information: Anne F. Downey. Other appointed attorneys are Kimberly I. Shimomura, Brian B. Shaw, Rowland Richards. Anne F. Downey of Harter Secrest & Emery 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 1000
      50 Fountain Plaza
      Buffalo, New York 14202
      United States
      716-844-3768(phone)
      adowney@hselaw.com
The docket/reference number is 102317.26.
Anne F. Downey 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:

Anne F. Downey

PRIMARY EMAIL FOR CORRESPONDENCE: adowney@hselaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@hselaw.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 $700 has been submitted with the application, representing payment for 2 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: /afd/   Date: 05/17/2021
Signatory's Name: Anne F. Downey
Signatory's Position: applicant's attorney, licensed in NY
Signatory's Phone Number: 716-844-3768
Signature method: Signed directly within the form
Payment Sale Number: 90714999
Payment Accounting Date: 05/17/2021

Serial Number: 90714999
Internet Transmission Date: Mon May 17 10:53:09 ET 2021
TEAS Stamp: USPTO/BAS-X.XX.XXX.XX-202105171053094173
30-90714999-78080d660e1d14e3d87b245b49b1
5873012c3f4cda782a22e593635521e3169e-DA-
53090169-20210517102151108789