Application

PTO- 1478

Approved for use through 09/30/2021. 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 09/30/2021. 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: 97060284

Filing Date: 10/05/2021

To the Commissioner for Trademarks:

MARK: CRICKET (stylized and/or with design, see mark)
The literal element of the mark consists of CRICKET. The color(s) orange and white is/are claimed as a feature of the mark. The mark consists of "CRICKET" in white stylized format above the white silhouette design of an open book, with an orange background.
The applicant, Cricket Media, Inc., a corporation of Delaware, having an address of
      1751 Pinnacle Drive, Suite 600
      McLean, Virginia 22102
      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 children's magazines

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 10/31/2020, and first used in commerce at least as early as 10/31/2020, 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) screen capture of page from Applicant's website offering magazine subscriptions in both print and digital formats and bearing the present mark.
Specimen File1
Webpage URL: http://shop.cricketmedia.com/spider-magazine-for-kids.html
Webpage Date of Access: 10/05/2021

International Class 016:  Printed children's magazines

In International Class 016, 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 10/31/2020, and first used in commerce at least as early as 10/31/2020, 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) screen capture of page from Applicant's website offering magazine subscriptions in both print and digital formats and bearing the present mark.
Specimen File1
Webpage URL: http://shop.cricketmedia.com/spider-magazine-for-kids.html
Webpage Date of Access: 10/05/2021

International Class 041:  Educational services, namely, organizing and conducting educational programs in the fields of reading, writing, mathematics, history, languages, and humanities for elementary and secondary school children; providing information in the field of education over a global computer network, namely, providing information about lesson plans, project ideas, and educational matters, and links to websites of others featuring educational content

In International Class 041, 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 10/31/2020, and first used in commerce at least as early as 10/31/2020, 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) screen captures of pages from Applicant's website promoting the services and bearing the present mark.
Specimen File1
Specimen File2
Webpage URL: http://cricketmedia.com/
Webpage Date of Access: 10/04/2021
Webpage URL: http://cricketmedia.com/language-learning-for-kids
Webpage Date of Access: 10/05/2021



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1107204, 4837592, and 4837599.


The owner's/holder's proposed attorney information: Neil C. Jones. Other appointed attorneys are Ashley B. Summer. Neil C. Jones of Nelson Mullins Riley & Scarborough 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 2300, IP Department
      301 South College Street
      Charlotte, North Carolina 28202
      United States
      864-373-2260(phone)
      IP@nelsonmullins.com
The docket/reference number is 28849/09455.
Neil C. Jones 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:

Neil C. Jones

PRIMARY EMAIL FOR CORRESPONDENCE: IP@nelsonmullins.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): neil.jones@nelsonmullins.com; elaine.stephenson@nelsonmullins.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 $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: /Neil C. Jones/   Date: 10/05/2021
Signatory's Name: Neil C. Jones
Signatory's Position: Attorney of Record, SC Bar No. 062911
Signatory's Phone Number: 864-373-2260
Signature method: Sent to third party for signature
Payment Sale Number: 97060284
Payment Accounting Date: 10/05/2021

Serial Number: 97060284
Internet Transmission Date: Tue Oct 05 14:49:10 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20211005144910679
699-97060284-78132d18c405030be4dba5bb66c
1252771b9bb865eed86cd773ef760c3b16049-CC
-49093625-20211005115933910102