Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97140926

Filing Date: 11/24/2021

To the Commissioner for Trademarks:

MARK: FMX FUTURES (Standard Characters, see mark)
The literal element of the mark consists of FMX FUTURES. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Fenics Software, Inc., a corporation of Delaware, having an address of
      55 Water Street
      New York, New York 10041
      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 for use in financial trading, financial exchange, financial information and market data, and financial clearing services; downloadable computer software for use in authenticating, facilitating, matching, processing, clearing, and submitting trade data, exchanging of trading transaction details, and management of the overall trading lifecycle; downloadable computer software for calculating and analyzing prices of financial instruments; downloadable computer financial software for calculating the theoretical fair price of options on foreign exchange contracts and other financial instruments; downloadable computer software for price discovery of financial instruments; downloadable computer financial software for processing of securities transactions, managing financial data, and creating financial reports; downloadable computer software for use in connection with capital investment services, securities brokerage services, namely, transacting and trading of financial instruments; downloadable computer software for financial trade execution, trade allocation, confirmation, clearing and settlement transactions; downloadable computer software for financial trade execution, confirmation, clearing and settlement transactions; downloadable computer software for aggregating and integrating information and data into trading workflows; downloadable computer software for accessing an electronic marketplace for trading of financial instruments; downloadable computer software for use in trading, clearing, confirmation, and financial trading risk management for exchange market transactions in the field of futures, options, swaps, and other derivative contracts; downloadable computer software for financial portfolio risk analysis in financial trading; downloadable computer software for accessing financial information, namely, information in the fields of futures, commodities, securities, currencies, financial instruments, brokerage, trading, investments, companies, financial markets, stock pricing and financial indices; downloadable electronic publications, in the nature of electronic newsletters in the fields of business, finance and investing; downloadable computer software for electronically trading securities; customizable application programming interfaces, namely, downloadable software development tools for the creation of client interfaces; downloadable computer software that enables trading in financial instruments, provides trade execution, allocation, settlement and confirmation capabilities, and provides access to financial information and financial market information, real time and otherwise; downloadable computer software used to calculate the theoretical fair price of options on foreign exchange contracts and other financial instruments; downloadable computer software that provides access to financial information and financial market information, real time and otherwise; downloadable computer software used to calculate the theoretical fair price of financial instruments
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:  Analyzing and compiling data for measuring the performance of financial markets; data processing, namely, aggregating and integrating information and data into trading workflows
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:  Conducting a security, mercantile, commodity and monetary exchange an providing services connected therewith; financial analysis, management and consulting; financial valuation services; financial clearing services; financial portfolio management services; capital investments services; financial, monetary, futures, securities and commodities exchange services; providing exchange markets for trading, clearing, confirmation and financial trading risk management in the field of futures, options, swaps, and other derivatives contracts; conducting commodities, securities, monetary, and financial instrument exchange and clearing services; securities brokerage services; financial services, namely, transacting and trading of financial instruments; financial services, namely, aggregation of financial data being compiling data for financial purposes; electronic financial trading services; providing an electronic marketplace for trading of financial instruments; providing an electronic marketplace for trading of financial instruments for buyers and sellers of financial instruments through a global communications network; providing financial information services; providing financial information, namely, information in the fields of futures, commodities, securities, currencies, financial instruments, brokerage, trading, investments, companies, financial markets, stock pricing and financial indices; providing information and links to other websites in the field of finance; financial services, namely, providing financial information in the nature of financial market data, financial securities data, and financial pricing data in the nature of financial instrument price information being financial information; financial services in the field of securities analytics, namely, reporting securities prices being financial information and indicative prices being financial information for use in analyzing and assessing securities portfolios, and conducting financial analysis and research for others with respect to financial securities; financial trade execution, allocation, confirmation, clearing and settlement services; investment brokerage; financial analysis and research services; analyzing and compiling data for measuring the performance of financial markets; telecommunications brokerage services, namely, brokerage of telecommunications bandwidth; providing information and links to other websites in the field of finance
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:  Updating of computer software for others; providing temporary use of on-line non-downloadable software for accessing a financial exchange; providing temporary use of on-line non-downloadable software for use in trading, clearing, confirmation, and financial trading risk management for exchange market transactions in the field of futures, options, swaps, and other derivative contracts; providing temporary use of on-line non-downloadable software for accessing financial information and trading of financial instruments; providing temporary use of on-line non-downloadable software for financial trade allocation, confirmation, clearing and settlement transactions; providing temporary use of on-line non-downloadable software for calculating and analyzing prices of financial instruments and accessing financial securities pricing data; providing temporary use of on-line non-downloadable computer software for accessing financial securities pricing data; providing temporary use of online non-downloadable computer software for managing financial data and creating financial reports; technical support services, namely, technical administration of servers for others and troubleshooting in the nature of diagnosing computer hardware and software problems; technical support services, namely, remote and on-site infrastructure management services for monitoring, administration and management of public and private cloud computing IT and application systems; rental of computer hardware, computer software and web servers; platform as a service (PAAS) featuring computer software platforms for accessing, hosting, managing, developing, analyzing and maintaining scalable computer hardware, computer software, computer applications, websites, and databases for others accessible via private and global computer networks; Providing platform as a service (PAAS) featuring computer software platform for financial trading, financial exchange and financial clearing services; platform as a service (PAAS) featuring computer software platform for authenticating, facilitating, matching, processing, clearing, and submitting trade data, exchanging of trading transaction details, and management of the overall trading lifecycle; infrastructure as a service (IAAS) featuring computer software platforms for accessing, hosting, managing, developing, analyzing and maintaining scalable cloud computing infrastructure services accessible via private and global computer networks; providing virtual computer systems and virtual computer environments through cloud computing; infrastructure as a service (IAAS) for financial exchange services, application service provider (ASP) and software as a service (SAAS) services featuring software matching engines for routing, allocating and processing trades on a financial exchange; matching engine as a service, namely, software for matching, routing, allocating and processing bids and offers on a financial exchange; cloud computing services, namely, cloud hosting in the nature of a scalable computer software for providing access to an electronic financial exchange
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: Jill K. Tomlinson. Other appointed attorneys are Jason Vogel, Alexandra Martinez and all other attorneys at the firm of Kilpatrick Townsend & Stockton LLP. Jill K. Tomlinson, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1114 Avenue of the Americas
      New York, New York 10036
      United States
      212-775-8700(phone)
      212-775-8800(fax)
      tmadmin@kilpatricktownsend.com

Jill K. Tomlinson 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:

Jill K. Tomlinson

PRIMARY EMAIL FOR CORRESPONDENCE: tmadmin@kilpatricktownsend.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nytrademarks@kilpatricktownsend.com; amartinez@kilpatricktownsend.com; kilewis@kilpartricktownsend.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: /OE/   Date: 11/24/2021
Signatory's Name: Olga Egorova
Signatory's Position: Managing Director, Chief Technology and IP Counsel, Duly Authorized Officer
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97140926
Payment Accounting Date: 11/24/2021

Serial Number: 97140926
Internet Transmission Date: Wed Nov 24 06:54:21 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202111240654210
29699-97140926-781f24bd0f618fab786595c87
762b1b06f94904bb1bb84d92cf636c323464744e
-CC-54200221-20211123063759807769