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: 97175284

Filing Date: 12/16/2021

To the Commissioner for Trademarks:

MARK: SMITH (Standard Characters, see mark)
The literal element of the mark consists of SMITH. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Ascentium Corporation, DBA Smith, a corporation of Delaware, having an address of
      3601 Rigby Road, Suite 420
      Miamisburg, Ohio 45342
      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 035:  Advertising and marketing services, namely, promoting the goods and services of others; Consulting services in the field of internet marketing; Creative marketing design services; Development of marketing strategies and concepts; Marketing analysis services; Marketing services, namely, promoting or advertising the goods and services of others.

In International Class 035, 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 11/19/2012, and first used in commerce at least as early as 11/19/2012, 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) various webpages.

Original PDF file:
SPE0-2601449828063a0b0094 1ab1792c03c-2021121613250 3662094_._Specimen_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-2601449828063a0b0094 1ab1792c03c-2021121613250 3662094_._Specimen_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-2601449828063a0b0094 1ab1792c03c-2021121613250 3662094_._Specimen_3.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-2601449828063a0b0094 1ab1792c03c-2021121613250 3662094_._Specimen_4.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://smithcommerce.com
Webpage Date of Access: 12/15/2021
Webpage URL: http://smithcommerce.com/solution/commerce-platforms/
Webpage Date of Access: 12/15/2021
Webpage URL: http://smithcommerce.com/solution/customer-experience/
Webpage Date of Access: 12/15/2021
Webpage URL: http://smithcommerce.com/solution/growth-optimization/
Webpage Date of Access: 12/15/2021

International Class 042:  Computer services, namely, designing and implementing web sites for others; Creation, design, development and maintenance of Web sites for third parties.

In International Class 042, 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 11/19/2012, and first used in commerce at least as early as 11/19/2012, 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) various webpages.

Original PDF file:
SPE0-1-2601449828063a0b00 941ab1792c03c-20211216132 503662094_._Specimen_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-2601449828063a0b00 941ab1792c03c-20211216132 503662094_._Specimen_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-2601449828063a0b00 941ab1792c03c-20211216132 503662094_._Specimen_3.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-2601449828063a0b00 941ab1792c03c-20211216132 503662094_._Specimen_4.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://smithcommerce.com
Webpage Date of Access: 12/15/2021
Webpage URL: http://smithcommerce.com/solution/commerce-platforms/
Webpage Date of Access: 12/15/2021
Webpage URL: http://smithcommerce.com/solution/customer-experience/
Webpage Date of Access: 12/15/2021
Webpage URL: http://smithcommerce.com/solution/growth-optimization/
Webpage Date of Access: 12/15/2021



The owner's/holder's proposed attorney information: Thomas C. Fiala. Other appointed attorneys are Jeffrey S. Weaver. Thomas C. Fiala of Fiala & Weaver P.L.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      c/o Clarivate
      3133 W. Frye Road, Suite 400
      Chandler, Arizona 85226
      United States
      202-244-3003(phone)
      202-244-3088(fax)
      docketing@cpaglobal.com
The docket/reference number is G10.0015TM00.
Thomas C. Fiala 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:

Thomas C. Fiala

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@cpaglobal.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): chartness@fwiplaw.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: /Thomas C. Fiala/   Date: 12/16/2021
Signatory's Name: Thomas C. Fiala
Signatory's Position: Attorney of record, D.C. bar member
Signatory's Phone Number: 202-244-3003
Signature method: Sent to third party for signature
Payment Sale Number: 97175284
Payment Accounting Date: 12/16/2021

Serial Number: 97175284
Internet Transmission Date: Thu Dec 16 14:37:23 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20211216143723441919-97175284-7
811eff8aa15060b619bb53be7d6caa7d13c91751
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211216132503662094