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

---

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: 97274264

Filing Date: 02/18/2022

To the Commissioner for Trademarks:

MARK: EBIRD (Standard Characters, see mark)
The literal element of the mark consists of EBIRD. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Cornell University, a Educational Corporation legally organized under the laws of New York, having an address of
      Day Hall
      Ithaca, New York 14853
      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 recording, sharing, and saving data about bird sightings and bird observations

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 00/00/2017, and first used in commerce at least as early as 00/00/2017, 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) Screenshot from the App Store for the EBIRD app with an "open" button to access the app; partial screenshot from the EBIRD app opening on an iPhone; screenshot from the EBIRD app on an iPhone; image of an iPhone screen showing the applied-for mark as the icon for the EBIRD app.

Original PDF file:
SPE0-64803610-20220110192 347476448_._EBIRD_app_sto re_Class_9.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-64803610-20220110192 347476448_._EBIRD_screen_ shot_Class_9.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-64803610-20220110192 347476448_._EBIRD_icon.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-64803610-202201101 92347476448_._EBIRD_openi ng_screen_Class_9.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://apps.apple.com/us/app/ebird/id988799279
Webpage Date of Access: 01/10/2022
Webpage URL: http://apps.apple.com/us/app/ebird/id988799279
Webpage Date of Access: 01/10/2022
Webpage URL: http://apps.apple.com/us/app/ebird/id988799279
Webpage Date of Access: 01/10/2022


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2793417.


The owner's/holder's proposed attorney information: Kristen Mollnow Walsh. Other appointed attorneys are Jeffrey L. Costellia, Kaleigh P. Morrison, and any other attorneys of the Firm. Kristen Mollnow Walsh of Nixon Peabody 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
      1300 Clinton Square
      Rochester, New York 14604
      United States
      585-263-1000(phone)
      585-263-1600(fax)
      nytm@nixonpeabody.com
The docket/reference number is 18885-25.
Kristen Mollnow Walsh 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:

Kristen Mollnow Walsh

PRIMARY EMAIL FOR CORRESPONDENCE: nytm@nixonpeabody.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kwalsh@nixonpeabody.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 $350 has been submitted with the application, representing payment for 1 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: /Adam G. Pence/   Date: 02/18/2022
Signatory's Name: Adam G. Pence
Signatory's Position: Associate General Counsel
Signatory's Phone Number: 607-255-7792
Signature method: Sent to third party for signature
Payment Sale Number: 97274264
Payment Accounting Date: 02/18/2022

Serial Number: 97274264
Internet Transmission Date: Fri Feb 18 15:19:14 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202202181519141780
63-97274264-81082db88e14129d35d496e55c3e
72432cd6b0ae3cb5147dd6d7e2cf1281e33fc0-D
A-19133687-20220209181215269616