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: 97345400

Filing Date: 04/04/2022

To the Commissioner for Trademarks:

MARK: TIMEOUT (stylized and/or with design, see mark)
The literal element of the mark consists of TIMEOUT. The applicant is not claiming color as a feature of the mark. The mark consists of a circle with two vertical parallel lines in the middle and the word "TIMEOUT" in all upper-case block letters centered underneath the circle.
The applicant, Timeout Software, Inc., a corporation of Delaware, having an address of
      1211 Long Ridge Trace
      Louisville, Kentucky 40245
      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 042:  Software as a service (SAAS) services featuring software for tracking, monitoring, and improving the mental health and emotional well-being of individuals; Providing online, non-downloadable software for tracking, monitoring, and improving the mental health and emotional well-being of individuals; Providing an Internet web site portal featuring information in the field of digital technology designed to track, monitor, and improve the mental health and emotional well-being of individuals

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 08/31/2020, and first used in commerce at least as early as 08/31/2020, 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) Digital display in the form of a consumer facing commercial website showing mark in use in commerce in connection with the services.

Original PDF file:
SPE0-69433117-20220404133 613223524_._TIMEOUT-_Spec imen_Class_42.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://thetimeoutapp.com/home
Webpage Date of Access: 04/04/2022




The owner's/holder's proposed attorney information: Amy Sullivan Cahill. Other appointed attorneys are Sallie J. Stevens. Amy Sullivan Cahill of Steptoe & Johnson PLLC, 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 115
      700 N. Hurstbourne Parkway
      Louisville, Kentucky 40222
      United States
      502-423-2000(phone)
      amy.cahill@steptoe-johnson.com
The docket/reference number is TIMEOUT.
Amy Sullivan Cahill 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:

Amy Sullivan Cahill

PRIMARY EMAIL FOR CORRESPONDENCE: amy.cahill@steptoe-johnson.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sallie.stevens@steptoe-johnson.com; hillary.mcgee@steptoe-johnson.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: /Amy Sullivan Cahill/   Date: 04/04/2022
Signatory's Name: Amy Sullivan Cahill
Signatory's Position: Attorney of record, Kentucky bar member
Signatory's Phone Number: 502-423-2000
Signature method: Signed directly within the form
Payment Sale Number: 97345400
Payment Accounting Date: 04/04/2022

Serial Number: 97345400
Internet Transmission Date: Mon Apr 04 13:49:16 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202204041349169282
61-97345400-8207538af84122a94352b5b1c014
f06ddfa31cec6dcd4c2e9ea539186a35a7c34-CC
-49154349-20220404133613223524