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: 97489627

Filing Date: 07/05/2022

To the Commissioner for Trademarks:

MARK: Digital Turbine (stylized and/or with design, see mark)
The literal element of the mark consists of Digital Turbine. The applicant is not claiming color as a feature of the mark. The mark consists of the words "Digital Turbine" next to two spinning blades forming a rough circle, with each blade coming to a point in the horizontal middle of the logo. The downward point of the top blade is closest to the left side of the logo (and the inverse is true for the bottom blade). The other end of each blade (i.e., the non-pointed end) ends in a gradient pattern.
The applicant, Digital Turbine, Inc., a corporation of Delaware, having an address of
      110 San Antonio St.
      Austin, Texas 78701
      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 application for use as a media aggregator and for use as a search and recommendation engine for internet content; downloadable computer search engine software; communications software for connecting mobile device developers, content providers, and advertisers reach end users; computer application software for mobile phones, namely, software for helping developers of applications, content providers, and advertisers for use in reaching end users; computer game software for use on mobile and cellular phones; software development kits (SDK).
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 038:  Providing access to an electronic marketplace in computer networks.
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:  Computer services, namely, providing temporary use of online, non-downloadable software applications for use as a media aggregator and providing advertising and electric content via mobile devices, providing temporary use of online, non-downloadable software applications for use as a search and recommendation engine for internet content, and acting as an application service provider in the field of information knowledge management to host non-downloadable computer application software for the purpose of aggregating Internet content; computer software development in the field of mobile applications; providing search engines for downloadable software applications for mobile computing devices, namely, search engines that suggest applications for the mobile computing devices and provide user-tailored content to users of the search engine; providing temporary use of online, non-downloadable software for use by others in online advertising and participation in online advertising auctions and exchanges featuring real-time bidding.
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:  Promoting the goods and services of others through search and recommendation engine referral traffic analysis and reporting; advertisement via mobile phone networks; Advertisement for others on the Internet; Dissemination of advertising and content for others via an on-line communications network on the internet; On-line advertising on a computer network; Online advertising network matching services for connecting advertisers to websites; procurement of contracts for developers of web and mobile applications that allows the developers to monetize their content via advertising contracts promoting the lease and sale of goods and services in exchange for virtual goods and virtual currency; procurement of advertisements for others; procurement of commercial transactions for third parties, namely, over the Internet; lease of advertising space on the Internet and digital publishing platforms; providing electronic commerce services, namely, electronic processing of orders for others, placement of orders and management of electronic order transactions for others; mediation of advertising; advertisement bidding services, namely, providing an online network for publishers to receive real-time leads and bidding opportunities by means of an online marketplace for the purpose of promoting goods and services on publishers digital platforms; direct marketing advertising for others, namely, placing advertisements for direct advertisers on mobile and web applications; marketing of advertising space on the Internet for others; advertising, promotion, and marketing services for others, namely, development of advertising campaigns provided through Internet webpages and banners and videos on mobile devices, mobile and web applications and websites; Ad serving, namely, placing video advertisements for advertisers that run on the digital video players of others using specialized computer ad serving software; rental of advertising space on the internet; business services, namely, providing an online network for contractors to receive real-time leads and bidding opportunities by means of an online marketplace for the purpose of developing business for sustainable related building products and services advertised in online and mobile advertising space.
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: Raman N. Dewan. Other appointed attorneys are Emilio B. Nicolas, Joseph P. Lally, John T. Keller, Brian K. Prewitt. Raman N. Dewan of JACKSON WALKER L.L.P., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      100 CONGRESS AVE., STE 1100
      Austin, Texas 78701
      United States
      rdewanipdocket@jw.com
The docket/reference number is 155583.00023.
Raman N. Dewan 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:

Raman N. Dewan

PRIMARY EMAIL FOR CORRESPONDENCE: rdewanipdocket@jw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /rnd/   Date: 07/05/2022
Signatory's Name: Raman N. Dewan
Signatory's Position: Attorney of record, Texas Bar member
Signatory's Phone Number: 512-236-2013
Signature method: Sent to third party for signature
Payment Sale Number: 97489627
Payment Accounting Date: 07/05/2022

Serial Number: 97489627
Internet Transmission Date: Tue Jul 05 19:28:46 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20220705192846673
600-97489627-82044cb4f54995326e148d5d5a1
245c155802a40fbf53465388cf971a915825b28-
DA-28461759-20220705175849288339