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: 97508368

Filing Date: 07/18/2022

To the Commissioner for Trademarks:

MARK: ON THE FLY (stylized and/or with design, see mark)
The literal element of the mark consists of ON THE FLY. The applicant is not claiming color as a feature of the mark. The mark consists of the words "ON THE FLY", with "ON" stacked above "THE" adjacent to the word "FLY" in larger font, a winged insect perched atop the letter "Y" angled looking downward to the right of the wording.
The applicant, On the Fly LLC, a limited liability company legally organized under the laws of Nebraska, having an address of
      19701 Farnam Street
      Elkhorn, Nebraska 68022
      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 hiring and scheduling temporary workers for short-term employment purposes; downloadable computer software for creating searchable databases of information for use by employers and prospective employee candidates to search for and schedule short-term gig employment opportunities; downloadable computer software for providing gig listings, candidate profiles, and evaluations of candidates allowing prospective employers to approve prospective short-term employees; downloadable computer software for sending communications and making digital payments between employers and on-call workers, contract workers, and freelancers, collectively, "gig economy workers"; downloadable computer software for facilitating gig economy by allowing employers to do project-based hiring through posting jobs and matching skills, doing background checks on workers, and hiring gig economy workers on demand; downloadable mobile applications for hiring and scheduling temporary workers for short-term employment purposes; downloadable mobile applications for creating searchable databases of information for use by employers and prospective employee candidates to search for and schedule short-term gig employment opportunities; downloadable mobile applications for providing gig listings, candidate profiles, and evaluations of candidates allowing prospective employers to approve prospective short-term employees; downloadable mobile applications for sending communications and making digital payments between employers and on-call workers, contract workers, and freelancers, collectively, "gig economy workers"; downloadable mobile applications for facilitating gig economy by allowing employers to do project-based hiring through posting jobs and matching skills, doing background checks on workers, and hiring gig economy workers on demand
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:  Software as a service (saas) services featuring software for hiring and scheduling temporary workers for short-term employment purposes; software as a service (saas) services featuring software for creating searchable databases of information for use by employers and prospective employee candidates to search for and schedule short-term gig employment opportunities; software as a service (saas) services featuring software for providing gig listings, candidate profiles, and evaluations of candidates allowing prospective employers to approve prospective short-term employees; software as a service (saas) services featuring software for sending communications and making digital payments between employers and on-call workers, contract workers, and freelancers, collectively, "gig economy workers"; software as a service (saas) services featuring software for facilitating gig economy by allowing employers to do project-based hiring through posting jobs and matching skills, doing background checks on workers, and hiring gig economy workers on demand; providing online non-downloadable software for hiring and scheduling temporary workers for short-term employment purposes; providing online non-downloadable software for creating searchable databases of information for use by employers and prospective employee candidates to search for and schedule short-term gig employment opportunities; providing online non-downloadable software for providing gig listings, candidate profiles, and evaluations of candidates allowing prospective employers to approve prospective short-term employees; providing online non-downloadable software for sending communications and making digital payments between employers and on-call workers, contract workers, and freelancers, collectively, "gig economy workers"; providing online non-downloadable software for facilitating gig economy by allowing employers to do project-based hiring through posting jobs and matching skills, doing background checks on workers, and hiring gig economy workers on demand
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: C. Blair Barbieri. Other appointed attorneys are Thomas B. Luebbering, Andrew G. Colombo, Scott R. Brown, Tracy L. Bornman, Michael B. Hurd, Joan Optican Herman, Lauren Byrne, Kameron D. Kelly, Gregory J. Skoch, Cheryl L. Burbach, Randall W. Schwartz, Crissa A. Cook, Matthew Walters, Dianne M. Smith-Misemer, Paul J. Walker, Chad Kyle, Stephen Huggins, Kyle Mendenhall, and Darin McCollum. C. Blair Barbieri of HOVEY WILLIAMS 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
      10801 Mastin St., Ste 1000
      Overland Park, Kansas 66210
      United States
      913-647-9050(phone)
      913-647-9057(fax)
      tmdocketing.barbieri@hoveywilliams.com
The docket/reference number is 57602/8622.
C. Blair Barbieri 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:

C. Blair Barbieri

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing.barbieri@hoveywilliams.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): thicks@hoveywilliams.com; bbarbieri@hoveywilliams.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: /Heather Smith/   Date: 07/18/2022
Signatory's Name: Heather Smith
Signatory's Position: Owner
Signatory's Phone Number: 5312559427
Signature method: Sent to third party for signature
Payment Sale Number: 97508368
Payment Accounting Date: 07/18/2022

Serial Number: 97508368
Internet Transmission Date: Mon Jul 18 17:45:45 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022071817454599
1778-97508368-820268dbe3a7d5d5166b975ada
b354b999a6434c278aa6be2ee214e2a1a5e2d55-
DA-45450293-20220712163128960513