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: 97677393

Filing Date: 11/15/2022

To the Commissioner for Trademarks:

MARK: VIVA (stylized and/or with design, see mark)
The literal element of the mark consists of VIVA. The color(s) blue, green, and white is/are claimed as a feature of the mark. The mark consists of a background where the top is blue and then gradually turns green towards the bottom. The word "VIVA" in a stylized font is across the middle in white. Above and below the "I" is a faded "I".
The applicant, Vivacity Labs Limited, a limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      International House, Gresham House
      24 Holborn Viaduct
      LONDON EC1A2BN
      United Kingdom
      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:  Recorded computer software for video analytics to count, classify, monitor, and quantify human-scale movement; data collection devices using video analytics software to generate data, namely, computer hardware; data processing equipment; data processing systems comprised of computer hardware; data processing terminals; data processors; Electronic traffic control apparatus, namely, vehicle traffic signals; Luminous traffic control apparatus, namely, traffic lights; Traffic control equipment, namely, actuated and pretimed traffic signal controllers; traffic information digital signage display panels; Reflecting discs for wear, for the prevention of traffic accidents; traffic sign recognition apparatus and instruments, namely, forward-facing camera and data processing programs recorded on machine-readable data carriers for recognizing traffic signs; traffic sign recognition systems comprised of forward-facing camera and data processing programs recorded on machine-readable data carriers for recognizing traffic signs; Recorded computer software applications for automated vehicle parking control; Recorded computer software applications for automatic vehicle driving control; Recorded computer software applications for automotive control; computer database servers; Electronic database in the field of global positioning data recorded on computer media; computer hardware; computer hardware for the collection of positioning data; computer hardware for the compilation of positioning data; computer hardware for the dissemination of positioning data; computer hardware for the processing of positioning data; computer hardware for the transmission of positioning data; Recorded computer programs for providing an all-around view for a vehicle; Recorded computer programs for use in autonomous control of vehicles; Recorded computer programs for use in autonomous driving of vehicles; Recorded computer programs for use in the assisted driving of vehicles; Recorded computer programs for use in the autonomous navigation of vehicles; Recorded computer software for the collection of positioning data; Recorded computer software for the compilation of positioning data; Recorded computer software for the dissemination of positioning data; Recorded computer software for the processing of positioning data; Recorded computer software for the transmission of positioning data; Recorded computer software to operate vehicles.
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 039:  Traffic information; traffic information services
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:  Development and implementation of software, hardware and technology solutions for the purpose counting, classifying, monitoring and quantifying movements in human-scale environments.
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: Clifford D. Hyra. Other appointed attorneys are Fresh IP PLC. Clifford D. Hyra of Fresh IP PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      11710 Plaza America Drive Suite 2000
      Reston, Virginia 20190
      United States
      866-913-3499(phone)
      866-913-3501(fax)
      cliff@freship.com
The docket/reference number is FVIVA-T003US.
Clifford D. Hyra 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 hereby appoints Clifford D. Hyra of Fresh IP PLC
      11710 Plaza America Drive Suite 2000
      Reston Virginia 20190
      United States
      866-913-3499(phone)
      866-913-3501(fax)
      cliff@freship.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Clifford D. Hyra

PRIMARY EMAIL FOR CORRESPONDENCE: cliff@freship.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@freship.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 $1050 has been submitted with the application, representing payment for 3 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: /Micah Gunn/   Date: 11/14/2022
Signatory's Name: Micah Gunn
Signatory's Position: Associate Attorney, Fresh IP PLC, Colorado Bar No.: 47934
Signatory's Phone Number: 866-913-3499
Signature method: Sent to third party for signature
Payment Sale Number: 97677393
Payment Accounting Date: 11/15/2022

Serial Number: 97677393
Internet Transmission Date: Tue Nov 15 04:52:05 ET 2022
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXX:XXXX:XXXX:XXXX:XX
XX:XXX-20221115045207101664-97677393-820
69ada108ea3cc8f16e033d59d3c552e899581ece
978678a52d4265abec1c-CC-52061506-2022111
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