TEAS Plus New 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

TEAS Plus Application

Serial Number: 97766432

Filing Date: 01/24/2023

To the Commissioner for Trademarks:

MARK: SUNBIRD (stylized and/or with design, see mark)
The literal element of the mark consists of SUNBIRD. The color(s) purple and white is/are claimed as a feature of the mark. The mark consists of a bird's silhouette in white encircled in a purple oval shape with the word "SUNBIRD" written in purple and to the right of the design. The black background is not a part of the trademark.
The applicant, Sunbird Messaging Inc., a corporation of Delaware, having an address of
      5 West 37th Street, 12th Floor
      New York, New York 10018
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Downloadable computer application software for mobile phones, namely, software for allowance of smartphone users to securely use end-to-end encryption, communicate and message with other smartphone users on a different operating system, using standard, non-proprietary messaging protocols

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/19/2023, and first used in commerce at least as early as 01/19/2023, 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) scanned copy of the trademark as used on a mobile application.

Original PDF file:
SPE0-104225244194-2023012 4132038896639_._Sunbird_M essaging_specimen_1700931 51.1_.pdf
Converted PDF file(s) (8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8

Webpage URL: http://www.sunbirdapp.com
Webpage Date of Access: 01/24/2023




The owner's/holder's proposed attorney information: Amy B Goldsmith. Other appointed attorneys are Philip Braginsky, Amy Goldsmith, Nels Lippert, Rachel Lin, Mark Berkowitz, Jing Xia, Aasheesh Shravah, Tuvia Rotberg, Sandra Hudak, Janet Linn, Chandler Sturm. Amy B Goldsmith of Tarter Krinsky & Drogin 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
      1350 Broadway, 11th Floor
      New York, New York 10018
      United States
      212-216-8000(phone)
      tmdocket@tarterkrinsky.com
The docket/reference number is 89672-2.
Amy B Goldsmith 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 B Goldsmith

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@tarterkrinsky.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): agoldsmith@tarterkrinsky.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 $250 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 B. Goldsmith/   Date: 01/24/2023
Signatory's Name: Amy B. Goldsmith
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 212-216-8000
Signature method: Sent to third party for signature
Payment Sale Number: 97766432
Payment Accounting Date: 01/24/2023

Serial Number: 97766432
Internet Transmission Date: Tue Jan 24 17:08:54 ET 2023
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20230124170854
817943-97766432-86017e840a04eb1acf468b9f
61b469b89dad882939d1f3d830df1e9910363be9
-DA-08543219-20230124132038896639