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: 97793935

Filing Date: 02/14/2023

To the Commissioner for Trademarks:

MARK: EMBER (Standard Characters, see mark)
The literal element of the mark consists of EMBER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, The Harvest Group, LLC, a limited liability company legally organized under the laws of Arkansas, having an address of
      5100 W JB Hunt Drive, Suite 720
      Rogers, Arkansas 72758
      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:  Technology platform provider, application service provider (ASP), provider of SAAS (software-as-a-service) services, and cloud computing services, in each case featuring non-downloadable software namely for use in business intelligence, business analytics, and data science in the retail industry; Software-as-a-service (SaaS), namely, providing non-downloadable software using consumer purchasing data and retailer data for retailers and suppliers to manage online search ranking, sales forecasting, marketing campaign and promotion analysis, item performance analysis, supply chain performance and inventory replenishment; Software-as-a-service (SaaS), namely, providing non-downloadable software using consumer purchasing data and retailer data for online item content health, market trends, consumer sentiment, price variances, competitive products, advertising and marketing campaign performance metrics, and weather trends affecting the retail industry to provide data warehousing, data visualization, data processing, and data extraction; Technology platform provider, application service provider (ASP), provider of SAAS (software-as-a-service) services, and cloud computing services, in each case featuring non-downloadable software namely for use in warehousing, visualizing, tracking, and analyzing data relating to marketing, marketing campaigns, sales promotions, market data, market research, consumer purchases, retailer business operations, and creation of reports on these data and extraction and integration of the data; Software-as-a-service (SaaS), namely, providing non-downloadable software for use in retail market data and market research visualization and creation of reports that extract and integrate the market data and market research
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: Y. Kamaal Patterson. Other appointed attorneys are Erica N. Goven. Y. Kamaal Patterson of Kutak Rock 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
      1650 Farnam Street
      Omaha, Nebraska 68102
      United States
      402-346-6000(phone)
      kamaal.patterson@kutakrock.com
The docket/reference number is 175408-4.
Y. Kamaal Patterson 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:

Y. Kamaal Patterson

PRIMARY EMAIL FOR CORRESPONDENCE: kamaal.patterson@kutakrock.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks.patterson@kutakrock.com; trademarks.goven@kutakrock.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: /Y. Kamaal Patterson/   Date: 02/14/2023
Signatory's Name: Y. Kamaal Patterson
Signatory's Position: Attorney of record
Signatory's Phone Number: 402-661-8680
Signature method: Signed directly within the form
Payment Sale Number: 97793935
Payment Accounting Date: 02/14/2023

Serial Number: 97793935
Internet Transmission Date: Tue Feb 14 12:57:35 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20230214125736
351300-97793935-8602585c28d23e7a5d95061c
f8f35bf225b3de6315debfea3835474c63d1f2bc
1-CC-57358209-20230214123904321387