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: 98063360

Filing Date: 06/28/2023

To the Commissioner for Trademarks:

MARK: OBSIDIAN (Standard Characters, see mark)
The literal element of the mark consists of OBSIDIAN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Dynalist Inc., a corporation of Canada, having an address of
      1376 Ferncrest Rd
      Oakville, Ontario L6H7W3
      Canada
      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:  Computer software and mobile application software that enables the sharing of work products and enables workplace collaboration; computer software and mobile application software for document management and to enable workplace collaboration; computer software and mobile application software for the organization of projects and workplace task management; computer software and mobile application software for allowing users to organize projects, to collaborate and share perspective on projects, to create lists and checklists, to comment on ongoing projects, to participate in discussions and receive feedback from others; Computer software, downloadable software and mobile software applications, all for use in creating, capturing, managing, searching, indexing, storing, synchronizing, recognizing, publishing, sharing and transmitting, digital media and information, namely documents, notes, website links and captures, pictures, photographs, sound clips and videos, via global computer networks; Computer software for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information, namely, documents, texts, notes, website links and captures, pictures, images, graphics, photographs, sound clips and videos, via global computer networks; Computer software for wireless content delivery, namely, documents, texts, notes, website links and captures, pictures, photographs, sound clips and videos, via global computer networks; Computer software that provides web-based access to applications and services through a web operating system, namely, software for use in note taking, storing tasks, recording task reminders, accessing shared documents, and document management; computer software for viewing and editing meeting agendas and to-do lists; computer software for reminding users of dates and events; computer software for accessing shared documents (notes); computer software for use in accessing and transmitting information to computer networks, namely, computer software for emailing notes and publishing notes on computer networks; Computer software for the storage of electronic media, namely, data, documents, files, text, photos, images, graphics, music, audio and video files

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/00/2020, and first used in commerce at least as early as 03/00/2020, 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) screen capture of website where clients can download the software.
Specimen File1
Webpage URL: http://obsidian.md/download
Webpage Date of Access: 06/27/2023

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2266181, filed 06/27/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Cloud computing providing software for use in note taking; providing temporary use of on-line nondownloadable software and applications for note taking; Providing online non-downloadable software that enables the sharing of work products and enables workplace collaboration; software as a service (SAAS) services featuring software that enables the sharing of work products and enables workplace collaboration; providing on-line non-downloadable software for document management and workplace collaboration; software as a service (SAAS) services featuring software for project and task management; providing online non downloadable software for allowing users to organize projects, to collaborate and share perspective on projects, to create lists and checklists, to comment on ongoing projects, to participate in discussions and receive feedback from others; Providing temporary use of non-downloadable computer software for use in capturing, managing, searching, indexing, storing, synchronizing, recognizing, publishing, sharing and transmitting digital media and information, namely documents, notes, website links and captures, pictures, photographs, sound clips and videos, via global computer networks, and the aforesaid software in the nature of downloadable software and mobile applications; Providing temporary use of nondownloadable computer software for indexing, storing, managing, and sharing of documents, notes, website links and captures, pictures, photographs, sound clips and videos and the aforesaid software in the nature of downloadable software and mobile applications; Providing temporary use of non-downloadable computer software for notetaking and drawing pictures and for viewing, editing, accessing and publishing documents, notes and pictures; Providing temporary use of computer software for notetaking, for viewing, editing, accessing and publishing documents and notes, computer software for viewing and editing meeting agendas and to-do lists, computer software for reminding users of dates and events; cloud computing provider services for general storage of data; Cloud computing featuring software for use in note taking and accessing remotely stored data for such applications; electronic storage of user's electronic media, namely, documents, files, text, photos, images, graphics, music, audio, and video files;

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/00/2020, and first used in commerce at least as early as 03/00/2020, 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) screen capture of webpage offering cloud services.
Specimen File1
Webpage URL: http://obsidian.md/sync
Webpage Date of Access: 06/28/2023

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2266181, filed 06/27/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Rebecca Kupfer. Recognized Canadian attorney(s)/agent(s) is/are John H. Simpson. Rebecca Kupfer of SHIFT LAW PROFESSIONAL CORPORATION, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      60 St. Clair Ave. E., Suite 403
      Toronto, Ontario M4T1N5
      Canada
      +1-6473617533 x4(phone)
      8662460120(fax)
      rkupfer@shiftlaw.ca

Rebecca Kupfer 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:

Rebecca Kupfer

PRIMARY EMAIL FOR CORRESPONDENCE: rkupfer@shiftlaw.ca        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jsimpson@shiftlaw.ca; igagne@shiftlaw.ca; admin@shiftlaw.ca 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: /Rebecca Kupfer/   Date: 06/28/2023
Signatory's Name: Rebecca Kupfer
Signatory's Position: Attorney of Record, Minnesota Bar Member
Signatory's Phone Number: +1-6473617533
Signature method: Signed directly within the form
Payment Sale Number: 98063360
Payment Accounting Date: 06/28/2023

Serial Number: 98063360
Internet Transmission Date: Wed Jun 28 17:08:30 ET 2023
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20230628170831162299-98063360-8
605bd76572a349ea02fd1b7967160336084baf65
9c3e6a212f5582c732022196-CC-08306318-202
30628170558626630