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Starbucks Stores Get Square Mobile Pay in November | Reuters Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA656254 Filing date: 02/17/2015 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information Name Square, Inc. Entity Corporation Citizenship Delaware Address 1455 Market Street, Suire 600 San Francisco, CA 94103 UNITED STATES Attorney informa- Connie L. Ellerbach, Stephen Garcia tion Fenwick & West LLP 801 California Street Silicon Valley Center Mountain View, CA 94041 UNITED STATES [email protected] Phone:650-988-8500 Applicant Information Application No 86211277 Publication date 02/03/2015 Opposition Filing 02/17/2015 Opposition Peri- 03/05/2015 Date od Ends Applicant MAX2 Inc. 666 Cherry Valley Road Greenwich, CT 06831 UNITED STATES Goods/Services Affected by Opposition Class 035. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Business Administration and management services, namely, providing an integrated suite of services, namely, customer relationship manage- ment tools that enable businesses to manage their online presence, manage card payments, manage bookings of reservations and appointments, and manage general information clearinghouseservices Grounds for Opposition Deceptiveness Trademark Act section 2(a) False suggestion of a connection Trademark Act section 2(a) Priority and likelihood of confusion Trademark Act section 2(d) Dilution Trademark Act section 43(c) Marks Cited by Opposer as Basis for Opposition U.S. Registration 3917735 Application Date 08/05/2009 No. Registration Date 02/08/2011 Foreign Priority NONE Date Word Mark SQUARE Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2009/07/00 First Use In Commerce: 2009/07/00 Hardware and software for processing credit card, debit card, and gift card transactions via mobile devices U.S. Registration 3962489 Application Date 08/05/2009 No. Registration Date 05/17/2011 Foreign Priority NONE Date Word Mark SQUARE Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 2009/07/00 First Use In Commerce: 2009/07/00 Reconciling credit card, debit card, and gift card accounts transactions via a global computer network Class 036. First use: First Use: 2009/07/00 First Use In Commerce: 2009/07/00 Reconciling, namely, processing credit card, debit card, and gift card transac- tions via a global computer network Class 038. First use: First Use: 2009/07/00 First Use In Commerce: 2009/07/00 Providing electronic transmission of credit card, debit card, and gift card transac- tion data, namely, charges U.S. Registration 4597599 Application Date 02/14/2012 No. Registration Date 09/02/2014 Foreign Priority NONE Date Word Mark SQUARE Design Mark Description of The mark consists of a two-dimensional square image surrounded by a larger Mark two-dimensional square-shaped borderbox followed by the word "Square". Goods/Services Class 009. First use: First Use: 2012/02/14 First Use In Commerce: 2012/02/14 Hardware and software for making and processing payment transactions with credit cards, debit cards, gift cards, cash, and other payment forms; financial software and accessories, namely, card readers, point of sale terminals, hard- ware andsoftware, all for accepting, effecting,enabling, facilitating, processing, operating and managing payment transactionson mobile devices, cash registers, and other point of sale systems; analytic tools, namely, software for payment processing and tracking; computer software forbusinesses, namely, software for use inenabling, operating, and managing customer relations and loyalty pro- grams Class 035. First use: First Use: 2012/02/14 First Use In Commerce: 2012/02/14 Operating and managing customer relations and loyalty programs Class 036. First use: First Use: 2012/02/14 First Use In Commerce: 2012/02/14 Accepting, processing, and reconciling credit card, debit card, gift card and other forms of payment transactions via aglobal computer network; accepting, pro- cessing, and reconciling credit card, debit card, gift card and other forms of pay- ment transactions Class 038. First use: First Use: 2012/02/14 First Use In Commerce: 2012/02/14 Providing electronic transmission of payment transactions and related informa- tion, merchant-customer communications, and advertising and promotional ma- terials;providing electronic transmission of financial and business information betweenand among customers and businesses Class 042. First use: First Use: 2012/02/14 First Use In Commerce: 2012/02/14 Providing temporary use of on-line non-downloadable computer software for payment processing and tracking; providing temporary use of on-line non- downloadable computer software for businesses, namely, software for use in en- abling, facilitating, operating, and managing customer relations and loyalty pro- grams; providingtemporary use of on-line non-downloadable computer software for use in payment processing, and for operating and managing customer rela- tions and loyalty programs and for business optimization planning and adminis- tration U.S. Registration 4606084 Application Date 10/02/2012 No. Registration Date 09/16/2014 Foreign Priority NONE Date Word Mark SQUARE WALLET Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2012/10/01 First Use In Commerce: 2012/10/01 Software for making and processing payment transactions with credit cards, debit cards, prepaid cards, cash, and other payment forms; financial software for use in making, processing, ordering, reserving, and paying for transactions via mobile devices, mobile phones, handheld devices, tablets, computers, cash re- gisters, and other point of sale systems; software that enables orders, reserva- tions, and payment processing, analyzing and tracking; software for receipts, loyalty programs, communications and customer relations; downloadable soft- ware programs for electronic map display, business finding and destination in- formation in the field of consumer oriented business U.S. Registration 4656720 Application Date 10/02/2012 No. Registration Date 12/16/2014 Foreign Priority NONE Date Word Mark SQUARE WALLET Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 2012/10/01 First Use In Commerce: 2012/10/01 payment tracking services U.S. Registration 4656721 Application Date 10/02/2012 No. Registration Date 12/16/2014 Foreign Priority NONE Date Word Mark SQUARE WALLET Design Mark Description of NONE Mark Goods/Services Class 036. First use: First Use: 2012/10/01 First Use In Commerce: 2012/10/01 Payment processing services, namely, providing secure processing of payments onmobile devices, mobile phones, handhelddevices, tablets, and computers; providing secure electronic payment acceptanceand processing services to cus- tomers, merchants, restaurants, retail stores, commercial product, service pro- viders; financial transaction services, namely, providing secure commercial transactions and payment options using a mobile device,mobile phones, hand- held devices, tablets and computers U.S. Registration 4656722 Application Date 10/02/2012 No. Registration Date 12/16/2014 Foreign Priority NONE Date Word Mark SQUARE WALLET Design Mark Description of NONE Mark Goods/Services Class 038. First use: First Use: 2012/10/01 First Use In Commerce: 2012/10/01 Providing electronic transmission of payment transactions and related informa- tion, and merchant-customer communications; providing electronic transmission of financial and business information between and among customers and busi- nesses U.S. Application 86144464 Application Date 12/16/2013 No. Registration Date NONE Foreign Priority NONE Date Word Mark SQUARE Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 0 First Use In Commerce: 0 Advertising and promotional services for others; online and mobile advertising services; advertising and marketing the products and services of others via email, global and local computer networks and via mobile electronic devices; managing and tracking credit card, debit card, gift card, pre-paid card, deferred payment card, cash and other forms of paymenttransactions for business pur- poses; providing an online searchable database featuring merchant information and information regarding the products and services of others; providing an on- line searchable database featuring the products and services of others; operat- ing on-line marketplaces for sellers and buyers of goods and/or services; provid- ing a website featuring an online marketplace for exchanging goods and ser- vices with other users; issuing and providing receipts for electronic payments and payment transactions; advertising and promoting the products and services of others through specialty offers and promotions; advertising and promoting the products and services of others by making recommendations to consumers re- garding the products and services of others that might best meet theirneeds based on the consumer's past buying or shopping behavior; advertising ser- vices, namely, promoting the gift cards,prepaid cards, gift certificates, rewards, coupons, discounts and special offers of others; providing alerts and notifica- tions regarding the products and services of others, and regarding rewards, coupons, discounts, offers and unique purchasing opportunities; promotional
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