Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1137615
`
`Filing date:
`
`06/02/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91268603
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Plaintiff
`Cucufish Tech Co., Limited
`
`JIE (LISA) LI
`GREENBERG TRAURIG, LLP
`4 EMBARCADERO CENTER, SUITE 3000
`SAN FRANCISCO, CA 94111
`UNITED STATES
`Primary Email: lil@gtlaw.com
`Secondary Email(s): gtipmail@gtlaw.com, lanej@gtlaw.com,
`zuluetai@gtlaw.com
`415-655-1255
`
`Motion to Amend Pleading/Amended Pleading
`
`Jie (Lisa) Li
`
`lil@gtlaw.com
`
`/Jie Li/
`
`06/02/2021
`
`First Amended Opposition to V Logo.pdf(246609 bytes )
`Exhibits A-F.pdf(2957960 bytes )
`Exhibit G.pdf(154660 bytes )
`Exhibit H.pdf(1076452 bytes )
`Exhibit I.pdf(365508 bytes )
`Exhibit J.pdf(1439946 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Serial No.: 88/370242
`Filing Date: April 3, 2019
`
`
`Opposed Trademark:
`Published in the Official Gazette on December 8, 2020
`
`
`
`Cucufish Tech Co., Limited,
`
`
`Opposer
`
`v.
`
`
`
`
`Simple Design Ltd
`
`
`Applicant.
`
`
`
`
`
`Opposition No.: 91268603
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`FIRST AMENDED NOTICE OF OPPOSITION
`
`Cucufish Tech Co., Limited (the “Opposer”), a Hong Kong limited company having an
`
`address at Unit D, 16/F One Capital Place, 18 Luard Road, Wan Chai, Hong Kong, believes that
`
`it is and will continue to be damaged by the issuance of a registration for the mark as shown in
`
`Simple Design Ltd’s (“Applicant”) U.S. Trademark Application Serial No. 88/370242 (the
`
`“Opposed Application”), and hereby opposes the same pursuant to Section 13 of the Trademark
`
`Act of 1946, 15 U.S.C. § 1063.
`
`As grounds for the opposition, Opposer asserts as follows:
`
`OPPOSER’S BUSINESS AND THE ACQUISITION THE NOVA APP
`
`1.
`
`On May 3, 2019, Mr. Chun Lin Lin, an individual software developer residing in
`
`Taiwan, launched a mobile software application (“app”) on Google Play store called “Video
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` 1
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`
`
`
`
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`

`

`Downloader Pro,” also known as “Nova Video Downloader” (the “Nova App”). Since the date of
`
`the launch, the Nova App has been marketed in association with a distinct, N logo (the “N Logo”),
`
`as shown below.
`
`
`
`2.
`
`Exhibit A attached hereto is a copy of Opposer’s U.S. Trademark Application No.
`
`90/091943, which included a copy of the Nova App as published on Google Play (last accessed
`
`July 30, 2020) submitted as evidence of the above N Logo being used in connection with the Nova
`
`App. See Exhibit A, at page 8.
`
`3.
`
`Mr. Lin
`
`launched
`
`the Nova App under a developer account name
`
`Polaris.view99@gmail.com. The same account has been associated with the Nova App and
`
`responsible for updating and marketing the Nova App since the launch. See Exhibit A at page 11,
`
`which
`
`is a printout of Google Play
`
`listing of
`
`the Nova App
`
`showing
`
`that
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`Polaris.view99@gmail.com as the “Developer” of the Nova App (last accessed July 30, 2020).
`
`4.
`
`Mr. Lin first registered the Polaris.view99@gmail.com with Google Play as a
`
`developer’s account as early as November 26, 2018. See Exhibit B, which is a copy of Google
`
`Play’s confirmation email sent to Mr. Lin when he initially registered the account. Mr. Lin
`
`controlled this developer’s account associated with the Nova App until Opposer acquired the Nova
`
`App along with the associated developer’s account from Mr. Lin.
`
`5.
`
`Opposer is a publisher of mobile software applications for browsing, downloading,
`
`uploading, and editing videos and photos for social media. Opposer acquired all right, title, and
`
`interest to the Nova App from Mr. Lin in late July 2020 and has taken control of the
`
` 2
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`

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`Polaris.view99@gmail.com developer’s account since then.
`
`6.
`
`As part of the acquisition, Mr. Lin assigned to Opposer all title, ownership, and
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`interest in and any and all right that he had in any country or region in the world associated with
`
`the Nova App and the N logo, all associated goodwill, any and all common law rights therein, as
`
`well as the right to sue and recover all past, present and future infringements or other violations of
`
`the Nova App name and the N Logo.
`
`7.
`
`Since its launch, the Nova App has become one of the most popular smartphone
`
`applications for browsing, downloading, uploading, and editing videos and photos for social
`
`media. As of August 2020, over ten million people worldwide have downloaded the Nova App,
`
`which ranks second amongst the most downloaded video downloader apps on Google Play. On
`
`average, the Nova App has over one million active monthly users. Opposer’s many millions of
`
`registered users have used this app to download and share millions and millions of photo and video
`
`online. The Nova App has been the subject of significant unsolicited media publicity and
`
`commentaries online as well.
`
`8.
`
`As of August 2020, the Nova App has received over 51,994 consumer reviews on
`
`Google Play. More than 76% of the consumers gave the Nova App five-star ratings. See Exhibit
`
`C, which is a report from an independent app data aggregator AppAnnie evidencing the popularity
`
`of the Nova App.
`
`9.
`
`Opposer and its predecessor in interest spent significant money and resources
`
`marketing and promoting Nova App. See Exhibit D, which is a Vimeo video advertising the Nova
`
`App that was uploaded on August 30, 2019 and has since accrued more than 1.3 million views.
`
`10.
`
`As a result of its widespread promotion and adoption, the Nova App and the
`
`associated N logo has achieved a high degree of consumer recognition and become a strong
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` 3
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`

`

`trademark that consumers recognize as the source of high quality products offered by Opposer.
`
`OPPOSER’S TRADEMARK RIGHTS AND CONTINUOUS USE
`
`11.
`
`As the assignee and owner of the Nova App and the N logo, Opposer filed the
`
`following trademark application on the USPTO Principal Register on August 4, 2020 on the basis
`
`of actual use:
`
`Opposer’s Mark
`
`Serial No.
`
`Filing Date
`
`90/091943
`
`August 4, 2020
`
`First Use in US
`Commerce
`May 4, 2019
`
`
`
`
`See Exhibit A at pages 1-2.
`
`
`12.
`
`Opposer’s Application of the N Logo, Serial No. 90/091943 shown above covers
`
`the following goods:
`
`Class 009: Downloadable mobile application for browsing the Internet for video,
`image, and other digital files; Downloadable mobile application for playing digital
`video files offline; Downloadable mobile application for downloading videos,
`image, and other digital files from the Internet; Downloadable mobile application
`for boosting download speed; Downloadable mobile application for organizing,
`editing, storing, sharing, posting, and recommending video, image, and other digital
`files; Downloadable mobile application for downloading videos, picture and other
`file content from and to social media platforms; Downloadable mobile application
`for reposting videos and pictures on social media platforms; Downloadable mobile
`application for saving videos and pictures from social media platforms;
`Downloadable mobile application for sharing and reposting videos, pictures and
`other digital content on social media platforms; Downloadable mobile application
`for downloading or reposting videos and pictures with easy steps; Downloadable
`mobile application for recommending popular video and picture posts from social
`media platforms.
`
`
`See Exhibit A at pages 1-2.
`
`13.
`
`Since at least as early as May 4, 2019, the public has recognized the N Logo in
`
`conjunction with the Nova App through the use by Opposer and its processors in interest. The N
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` 4
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`

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`Logo is inherently distinctive in this context.
`
`14.
`
`Opposer has standing to bring this opposition against the Opposed Application
`
`because Opposer has demonstrated that Applicant was not the rightful owner of the Opposed
`
`Application and was not the person that used the Opposed Mark at the time of filing the Opposed
`
`Application as evidence by the use specimen submitted.
`
`15.
`
`Opposer has standing to bring this opposition against the Opposed Application also
`
`because Opposer has demonstrated that it and its predecessor in interest have used the N Logo
`
`continuously and consistently in U.S. commerce since at least May 2019. See Exhibit C at page
`
`2, which shows that the Nova App has been routinely upgraded with various versions of software
`
`updates during May 2019 – August 2020. See also, Exhibit A at page 8, which is a printout of
`
`Google
`
`Play
`
`listing
`
`of
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`Opposer’s
`
`Nova
`
`App
`
`(URL
`
`https://play.google.com/store/apps/details?id=nova.all.video.downloader, last accessed July 30,
`
`2020) and submitted as evidence of Opposer’s use of the N Logo at the time of filing Opposer’s
`
`Trademark Application No. 90/091943; and Exhibit E, which is a printout from the same Google
`
`Play app listing (URL https://play.google.com/store/apps/details?id=nova.all.video.downloader,
`
`last accessed May 26, 2021) that shows Opposer’s continued use of the N logo as of the time of
`
`filing this First Amended Notice of Opposition.
`
`16.
`
`Moreover, Opposer’s Nova App has been continuously available for download by
`
`consumers in the United States via plenty of other websites, including but not limited to the
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`following:
`
`https://apkpure.com/video-downloader-pro-download-videos-fast-
`
`free/nova.all.video.downloader;
`
`https://en.apksum.com/app/nova-video-downloader/nova.all.video.downloader?q=search;
`
` 5
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`

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`https://apkfab.com/video-downloader-pro-download-all-videos-
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`free/nova.all.video.downloader; and
`
`https://video-downloader-pro-download-all-videos-free.en.softonic.com/android;
`
`https://apktada.com/app/nova.all.video.downloader.
`
`See Exhibits F1-F4.
`
`
`
`APPLICANT AND THE OPPOSED APPLICATION
`
`17.
`
`On information and belief, Applicant Simple Design Ltd is a limited company
`
`incorporated in the British Virgin Islands. Applicant’s physical business operations are based in
`
`Hangzhou, China. Applicant also develops and publishes mobile software applications with
`
`similar functionalities and distribution channels as those of Opposer.
`
`18.
`
`On April 3, 2019, Applicant filed its Application Serial No. 88/370242 to register
`
`a V logo
`
` (“V Logo”) in connection with the following goods:
`
`Class 009: Downloadable mobile applications for browsing videos with the built-
`in browser; Downloadable mobile applications for playing videos offline with the
`built-in player; Downloadable mobile applications for downloading videos from
`website; Downloadable mobile applications for downloading HD videos;
`Downloadable mobile applications for downloading all different types of video file
`formats; Downloadable mobile applications for saving downloaded files in a
`password-protected folder; Downloadable mobile applications for downloading
`videos in the background; Downloadable mobile applications for managing
`downloaded video files.
`
`
`
`19.
`
`The Opposed Application for the V Logo was filed based on actual use under
`
`Lanham Act Sections 1(a), alleging a first date of use of March 31, 2019. Applicant submitted a
`
`verified specimen as evidence of Applicant’s purported use of the V Logo at time of filing. See
`
`Exhibit G, which is the printout from Google Play that Applicant submitted showing an app
`
`named “All Video Downloader 2019” that used the V Logo. However, the specimen clearly
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` 6
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`showed that the app was offered and published by a company called InShot Inc., not by
`
`Applicant Simple Design Ltd. The app is still being offered and published by InShot Inc. as of
`
`the time of this First Amended Notice of Opposition. See Exhibit H, which is a printout from
`
`Google Play of the “All Video Downloader 2019” app showing InShot Inc. as the publisher of
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`the app as of the date of this First Amended Notice of Opposition (URL
`
`https://play.google.com/store/apps/details?id=all.video.downloader.allvideodownloader, last
`
`accessed May 26, 2021).
`
`20.
`
`On January 26, 2021, Applicant opposed Opposer’s U.S. Trademark Application
`
`No. 90/091943 for the N Logo as Opposition No. 91267266, asserting multiple grounds,
`
`including that Opposer’s N Logo is confusingly similar to Applicant’s V Logo. See Exhibit I,
`
`which is a copy of Applicant’s Notice of Opposition against Opposer’s N Logo.
`
`21.
`
`On April 7, 2021, Opposer filed a Notice Opposition Against Applicant’s U.S.
`
`Trademark Application No. 88/370242 for the V Logo as Opposition No. 91268603, asserting
`
`that Applicant Simple Design Ltd was not the rightful owner of the V Logo.
`
`22.
`
`On May 13, 2021, instead of answering Opposition No. 91268603, Applicant
`
`filed a Motion to Dismiss and produced, as one of the exhibits, a “Trademark License
`
`Agreement” dated February 16, 2019 signed by Applicant (as licensor) and a Chinese company
`
`Hangzhou Inshot Tech Co. Ltd. (as licensee) as purported evidence that Applicant was the
`
`rightful owner of the V Logo. See Exhibit J, which is a copy of Applicant’s Motion to Dismiss
`
`and Exhibits, at pages 28-32.
`
`23.
`
`As an initial matter, the Trademark License Agreement is void and invalid, as a
`
`matter of law, because it lacked consideration. The purported license from Applicant to InShot
`
`was “royalty-free” and for an indefinite period of time, however, InShot was not required to pay
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`any money or up-front license fee for use of the V Logo. Under California contract law, which
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`the parties chose as the governing law of said agreement, a consideration is an essential element
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`in the formation of a contract, without which the agreement is void and invalid.
`
`24.
`
`The Trademark License Agreement, as a matter of law, is void and invalid also
`
`for other reasons, including, that it failed to define a “Territory” of the license granted. It is
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`unclear in which countries or jurisdictions InShot was purportedly authorized to use the V Logo.
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`There is no mentioning anywhere in the agreement whether InShot even had the right to use the
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`V Logo in the United States.
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`25.
`
`Moreover, although the Trademark License Agreement cursorily mentions
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`“quality control” by licensor of licensee’s use of the trademark, it had no detailed criterion or
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`measure for exercising such quality control. Upon information and belief, Applicant did not
`
`actually exercise any such quality control over InShot. Therefore, such naked license of
`
`trademark is void and invalid as a matter of law.
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`26.
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`Other terms of the Trademark License Agreement further confirmed, as a matter
`
`of fact, that Applicant had no right to the V Logo at the time of filing the Opposed Trademark
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`Application. Applicant itself admits that the first date of use for the V Logo was March 31, 2019
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`and its U.S. Trademark Application No. 88/370242 for the V Logo was not filed until April 3,
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`2019. Because Applicant did not own any U.S. trademark application or use the V Logo in the
`
`United States until weeks after signing the Trademark License Agreement, Applicant could not
`
`and did not have any trademark rights in the V Logo to license InShot when signing the
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`Trademark License Agreement as of February 16, 2019. Therefore, the Trademark License
`
`Agreement proves that Applicant was not the rightful owner of the V Logo at the time of filing
`
`the Opposed Application, which relied on InShot’s use of the V Logo as the filing basis.
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`COUNT I – Applicant Was Not the Rightful Owner
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`27.
`
`Opposer realleges and incorporates by reference the preceding allegations in
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`Paragraphs 1-26 of this First Amended Notice of Opposition.
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`28.
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`Applicant was not the rightful owner of the Opposed Application because it was
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`not the person or entity using the V Logo at the time of filing the Opposed Application.
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`Applicant knowingly misrepresented to the USPTO under oath that the V Logo was in use in
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`commerce by Applicant. However, the use specimen Applicant relied on clearly showed that the
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`V Logo was used by InShot, and not by Applicant. The V Logo is still being used by InShot, not
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`Applicant itself.
`
`29.
`
`Based on a February 16, 2019 Trademark License Agreement produced by
`
`Applicant, InShot and Applicant are two distinct companies. However, such agreement was not
`
`a valid trademark license from Applicant to InShot, or vice versa, because it had no
`
`consideration and no definite of terms regarding the territory, duration, or quality control for the
`
`license grant. Therefore, no valid license agreement for the V Logo exists between Applicant
`
`and InShot.
`
`30.
`
`Applicant falsely claimed to be the owner of the V Logo and filed the Opposed
`
`Application, relying on InShot’s use of the V Logo as the sole filing basis, knowing that
`
`Applicant was not the rightful owner. Applicant filed the Opposed Application in order to
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`deceive the USPTO and fraudulently procure registration of the V Logo under Applicant’s name.
`
`31.
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`The false representation was material because, but for the false representation, the
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`USPTO would not have published the Opposed Application based on 1(a) basis without proof of
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`use by Applicant. The Opposed Application is therefore void ab initio, pursuant to 15 U.S.C.
`
`§1051(a) and 37 C.F.R. §2.71(d).
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`32.
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`Based on the foregoing, Applicant’s misrepresentation to the USPTO and the lack
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`of use of the V Logo by Applicant are grounds for denying registration of the Opposed
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`Application entirely.
`
`33.
`
`Applicant’s attempt to register the V Logo and further relying on it as the basis to
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`block Opposer’s Application for the N Logo would cause injury to Opposer’s rights in its N
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`Logo with consequent damage to Opposer. Therefore, registration of Applicant’s V Logo is
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`prohibited by 15 U.S.C. §1052(d).
`
`COUNT II – Fraud
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`34.
`
`Opposer realleges and incorporates by reference the preceding allegations in
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`Paragraphs 1-33 of this First Amended Notice of Opposition.
`
`35.
`
`The Opposed Application submitted on April 3, 2019 for the V Logo included a
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`37 C.F.R. §2.20 Declaration, signed under penalty of perjury, that the Applicant was the owner
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`of the V Logo trademark.
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`36.
`
`For reasons stated above, Applicant was not the rightful owner of the Opposed
`
`Application because it was not the person or entity using the V Logo at the time of filing the
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`Opposed Application. Applicant intentionally misled the USPTO that the V Logo was in use in
`
`commerce by Applicant whereas the use specimen Applicant relied on clearly showed that the V
`
`Logo was used by InShot, a separate and distinct entity from Applicant.
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`37.
`
`There was no valid trademark license from Applicant to InShot, or vice versa, for
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`the V Logo.
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`38.
`
`Applicant falsely claimed to be the owner of the V Logo and filed the Opposed
`
`Application, relying on InShot’s use of the V Logo as the sole filing basis, knowing that
`
`Applicant was not the rightful owner or user of the trademark. Applicant filed the Opposed
`
`
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`10
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`Application in order to deceive the USPTO and fraudulently procure registration of the V Logo
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`under Applicant’s name.
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`39.
`
`Based on the foregoing, Applicant’s fraud on the USPTO is grounds for denying
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`registration of the Opposed Application entirely.
`
`WHEREFORE, Opposer requests that the Trademark Trial and Appeal Board:
`
`a.
`
`b.
`
`Sustain this Opposition;
`
`Refuse registration of Applicant’s V Logo as shown in the Opposed Application
`
`No. 88/370242; and
`
`c.
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`Grant Opposer any further relief the Board deems equitable.
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`Dated: June 2, 2021
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`By: ____/Jie Li/_________________________
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`Jie (Lisa) Li
`GREENBERG TRAURIG, LLP
`4 Embarcadero Center, Suite 3000
`San Francisco, CA 94111
`lil@gtlaw.com; GTIPMAIL@gtlaw.com
`Counsel for Opposer
`
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`11
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`
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`CERTIFICATE OF SERVICE
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`
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`I hereby certify that a copy of the foregoing First Amended Notice of Opposition was
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`served on Applicant via email to: tm@bayramoglu-legal.com on this 2nd day of June 2021.
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`
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`Dated: June 2, 2021
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`By: ____/Jie Li/_________________________
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`Jie (Lisa) Li
`GREENBERG TRAURIG, LLP
`4 Embarcadero Center, Suite 3000
`San Francisco, CA 94111
`lil@gtlaw.com; GTIPMAIL@gtlaw.com
`
`Counsel for Opposer
`
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`12
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`Exhibit A
`Exhibit A
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
`Trademark/Service Mark Application, Principal Register
`
`Serial Number: 90091943
`Filing Date: 08/04/2020
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`MARK INFORMATION
`
`*MARK
`
`SPECIAL FORM
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`COLOR MARK
`
`*DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`PIXEL COUNT ACCEPTABLE
`
`PIXEL COUNT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`INTERNAL ADDRESS
`
`*MAILING ADDRESS
`
`*CITY
`
`*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`*EMAIL ADDRESS
`
`LEGAL ENTITY INFORMATION
`
`90091943
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\900\919\90091943\xml1 \ APP0002.JPG
`
`YES
`
`NO
`
`N
`
`NO
`
`The mark consists of a design of a backward letter "N" with six
`shaded squares inside and on the left from top to bottom and an
`arrow pointing down making up the right side of the letter. All
`the foregoing appears on a shaded, squared-shaped
`background.
`
`YES
`
`300 x 300
`
`Principal
`
`Cucufish Tech Co., Limited
`
`Unit D, 16/F
`
`One Capital Place, 18 Luard Road
`
`Wan Chai
`
`Hong Kong
`
`XXXX
`
`TYPE
`
`limited company (ltd.)
`
`STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`WHERE LEGALLY ORGANIZED
`
`Hong Kong
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`INTERNATIONAL CLASS
`
`009 
`
`Downloadable mobile application for browsing the Internet for
`video, image, and other digital files; Downloadable mobile
`application for playing digital video files offline;
`Downloadable mobile application for downloading videos,
`
`

`

`*IDENTIFICATION
`
`FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`       SPECIMEN FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (6 pages)
`
`       
`
`       
`
`       
`
`       
`
`       
`
`       SPECIMEN DESCRIPTION
`
`ATTORNEY INFORMATION
`
`NAME
`
`ATTORNEY BAR MEMBERSHIP NUMBER
`
`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH/ TERRITORY
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`image, and other digital files from the Internet; Downloadable
`mobile application for boosting download speed;
`Downloadable mobile application for organizing, editing,
`storing, sharing, posting, and recommending video, image, and
`other digital files; Downloadable mobile application for
`downloading videos, picture and other file content from and to
`social media platforms; Downloadable mobile application for
`reposting videos and pictures on social media platforms;
`Downloadable mobile application for saving videos and
`pictures from social media platforms; Downloadable mobile
`application for sharing and reposting videos, pictures and other
`digital content on social media platforms; Downloadable
`mobile application for downloading or reposting videos and
`pictures with easy steps; Downloadable mobile application for
`recommending popular video and picture posts from social
`media platforms
`
`SECTION 1(a)
`
`At least as early as 05/04/2019
`
`At least as early as 05/04/2019
`
`SPE0-6716955126-202007301
`11611456640_._Nova_N_logo.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\900\919\90091943\xml1\ APP0003.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\900\919\90091943\xml1\ APP0004.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\900\919\90091943\xml1\ APP0005.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\900\919\90091943\xml1\ APP0006.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\900\919\90091943\xml1\ APP0007.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\900\919\90091943\xml1\ APP0008.JPG
`
`Printout from Google Play showing use of the mark for the
`goods
`
`Jie (Lisa) Li
`
`XXX
`
`XXXX
`
`XX
`
`Greenberg Traurig, LLP
`
`4 Embarcadero Center, Suite 3000
`
`San Francisco
`
`California
`
`United States
`
`

`

`ZIP/POSTAL CODE
`
`PHONE
`
`EMAIL ADDRESS
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`94111
`
`415-655-1255
`
`lil@gtlaw.com
`
`Jie (Lisa) Li
`
`lil@gtlaw.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`
`gtipmail@gtlaw.com; lanej@gtlaw.com; zuluetai@gtlaw.com
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`TEAS Standard
`
`1
`
`275
`
`275
`
`275
`
`/Cuicui Xu/
`
`Cuicui Xu
`
`CEO
`
`08/04/2020
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
` 
`
`Trademark/Service Mark Application, Principal Register
`
`To the Commissioner for Trademarks:
`
`Serial Number: 90091943
`Filing Date: 08/04/2020
`
`MARK: N (stylized and/or with design, see mark)
`The literal element of the mark consists of N. The applicant is not claiming color as a feature of the mark. The mark consists of a design of a
`backward letter "N" with six shaded squares inside and on the left from top to bottom and an arrow pointing down making up the right side of the
`letter. All the foregoing appears on a shaded, squared-shaped background.
`The applicant, Cucufish Tech Co., Limited, a limited company (ltd.) legally organized under the laws of Hong Kong, having an address of
`      Unit D, 16/F
`      One Capital Place, 18 Luard Road
`      Wan Chai
`      Hong Kong
`      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:  Downloadable mobile application for browsing the Internet for video, image, and other digital files; Downloadable
`mobile application for playing digital video files offline; Downloadable mobile application for downloading videos, image, and other digital files
`from the Internet; Downloadable mobile application for boosting download speed; Downloadable mobile application for organizing, editing,
`storing, sharing, posting, and recommending video, image, and other digital files; Downloadable mobile application for downloading videos,
`picture and other file content from and to social media platforms; Downloadable mobile application for reposting videos and pictures on social
`media platforms; Downloadable mobile application for saving videos and pictures from social media platforms; Downloadable mobile
`application for sharing and reposting videos, pictures and other digital content on social media platforms; Downloadable mobile application for
`downloading or reposting videos and pictures with easy steps; Downloadable mobile application for recommending popular video and picture
`posts from social media platforms
`
`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 05/04/2019, and first used in commerce at least as early as 05/04/2019, 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) Printout from Google Play showing use of the mark for the goods.
`
`Original PDF file:
`SPE0-6716955126-202007301 11611456640_._Nova_N_logo.pdf
`Converted PDF file(s) (6 pages)
`Specimen File1
`Specimen File2
`Specimen File3
`Specimen File4
`Specimen File5
`Specimen File6
`
`The owner's/holder's proposed attorney information: Jie (Lisa) Li. Jie (Lisa) Li of Greenberg Traurig, LLP, is a member of the XX bar, admitted
`to the bar in XXXX, bar membership no. XXX, is located at
`      4 Embarcadero Center, Suite 3000
`      San Francisco, California 94111
`      United States
`      415-655-1255(phone)
`      lil@gtlaw.com
`
`

`

`Jie (Lisa) Li 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:
`
`      Jie (Lisa) Li
`
`       PRIMARY EMAIL FOR CORRESPONDENCE: lil@gtlaw.com
`       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gtipmail@gtlaw.com; lanej@gtlaw.com; zuluetai@gtlaw.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 $275 has been submitted with the application, representing payment for 1 class(es).
`
`Basis:
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`Declaration
`
`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: /Cuicui Xu/   Date: 08/04/2020
`Signatory's Name: Cuicui Xu
`Signatory's Position: CEO
`Payment Sale Number: 90091943
`Payment Accounting Date: 08/04/2020
`
`Serial Number: 90091943
`Internet Transmission Date: Tue Aug 04 13:22:28 ET 2020
`TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020080413222837
`5258-90091943-740992edcd8a7c219c27841558
`ddb6a6b24e4fb1da2b8fa929b2e53117e159b2a-
`DA-22280319-20200803145007574876
` 
`
`

`

`

`

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