Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA551262
`ESTTA Tracking number:
`07/30/2013
`
`Filing date:
`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
`Granted to Date
`of previous
`extension
`Address
`
`MarketAxess Holdings Inc.
`07/31/2013
`
`299 Park Avenue 10th Floor
`New York, NY 10171
`UNITED STATES
`
`Attorney
`information
`
`Monica B. Richman
`Dentons US LLP
`P.O. Box #061080
`Chicago, IL 60606-1080
`UNITED STATES
`monica.richman@dentons.com,trademarks.us@dentons.com,mary.mathew@de
`ntons.com,ian.farias@dentons.com Phone:212-768-5367
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85445863
`07/30/2013
`
`Publication date
`Opposition
`Period Ends
`
`04/02/2013
`07/31/2013
`
`TRUEEX GROUP LLC
`165 5TH AVENUE SUITE 902
`NEW YORK, NY 10010
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 036.
`All goods and services in the class are opposed, namely: FINANCIAL SERVICES FOR
`DERIVATIVES TRADING, NAMELY, PROVIDING A TRADING EXCHANGE FOR DERIVATIVES
`FOR OTHERS; PROVIDING INTERNET-BASED DERIVATIVE TRADING EXCHANGES;
`PROVIDING NETWORK-BASED DERIVATIVE TRADING EXCHANGES; ESTABLISHING AND
`ISSUING FINANCIAL INSTRUMENTS AND DERIVATIVES FOR OTHERS; AND PROVIDING
`INFORMATION CONCERNING DERIVATIVES BASED FINANCIAL INSTRUMENTS AND
`PRODUCTS TO OTHERS
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
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`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`
`85898905
`
`Application Date
`
`04/09/2013
`
`

`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`TRADE ON
`
`NONE
`
`Class 036. First use: First Use: 2010/07/19 First Use In Commerce: 2010/07/19
`Financial services, namely, an electronic trading platform for fixed income
`securities and trading-related products and services, including market data,
`connectivity, technology, and execution services
`
`Attachments
`
`TRADEON - Notice of Opposition.pdf(2595940 bytes )
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Signature
`Name
`Date
`
`/monica b. richman/
`Monica B. Richman
`07/30/2013
`
`

`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
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`)
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`) Opposition No.
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`MarketAxess Holdings Inc.
`
`Opposer,
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`v.
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`TrueEx Group LLC
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`Applicant.
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`85/445863
`TRADEON
`36
`October 12, 2011
`April 2, 2013
`
`
`
`Serial No.
`Mark:
`Class:
`Filed:
`Published:
`
`
`
`NOTICE OF OPPOSITION
`
`Opposer, MarketAxess Holdings Inc. (“Opposer”), a Delaware corporation, with
`
`
`
`an address at 299 Park Avenue, 10th Floor, New York, NY 10171, believes that it would
`
`be damaged by registration of Application 85/445863 for the mark TRADEON (the
`
`“Application”) and hereby opposes that application. On information and belief, the
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`Application was filed by TrueEx Group LLC (“Applicant”), a Delaware limited liability
`
`company, with an address at 165 5th Avenue, Suite 902, New York, New York 10010.
`
`
`
`The United States Patent and Trademark Office (the “USPTO”) published the
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`Application for opposition on April 2, 2013. Opposer timely filed a request for extension
`
`of time to oppose the Application at the Trademark Trial and Appeal Board (the
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`“Board”). The Board granted Opposer’s request giving Opposer until July 31, 2013 to
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`file the notice of opposition. Accordingly, Opposer has timely filed this opposition.
`
`
`17797796\V-2
`
`

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`As grounds of opposition, Opposer hereby alleges:
`
`
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`1.
`
`Opposer has been continuously using, advertising and promoting, in commerce,
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`OPPOSER’S MARK
`
`the TRADE ON mark since at least as early as July 2010 in connection with
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`financial services, namely, an electronic trading platform for fixed income
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`securities and trading-related products and services, including market data,
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`connectivity, technology, and execution services” (Opposer’s Financial
`
`Services”).
`
`2.
`
`Opposer owns exclusive common law rights to the mark TRADE ON and owns a
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`trademark application for the TRADE ON mark, namely, Application No.
`
`85/898905 filed with the USPTO on April 9, 2013 with date of first use in
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`commerce claimed from July 10, 2010. See Exhibit 1.
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`3.
`
`By reason of Opposer’s extensive use, advertisement and promotion of the mark
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`TRADE ON, the public closely associates the mark with Opposer and Opposer’s
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`Financial Services.
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`4.
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`Opposer has been using, advertising and promoting its TRADE ON mark in
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`commerce in connection with Opposer’s Financial Services prior to the filing date
`
`of the Application, which claims no date of first use, only an intent to use. See
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`Application excerpt as Exhibit 2.
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`5.
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`On information and belief, Opposer has been using, advertising and promoting its
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`TRADE ON mark in commerce in connection with Opposer’s Financial Services
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`since prior to Applicant’s first use, if any, for the mark TRADEON in connection
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`2
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`17797796\V-2
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`

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`with the financial services specified in the Application. Thus, Opposer is the
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`senior user of the TRADE ON mark.
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`6.
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`The TRADE ON mark is an asset of substantial value to Opposer as a symbol of
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`Opposer, its quality financial services and the valuable goodwill associated
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`therewith.
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`
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`APPLICANT’S FILING
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`7.
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`Despite Opposer’s senior rights to the TRADE ON mark, Applicant filed the
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`Application with the USPTO on October 12, 2011, seeking to register the mark
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`TRADEON for “financial services for derivatives trading, namely, providing a
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`trading exchange for derivatives for others; providing internet-based derivative
`
`trading exchanges; providing network-based derivative trading exchanges;
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`establishing and issuing financial instruments and derivatives for others; and
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`providing information concerning derivatives based financial instruments and
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`products to others” in International Class 36, with no allegations of use of the
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`mark anywhere and/or in commerce and based on a future intention to use the
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`mark in the United States.
`
`8.
`
`Applicant’s claimed mark TRADEON, when used in connection with the services
`
`specified in the Application, will likely cause confusion, mistake or deception
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`with Opposer’s mark TRADE ON because Applicant’s claimed mark TRADEON
`
`is confusingly similar to, and indeed identical to Opposer’s mark (there is only a
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`difference of a space in between the respective marks), and because the services
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`3
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`17797796\V-2
`
`

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`specified in the Application are closely related to the Opposer’s Services in
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`connection with which Opposer has used and is using its TRADE ON mark.
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`
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`DAMAGE TO OPPOSER
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`9.
`
`If Applicant were permitted to use or register the mark, TRADEON, for the
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`services specified in the Application, it would cause damage and injury to
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`Opposer's business reputation and goodwill, and would injure and impair
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`Opposer's senior rights in its mark TRADE ON. The aforesaid confusion,
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`mistake and deception will generate the erroneous impression that the Applicant's
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`services originate with Opposer or that Applicant's services are authorized,
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`licensed or endorsed by, or are connected or associated in some way with Opposer
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`or Opposer’s Services in connection with which Opposer has used and is using
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`the mark TRADE ON. Thus, any fault found with Applicant or its services would
`
`reflect adversely upon and damage Opposer’s TRADE ON mark and the valuable
`
`goodwill associated therewith.
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`10.
`
`If Applicant were granted the registration applied for, it would thereby obtain, at
`
`least, the prima facie exclusive right to use the mark, TRADEON, on the services
`
`specified in the Application. Such registration would thus be a source of damage
`
`and injury to Opposer and would be inconsistent with Opposer’s senior and
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`exclusive rights in the mark TRADE ON.
`
`4
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`17797796\V-2
`
`

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`WHEREFORE, Opposer requests that this opposition be sustained and
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`that registration of Application Serial No. 85/445863 be refused and denied.
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`Respectfully submitted,
`
`MarketAxess Holdings Inc.
`
`By: /s/ Monica B. Richman/
`Monica B. Richman, Esq.
`Mary S. Mathew, Esq.
`Dentons US LLP
`P.O. Box #061080
`Wacker Drive Station, Willis Tower
`Chicago, IL 60606
`212-768-5367
`monica.richman@dentons.com
`mary.mathew@dentons.com
`trademarks.us@dentons.com
`
`Attorneys for MarketAxess Holdings Inc.
`
`
`
`Dated: July 30, 2013
`
`5
`
`
`
`17797796\V-2
`
`

`
`
`
`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that I caused a true and correct copy of the foregoing NOTICE OF
`
`OPPOSITION to be served upon:
`
`
`
`Carl H. Pierce
`Reed Smith LLP
`PO Box 7990
`Philadelphia, PA 19101-7990
`
`
`
`by placing same in an envelope, properly sealed and addressed, with postage prepaid and
`
`depositing same with the United States Postal Service on this 30th day of July, 2013.
`
`Filed with the TTAB via
`ESTTA on July 30, 2013
`
`
`/s/ /mary mathew/
`Mary S. Mathew
`
`
`
`6
`
`
`
`17797796\V-2
`
`

`
`EXHIBIT 1
`EXHIBIT 1
`
`
`
`

`
`PTO Form 1478 (Rev 9/2006)
`
`OMB No. 0651-0009 (Exp 12/31/2014)
`
`Trademark/Service Mark Application, Principal Register
`
`Serial Number: 85898905
`Filing Date: 04/09/2013
`To the Commissioner for Trademarks:
`
`MARK: TRADE ON (Standard Characters, see mark)
`The literal element of the mark consists of TRADE ON.
`The mark consists of standard characters, without claim to any particular font, style, size, or color.
`
`The applicant, MarketAxess Holdings Inc., a corporation of Delaware, having an address of
` 299 Park Avenue, 10th Floor
` New York, New York 10171
` United States
`
`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 036: Financial services, namely, an electronic trading platform for fixed income
`securities and trading-related products and services, including market data, connectivity, technology, and
`execution services
`
`In International Class 036, 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 07/19/2010, and first used in commerce at least as
`early as 07/19/2010, 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 and/or services, consisting of a(n) marketing and promotional materials.
`JPG file(s):
`Specimen File1
`Original PDF file:
`SPE0-2-216223171102-171946726_._TRADE_ON_-_Specimen_1.pdf
`Converted PDF file(s) (4 pages)
`Specimen File1
`Specimen File2
`Specimen File3
`Specimen File4
`
`The applicant's current Attorney Information:
` Monica B. Richman and Mary S. Mathew, Carol Anne Been, Samuel Fifer, Tara Reedy Sliva and all
`other attorneys of Dentons US LLP
` P.O. Box #061080
`
`

`
` Chicago, Illinois 60606-1080
` United States
`The attorney docket/reference number is 21604652-0004.
`The applicant's current Correspondence Information:
` Monica B. Richman
` Dentons US LLP
` P.O. Box #061080
` Chicago, Illinois 60606-1080
` 212-768-5367(phone)
` 212-768-6800(fax)
` trademarks@snrdenton.com (authorized)
`
`A fee payment in the amount of $325 has been submitted with the application, representing payment for 1
`class(es).
`
`Declaration
`
`The undersigned, being hereby warned that willful false statements and the like so made are punishable by
`fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and
`the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is
`properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to
`be the owner of the trademark/service mark sought to be registered, or, if the application is being filed
`under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce;
`to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right
`to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to
`be likely, when used on or in connection with the goods/services of such other person, to cause confusion,
`or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and
`that all statements made on information and belief are believed to be true.
`
`Declaration Signature
`
`Signature: /Charles R. Hood/ Date: 04/09/2013
`Signatory's Name: Charles R. Hood
`Signatory's Position: General Counsel
`RAM Sale Number: 85898905
`RAM Accounting Date: 04/09/2013
`
`Serial Number: 85898905
`Internet Transmission Date: Tue Apr 09 13:41:22 EDT 2013
`TEAS Stamp: USPTO/BAS-216.223.171.102-20130409134122
`875441-85898905-5003adaf650dd14be21ef4fe
`cc05da2c59f34138a02a1e90d1de7e1121245797
`26-CC-11537-20130405171946726988
`
`

`
`TRADE ON
`
`

`
`

`
`A MarkerAxesS- lVlarl<e1Axess provides fund managers for insurance companies
`
`the ability to trade with a larger and more diverse network of
`dealers to achieve superior execution quickly and efficiently.
`
`EXECUTION HIGHLIGHTS
`
`“A >$5mm Executed U.S. High Grade 'I’rades* by Dealers inquired
`
`70%
`
`50% ' M ’"
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`
`Average Number of Dealer Responses* by Dealers inquired [>$5mm)
`
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`Investor Clients Send Block
`
`Inquiry to More Dealers
`investors are using Marl<etAxess to
`access U.S. High Grade liquidity for
`trades larger than $5 million. In 1H
`2010, more black trades executed
`
`on Marketfiixess originate from client
`inquiry that was sent to the largest
`group of dealers (>20 dealers selected).
`
`In addition, when investors send block-
`sized inquiryto over 20 dealers, they
`see hit rates improve over 10% on
`average compared to when inquiry is
`sent to five or fewer dealers.
`
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`
`Dealer Responses Improve
`When More Dealers Are Selected
`Following the credit crisis. MarketAxess
`effectively doubled the number of
`liq uidity-providing dealers on its trading
`system to enhance dealer responses
`to client order flow. Recent activity on
`the system shows that investors who
`send block sized inquiry (>$5mm in
`U.S. High Gradel to 11 or more dealers
`receive nearly three times more dealer
`responses on average.
`
`

`
`POWER UP YOUR TRADING ON MARKETAXESS
`
`Take advantage of liquidity
`and execution opportunities by
`maximizing the Full Functionality
`of the syslern.
`
`A I‘-'l.>w Iiruuuv
`_
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`
`Re-quest Bidwmr ‘ 550 in: IS ]l?
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`
`Executing Single-llem
`inquiries on Market/Xxess
`
`Fund managers can trade recent new
`issues and off-the-run bonds individually
`or selectively add to their positions using
`the singie—item inquiry page to reach the
`dealers of their choice.
`
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`Executing Bid and Offer Lists
`on Markemxess
`
`Rebalancing portfolios is easy using
`the patented list trading functionality
`for up to 40 items. What once took
`hours by phone, fax and email can
`take just minutes on MarketAxess.
`
`Dealer Inventory and
`_
`Aclvzizicccl Filler
`
`Over 12,000 line items of US. High
`Grade dealer inventory are posted on
`MarketAxess each day, providing a
`valuable way to find issues that best fit
`unique investment strategies. Looking
`for bonds that fit particular investment
`criteria? Use the Advanced Filter to
`quickly find appropriate bonds.
`
`

`
`A MarketAxess'
`
`EXTENSIVE DEALER LIQUIDITY
`
`MarketAxess offers institutional investors the deepest liquidity group available electronically for U.S. corporate credit, Managers for insurance
`company portfolios can electronically execute trades across virtually all sizes and maturities. For small to medium size trades, managers can
`realize the power oi‘ the system by accessing liquidity provided by neariy 60 dealers — including major, regional, and specialized dealers —
`helping them find the best execution levels available in the most efficient manner. For larger block trades, managers can extend their trading
`network beyond their preferred dealers to achieve electronic trading benefits of transparency, efficiency and straight-through processing (STP).
`
`U.S. High Grade Liquidity Providers (as of June 2010)
`
`A Banc of America Securities LLC
`Barclays Capital, Inc.
`BEI&T Capital Markets
`BNP Paribas Securities Corp.
`BNY Mellon Capital Markets LLC
`Broadpoint Capital, Inc.
`Brownstone Investment Group
`BTIG, LLC
`Cabrera Capital Markets
`Cantor Fitzgerald & Co.
`CIBC worid Markets Corp.
`Citadel Securities, LLC
`Citigroup Global Markets inc.
`Credit Suisse Securities LLC
`Deutsche Bank Securities Inc.
`Fidelity Capital Markets
`Financial Securities Corp.
`First Ballantyne
`First New York
`
`A Top 5 Dealers by volume 2010 ‘(TD
`
`First Tryon
`GMS Group, LLC
`Goldman, Sachs & Co.
`Guzman & Company
`H.C. Wainwright 8. Co.,
`HSBC Securities Inc.
`lncapital, LLC
`Interactive Brokers Inc.
`Janney Montgomery Scott LLC
`JP. Morgan Securities Inc.
`A Jefferies & Company. Inc.
`Keefe, Bruyette & Woods, Inc.
`Keybanc Capital Markets Inc.
`Knight Libertas, LLC
`Loop Capital
`Maxim Group LLC
`Mesirow Financial Inc.
`MF Giobal Inc.
`
`Miller Tabak Roberts Securities, LLC
`
`A Morgan Stanley & Co. Incorporated
`National Bank of Canada Financial
`Nomura Securities International,
`Pershing Group LLC
`Piper Jaffray & Company
`Raymond James & Associates, Inc.
`RBC Capital Markets Corporation
`RB5 Securities Inc.
`Robert W. Baird & Co. Incorporated
`Stifel, Nicolaus & Company, Incorporated
`Susquehanna International Group, LLLP
`Tahoe Fixed Income LLC
`U.S. Bank Corp.
`UBS Securities LLC
`Wall Street Access
`A Wells Fargo Securities. LLC
`Williams Capital Group L.P.
`
`FOR MORE INFORMATION
`
`‘Please contact your sales representative for more information or email uscs@marketaxcss.com.
`
`ABOUT MARKETAXESS
`
`MarketAxess operates a leading electronic trading platform that enables investment industry professionals to efficiently trade corporate bonds and other types of
`fixed—income instruments. MarketAxess' patented trading technology allows institutional investor clients to request competitive. executable bids or offers from
`multiple broker—dealers simultaneously. and to execute trades with the broker-dealer of their choice. Approximately 760 institutional investors are active users of
`the MarketAxess trading platform, accessing the global liquidity provided by MarketAxess' 72 broker-dealer clients in US. high-grade corporate bonds, European
`bonds. high yield and emerging markets bonds, agency bonds and credit default swaps. MarketAxess also offers a number of trading~related products and services.
`including: market data to assist clients with trading decisions; connectivity solutions that facilitate straight—through processing; technology services to optimize
`trading environments; and execution services for exchange-traded fund managers and other clients. MarketAxess maintains its headquarters in New York and has
`offices ll"l London, Chicago and Salt Lake City. For more information, please visit www.marketaxess.com.
`
`MNFRADI NG
`
`MA/TECHNOLOGIES
`
`MA/MAR KET DATA
`
`U.S. High Grade - Eurobonds
`Emerging Markets - Credit Default Swaps
`U.S. Agency - High Yield/Crossovers
`5TP Solutions 0 Execution Services - D2D
`
`Technology Services I LiquidityBridgeT'-‘
`LiquidityBridge Aggregator - VeriFIX° -
`CertiF|X' - MagniFlX‘° - Metririx‘
`
`U.S. and European Corporate Bond‘l‘icker"-‘ 0
`Bulk Data and inventory Services 0
`Portfolio Pricing 0 Treasury Data 0
`Structured Products I Compliance Suite
`
`@2010 Markemxcss Holdings Inc. Marketltxess is a trademark of Markemxess Holdings Inc. Market/txess Corporation, member SIPC.
`Marl<etAxess Europe I to. is regulated by I SA.
`
`

`
`1'; S.:.';:'.: h P-'l.':l'
`
`on THE r'\"iAR'KI:I A
`
`p curat-3 E. :3 nd-_=
`
`"
`
`'2
`
`High Grade Most Active Bonds
`I14,-“I15,-"13 I]I]:3l]:1? EDT
`
`ISSUE‘
`B1’-‘«CR 7.?50 4,I"10,I"23 :18
`
`EST UoL__(Mr~1]
`238.10?
`
`LAST sDREnD
`594
`
`DAY CHANGE
`
`LAST YIELD‘
`7.750
`
`M5 3-750 2-"'25-"23
`<.'M<.:5A 2.5.-5 :I..-'15.-'25
`
`HD 4.200 4r1f43 :42
`JPM 3.200 1.I"25.I"23
`
`BACR 7.525 11.’21I22
`JPM 3.250 9.I"23.I"22
`
`GS 3.625 1f22,f23
`
`149-749
`114.995
`
`113.400
`102.502
`
`99.042
`96.418
`
`95.250
`
`3-352
`2.515
`
`.079
`.086
`
`.735
`.0?4
`
`.394
`
`The above table displays the previous day's rnost actively traded TRACE-ellgible HG corporate bonds,
`Including last treasury spread and yield. Additional market data is auailable uia E-or.dT|ck-'=I"".
`
`PRESS RE LEASES
`
`04.02.13
`I‘-'12..-"L"-’=tDir95.= Iunriounces :'-'|onth|-,-
`Stahstucs For March 2013
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`‘.|'L1lIJ|'-'nE'
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`03.03.13
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`03.18.13
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`
`.
`
`'
`
`

`
`Trademark Electronic Search System (TESS)
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`L ( Use the "Back" button of the Internet Browser to return to TESS)
`
`TRADE ON
`
`Word Mark
`
`Goods and
`Services
`
`Standard
`Characters
`Claimed
`
`D'a""'"9
`Serial Number
`
`Filing Date
`Current Basis
`
`TRADE ON
`
`IC 036. US 100 101 102. G & S: Financial services, namely, an electronic trading platform forfixed income securities and irading~re|ated
`products and services, including market data, connectivity, technology, and execution services. FIRST USE: 20100719. FIRST USE IN
`COMMERCE: 20100719
`
`(4) STANDARD CHARACTER MARK
`85898905
`
`April 9, 2013
`1A
`
`Original Filing
`Basis
`
`1A
`
`(APPLICANT) MarketAxess Holdings Inc. CORPORATION DELAWARE 299 Park Avenue, 10th Floor New York NEW YORK 10171
`Owner
`Attorney of Record Monica 8. Richman
`Type of Mark
`SERVICE MARK
`Register
`PRINCIPAL
`Live/Dead
`Indicator
`
`LIVE
`
`aeasmac
`
`flexrfiec
`
`
`
`U5? '
`
`
`
`I HOME | $lTE!lNDEX| SEARCH | eBUSlNESS | HELP I PRIVACY POLICY
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`hrtp://tess2.uspto.gov/bin/showfield?f=doc&state=480I :lqir48.4.3
`
`7/29/2013
`
`

`
`EXHIBIT 2
`EXHIBIT 2
`
`
`
`

`
`PTO Form 1478 (Rev 9/2006)
`
`OMB No. 0651-0009 (Exp 12/31/2011)
`
`Trademark/Service Mark Application, Principal Register
`
`Serial Number: 85445863
`Filing Date: 10/12/2011
`To the Commissioner for Trademarks:
`
`MARK: TRADEON (Standard Characters, see mark)
`The literal element of the mark consists of TRADEON.
`The mark consists of standard characters, without claim to any particular font, style, size, or color.
`
`The applicant, trueSEF, LLC, a corporation of Delaware, having an address of
` Suite 902,
` 165 5th Avenue
` New York, New York 10010
` United States
`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 036: financial services, namely, derivative trading markets and internet-based
`derivative trading
`Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company
`or licensee the mark in commerce on or in connection with the identified goods and/or services. (15
`U.S.C. Section 1051(b)).
`
`The applicant's current Attorney Information:
`Carl H. Pierce, Esquire and William J. McNichol, Jr., Reg. No. 31,179; Maryellen Feehery Hank, Reg.
`No. 44,677; Carl H. Pierce, Reg. No. 45,730; Nanda P.B.A. Kumar, Reg. No. 44,853; Tracy Z. Quinn;
`Matthew P. Frederick; Reg. No. 60,469; Khurram Nasir Gore of Reed Smith LLP
`
` Intellectual Property
` PO Box 7990
` Philadelphia, Pennsylvania 19101-7990
` United States
`The attorney docket/reference number is 11-40239-US.
`The applicant's current Correspondence Information:
` Carl H. Pierce, Esquire
` Reed Smith LLP
` Intellectual Property
` PO Box 7990
` Philadelphia, Pennsylvania 19101-7990
` (215) 851-8100(phone)
`
`

`
` (215) 851-1420(fax)
`
`A fee payment in the amount of $325 has been submitted with the application, representing payment for 1
`class(es).
`
`Declaration
`
`The undersigned, being hereby warned that willful false statements and the like so made are punishable by
`fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and
`the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is
`properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to
`be the owner of the trademark/service mark sought to be registered, or, if the application is being filed
`under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce;
`to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right
`to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to
`be likely, when used on or in connection with the goods/services of such other person, to cause confusion,
`or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and
`that all statements made on information and belief are believed to be true.
`
`Signature: /KNG/ Date Signed: 10/12/2011
`Signatory's Name: Khurram Nasir Gore
`Signatory's Position: Attorney of Record, PA Bar Member
`
`RAM Sale Number: 4816
`RAM Accounting Date: 10/13/2011
`
`Serial Number: 85445863
`Internet Transmission Date: Wed Oct 12 17:56:36 EDT 2011
`TEAS Stamp: USPTO/BAS-67.109.84.5-201110121756363947
`06-85445863-480ff62cae6f85e93b6dd59bbc97
`851a52-CC-4816-20111012163242511026
`
`

`
`TRADEON
`
`

`
`
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`9
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`£SS!GtlS&atus_ A were saga
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` S ( Use the "Back" button of the Internet Browser to return to TESS)
`
`TRADEON
`
`Word Mark
`Goods and
`Services
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`Serial Number
`
`Filing Date
`Current Basis
`
`Original Filing
`Basis
`Published for
`Opposition
`International
`Registration
`Number
`Owner
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`Type of Mark
`Register
`LiveIDead
`Indicator
`
`TRADEON
`
`IC 036. US 100 101 102, G & S: FINANCIAL SERVICES FOR DERIVATIVES TRADING, NAMELY, PROVIDING A TRADING EXCHANGE
`FOR DERIVATIVES FOR OTHERS; PROVIDING |NTERNET—BASED DERIVATIVE TRADING EXCHANGES; PROVIDING NETWORK-
`BASED DERIVATIVE TRADING EXCHANGES; ESTABLISHING AND ISSUING FINANCIAL INSTRUMENTS AND DERIVATIVES FOR
`OTHERS; AND PROVIDING INFORMATION CONCERNING DERIVATIVES BASED FINANCIAL INSTRUMENTS AND PRODUCTS TO
`OTHERS
`‘
`
`(4) STANDARD CHARACTER MARK
`
`85445863
`October 12, 2011
`1B
`
`1B
`
`April 2. 2013
`
`1120431
`
`(APPLICANT) TRUEEX GROUP LLC LIMITED LIABILITY COMPANY DELAWARE 165 5TH AVENUE SUITE 902 NEW YORK NEW YORK
`10010
`
`ASSIGNMENT RECORDED
`
`Carl H. Pierce
`
`SERVICE MARK
`PRINCIPAL
`
`LIVE
`
`http://tess2.uspto.gov/bin/showfie1d?f=doc&state=4801:lqir48.2.1
`
`7/29/2013