Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85038675

Filing Date: 05/14/2010

To the Commissioner for Trademarks:

MARK: HOPSCOTCH (Standard Characters, see mark)
The literal element of the mark consists of HOPSCOTCH.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, MINDSPARK INTERACTIVE NETWORK, INC., a corporation of Delaware, having an address of
      9TH FLOOR,
      ONE NORTH LEXINGTON
      WHITE PLAINS, New York 10601
      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 009:  Downloadable computer software for use in providing search engine services provided through a browser tool bar; downloadable Internet browser plug-ins and client server applications in the nature of multi-function tool bar plug-ins; computer software for operating and maintaining an online virtual world featuring avatar-based communications for transmission of electronic messages among computer users, chat rooms, electronic bulletin boards, computer games and activities, a virtual economy and a virtual currency for transaction of virtual commerce, and delivery of audio, video and multimedia content; computer software for creating customized avatars and downloading such avatars to personal computers and mobile devices; downloadable software, namely, browser tool bars; downloadable computer software for use in attaching fanciful designs, icons or symbols in e-mail correspondence; downloadable computer software for use in instant messaging and online chat; downloadable computer software for use in customizing graphical appearances for use generated personalized web pages; software for use in personalizing cell phones
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)).

       International Class 035:  Business services, namely, providing links to the websites of others, namely, retail service providers in the field of consumer electronics, computers, clothing, automobiles, toys and games and a wide variety of other general consumer products; providing links to websites of others in the field of consumer products and services; providing consumer product information via the Internet; providing comparison shopping information; providing online consumer and retail directory information services also featuring hyperlinks to other websites; dissemination of advertising for others via the Internet; online advertising services for others, namely, providing advertising space on Internet web sites; promoting the goods and services of others by placing advertisements and promotional displays on electronic sites accessed through computer networks; providing online business directories
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)).

       International Class 038:  Telecommunications services, namely, telephone communications services and delivery of messages by electronic mail; providing on-line electronic bulletin boards and online chat rooms for the transmission of messages among computer users in the field of general interest; broadcasting and delivery of audio, video and multimedia content by means of cellular and wireless communications and computer networks; electronic transmission of data, images, documents and messages via computer terminals; electronic data messaging; operating and maintaining an online virtual world, namely, providing avatar-based communications for transmission of electronic messages among computer users, providing online chat rooms and electronic bulletin boards, in the field of general interest, audio, video and multimedia content
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)).

       International Class 041:  Entertainment services, namely, providing on-line computer games, films and entertainment content; providing links to web sites of others in the field of entertainment; operating and maintaining an online virtual world for entertainment purposes, namely, providing online computer games and entertainment content, and providing a virtual economy and a virtual currency for transaction of virtual commerce
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)).

       International Class 042:  Computer services, namely, providing search engines for obtaining data on a global computer network; providing customized on-line web pages featuring user-defined information, which includes search engines and online web links to other websites; providing search engines for searching indices and databases of websites and computer networks; providing links to web sites of others in the field of computers and technology
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:
G. Roxanne Elings and Anna Dalla Val of Greenberg Traurig, LLP
      200 Park Avenue
      New York, New York 10166
      United States

The applicant's current Correspondence Information:

G. Roxanne Elings

Greenberg Traurig, LLP

200 Park Avenue

New York, New York 10166

212.801.9200(phone)

212.801.6400(fax)

nytmdkt@gtlaw.com (authorized)

A fee payment in the amount of $1625 has been submitted with the application, representing payment for 5 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: /GRE/   Date Signed: 05/14/2010
Signatory's Name: G. Roxanne Elings
Signatory's Position: Attorney of Record, NY Bar Member



RAM Sale Number: 8053
RAM Accounting Date: 05/14/2010

Serial Number: 85038675
Internet Transmission Date: Fri May 14 12:22:01 EDT 2010
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201005141222017
02668-85038675-460f9501a7090a32bde78784d
b7ea54099-DA-8053-20100514121340749896