TEAS RF New Application

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)

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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: 88007273

Filing Date: 06/20/2018

To the Commissioner for Trademarks:

MARK: 3D (stylized and/or with design, see mark)

The literal element of the mark consists of 3D.
The mark consists of the stylized number "3" next to the stylized letter "D", both of which are affixed to tublar designs and rest on top of a square, tubular design.
The applicant, Magformers, LLC, a limited liability company legally organized under the laws of Utah, having an address of
      1440 East 4045 South
      Salt Lake City, Utah 84124
      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 028:  Toys, namely, magnetic toy construction sets

In International Class 028, 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 10/00/2015, and first used in commerce at least as early as 10/00/2015, 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) digital image of the packaging for the goods bearing the mark.
Specimen File1
Specimen File2



The applicant's current Attorney Information:
      Scott D. Marty, J.D., Ph.D. and Lawrence K. Nodine, Leah W. Feinman, Jenna M. Loadman, Jessica H. Watkins and all attorneys at Ballard Spahr LLP of Ballard Spahr LLP      999 Peachtree Street, NE, Suite 1000
      Atlanta, Georgia 30309-3915
      United States
      678-420-9300(phone)
      678-420-9301(fax)
      tmdocketing@ballardspahr.com (authorized)
The attorney docket/reference number is 37644.1002US.

The applicant's current Correspondence Information:

Scott D. Marty, J.D., Ph.D.

Ballard Spahr LLP

999 Peachtree Street, NE, Suite 1000

Atlanta, Georgia 30309-3915

678-420-9300(phone)

678-420-9301(fax)

tmdocketing@ballardspahr.com;martys@ballardspahr.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 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 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 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 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: /christopher tidwell 1/   Date: 06/19/2018
Signatory's Name: Christopher M. Tidwell
Signatory's Position: CEO
Payment Sale Number: 88007273
Payment Accounting Date: 06/20/2018

Serial Number: 88007273
Internet Transmission Date: Wed Jun 20 11:07:58 EDT 2018
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20180620110758
329915-88007273-610d8e84e515e4198f13bd89
f1ff1fb5b668822ee021bb7af523a53cc47238a5
-DA-10251-20180619110944203681