Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: THE CRYPTOVERSE(Standard Characters, see http://uspto.report/TM/88219329/mark.png)
SERIAL NUMBER: 88219329
An Extension of Time form is being filed with the Allegation of Use.


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Gemini IP, LLC, having an address of
      41 Madison Avenue, 31st Floor
      New York, New York 10010
      United States
      Phone: 212-336-8000
      Fax: 212-336-8001
      Email: XXXX
Proposed: Gemini IP, LLC, having an address of
      41 Madison Avenue, 31st Floor
      New York, New York 10010
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Downloadable mobile application which enables users to purchase a plurality of digital assets

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/12/2018, and first used in commerce at least as early as 12/12/2018, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screen shots from Applicant's website showing the mark as used in commerce.

Original PDF file:
SPN0-10037179212-20200323 104548974884_._THE_CRYPTO VERSE_Class_9__Specimen_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-10037179212-20200323 104548974884_._THE_CRYPTO VERSE_Class_9_Specimen_2.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 035:
Current identification: Providing a financial index based on a plurality of digital assets

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 036:
Current identification: Financial services of providing an online digital asset exchange for purchasing a plurality of digital assets; Financial administration of a digital asset exchange for purchasing a plurality of digital assets

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/10/2019, and first used in commerce at least as early as 05/10/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Web page from Applicant's website showing the mark as used in commerce.

Original PDF file:
SPN2-10037179212-20200323 104548974884_._THE_CRYPTO VERSE_Class_36_Specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


For International Class 042:
Current identification: Application service provider featuring application programming interface (API) software for providing financial data in the nature of financial indices

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Class 9 in its entirety; Class 36 in its entirety.
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Classes 35 and 42 remain in the Application.
The applicant requests that the good(s)/service(s) based on use in commerce move to registration at this time.
Section 1(a) Good(s)/Service(s) Additional Information:

MISCELLANEOUS STATEMENTS
Due to an inadvertent error, the owner information section included attorney phone and e-mail contact information. That information has been deleted, and an e-mail address for the owner has been added as is now required.


The owner's/holder's current attorney information: Charles R. Macedo. Charles R. Macedo of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is located at

      90 PARK AVENUE, 21ST FLOOR
      NEW YORK, New York 10016
      United States
The docket/reference number is 37056/0119.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

The owner's/holder's proposed attorney information: Charles R. Macedo. Other appointed attorneys are Daniel Ebenstein, Philip H. Gottfried, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Chester Rothstein, Charles R. Macedo, Brian Comack, Max Vern, Holly Pekowsky, Douglas A. Miro, Mark Berkowitz, Charles P. LaPolla, Richard S. Mandaro, Marc J. Jason, Matthieu Hausig, Alan Miller, Marion Metelski, Benjamin Charkow, Suzue Fujimori, Brian Amos, Hajime Sakai, David P. Goldberg, Sandra Hudak, Tuvia Rotberg, Dexter Chang, Keith J. Barkaus, Michael R. Jones, Christopher Lisiewski and Albert J. Boardman. Charles R. Macedo of AMSTER, ROTHSTEIN & EBENSTEIN LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      90 PARK AVENUE, 21ST FLOOR
      NEW YORK, New York 10016
      United States
The docket/reference number is 37056/0205.

The phone number is 212-336-8000.

The fax number is 212-336-8001.

The email address is ptodocket@arelaw.com

Charles R. Macedo 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.Correspondence Information (current):
      CHARLES R. MACEDO
      PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Charles R. Macedo
      PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 37056/0205.

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 $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Charles R. Macedo, Esq./      Date Signed: 03/23/2020
Signatory's Name: Charles R. Macedo, Esq.
Signatory's Position: attorney of record; New York State Bar member
Signatory's Phone: 212 336 8000

Request to Divide Signature


Signature: /Charles R. Macedo, Esq./    Date: 03/23/2020
Signatory's Name: Charles R. Macedo, Esq.
Signatory's Position: attorney of record; New York State Bar member

Signatory's Phone: 212 336 8000

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.


Mailing Address:
   AMSTER, ROTHSTEIN & EBENSTEIN LLP
   
   90 PARK AVENUE, 21ST FLOOR
   NEW YORK, New York 10016

RAM Sale Number: 88219329
RAM Accounting Date: 03/23/2020

Serial Number: 88219329
Internet Transmission Date: Mon Mar 23 11:37:32 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.XXX-202003231137326
10822-88219329-71046901c692703fd2c9cf37d
566cbd9b92a1b4be9f396d3ad35b63da2f3b0c6-
CC-37318158-20200323104548974884