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: 88354688

Filing Date: 03/25/2019

To the Commissioner for Trademarks:

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

The applicant, Sold Out Sales & Marketing Limited, a private limited company legally organized under the laws of United Kingdom, having an address of
      311 Ballards Lane
      North Finchley, London N128LY
      United Kingdom
      +44-(phone)

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:  Photographic, cinematographic, optical and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images, text, video or information; computers; data processing equipment; recorded and/or downloadable computer software, programmes and mobile applications; software; computer programmes for interactive games and/or quizzes; mobile application software, including for mobile telephones, smart phones, computer tablets, personal digital assistants, hand-held computers, laptops and notebook computers; games software (recorded and/or downloadable); computer games; recorded and/or downloadable application software featuring games; video games software; games software supplied on-line from databases or provided through a global computer network; recorded and/or downloadable interactive games software adapted for use with television receivers, virtual reality equipment, games consoles, computers, mobile phones, tablets and other mobile devices; video game cartridges; pre-recorded laser discs featuring games; pre-recorded compact discs featuring games; downloadable information relating to games and gaming; magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media; multi-media discs; blank or pre-recorded audio cassettes, compact discs, DVDs, CD ROMS, laser-readable disks, video tapes, optical-magnetic discs; pre-recorded computer memory discs and cards; pre-recorded computer data carriers; optical storage media with increased storage capacity; computer and memory storage devices, namely, blank flash drives, USB drives, memory cards and memory card readers; sound, music, video and/or data recordings; multi-media recordings and publications; motion picture films; animations; animated movies; videos; animated cartoons; animated television series; cinematographic films (exposed); electronic media and magnetic media all bearing still and moving images, photographs, graphics, music, sound, audio and/or visual recordings, text, data, statistics, books, publications, electronic publications, instructional materials and resources, movies, videos, television shows, television programmes, radio shows, radio programmes, animations, games, quizzes, user generated content, activity cards, game cards, colouring pages, posters, images, icons, pictures, greeting cards, occasion cards, calendars, posters, or a combination thereof; recorded or downloadable still and moving images, photographs, graphics, music, sound, audio and/or visual recordings, text, data, statistics, books, publications, electronic publications, instructional materials and resources, movies, videos, television shows, television programmes, radio shows, radio programmes, animations, games, quizzes, user generated content, activity cards, game cards, colouring pages, posters, images, icons, pictures, greeting cards, occasion cards, calendars, posters, or a combination thereof; printed publications in electronically, magnetically or optically recorded and recordable form; (recorded or downloadable) electronic books, manuals, booklets, magazines, newsletters, journals, periodicals, publications, instructional and teaching materials; electronic publications (recorded or downloadable), including with still and moving images, photographs, graphics, music, sound, audio and/or visual recordings, text, data, statistics, books, publications, electronic publications, instructions materials and resources, movies, videos, television shows, television programmes, radio shows, radio programmes, animations, games, quizzes, user generated content, activity cards, game cards, colouring pages, posters, images, icons, pictures, greeting cards, occasion cards, calendars, posters, or a combination thereof; electronic books, including fiction books, non-fiction books, reference books, interactive books, audio books, picture books, graphic novels, illustrated books, educational books, guide books; electronic databases; computer software for database management; electronic databases of videos, television programmes, television shows, games, photographs, audio and/or visual recordings, still and moving images, quizzes, electronic publications, user generated content, text, data, statistics and information; computer software and mobile applications for accessing, creating, integrating, browsing and searching databases; electronic directories; downloadable ring-tones; downloadable digital screen wallpapers; downloadable podcasts; electronic book readers; digital photo frames; eyewear; glasses; sunglasses; goggles; spectacles; cords, frames, lenses and cases for use with eyewear; visors; mobile telephone fascias; cameras; mobile phones; telephones; electronic diaries; radios; headphones; earphones; audio speakers; batteries; battery chargers; chargers for mobile phones; karaoke machines; magnets; fridge magnets; computer peripherals; mouse-mats; computer mice; covers, skins and cases for mobile handheld electronic devices, including telephones, computer tablets, Personal Digital Assistants and electronic book readers; parts and fittings for all the aforesaid goods
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on United Kingdom application number 3385975, filed 03/22/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 028:  Toys, games, playthings and novelties; gymnastic articles not included in other classes; decorations for Christmas trees; exercise machines and equipment; board games; card games; quiz games; puzzles; electronic toys, games and playthings; paper hats; electronic games; hand held devices for playing electronic games; video game apparatus; amusement apparatus adapted for use with television receivers only; arcade video game machines; video game joysticks; controllers for game consoles; coin-operated amusement apparatus; bags and cases specially adapted for handheld video games and gaming apparatus; balls for play; bath toys; costume masks; dice games; chips and dice (gaming equipment); inflatable toys; mechanical toys; mechanical games; puzzles; jigsaws; water toys; parts and fittings for all the aforesaid goods
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on United Kingdom application number 3385975, filed 03/22/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      William C. Wright and William C. Wright of Epstein Drangel LLP      60 East 42nd Street, Suite 2520
      New York, New York 10165
      United States
      212-292-5390(phone)
      mail@ipcounselors.com (authorized)

The applicant's current Correspondence Information:

William C. Wright

Epstein Drangel LLP

60 East 42nd Street, Suite 2520

New York, New York 10165

212-292-5390(phone)

mail@ipcounselors.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 $550 has been submitted with the application, representing payment for 2 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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Payment Sale Number: 88354688
Payment Accounting Date: 03/25/2019

Serial Number: 88354688
Internet Transmission Date: Mon Mar 25 12:24:26 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2019032512242645
4530-88354688-6202d3bb7afb77edf36631faa2
de679e6ec17a152971f3a6d631ad745212f13156
-CC-18110-20190325121239208671