Notice of Allowance

MERCHUAL REALITY

Flaregun, Inc.

Official USPTO Notice of Allowance: U.S. Trademark SN 88381848: MERCHUAL REALITY


From: TMOfficialNotices@USPTO.GOV
Sent: Tuesday, March 31, 2020 00:04 AM
To: trademarks@hmlglaw.com
Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 88381848: MERCHUAL REALITY



NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Mar 31, 2020

U.S. Serial Number:   88381848
Mark:   MERCHUAL REALITY
Docket/Reference Number:  

No opposition was filed for this published application.  The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request).  WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue.  Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either:
   - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally);  OR
   - An Extension Request, if the applicant is not yet using the mark in commerce.  If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed.  The applicant may file a total of five (5) extension requests.  WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued.  The deadline for filing is always calculated from the issue date of the NOA.

How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS).  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.  Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.  If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.gov.uspto.report/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit.  Please use the "Post-Publication Amendment" form under the "POST-APPROVAL/PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) AMENDMENT FORMS" category, available at http://www.gov.uspto.report/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa.  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.

Serial Number: 88381848
Mark: MERCHUAL REALITY
Docket/Reference Number:
Owner: Flaregun, Inc.
28310 Roadside Dr.
Agoura Hills , CALIFORNIA   91301

Correspondence Address: JOLEEN WINTHER HUGHES
HUGHES MEDIA LAW GROUP PC
2003 WESTERN AVE., STE. 460
SEATTLE, WA 98121


This application has the following bases, but not necessarily for all listed goods/services:
Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

009 - Downloadable computer application software for mobile phones, namely, software for using augmented reality, GPS 3D mapping, and near field communication to visually locate, view and purchase products and services in concerts, sports events, conventions, theme parks, casinos, and any public gathering in the nature of entertainment or education; downloadable computer application software for augmented reality graphical interface representation of a user's mobile device using GPS location over a camera-based computer vision interface; downloadable computer application software, namely, embedded firmware and recorded software for point-of-sale hardware systems comprised of point-of-sale- terminals for processing payments by providing an interface with any device with a microprocessor for mobile devices, laptops and tablets; downloadable computer application software, namely, providing software that allows users to interact with physical and virtual content, products and merchandise based on the user location; and downloadable computer application software, namely, applying machine learning to deliver data for augmented reality interface for online sellers -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
035 - Providing a website featuring an online marketplace providing an augmented reality interface for buyers and sellers of goods and/or services; facilitating the exchange and sale of services and products of third parties via computer and communication networks namely, operating an on-line marketplace for sellers and buyers of goods and/or services; business and advertising services, namely, managing, tracking, analyzing, reporting, measuring, optimizing electronic payment transaction data for others, aggregating customer use behavior and creating a metrics profile for each user to provide relevant information and delivering such content in augmented reality interface by creating a metrics profile for each user; and marketing, advertising and promotion services, namely, providing information regarding discounts, coupons, rebates, vouchers, links to retail websites of others, and special offers for the goods and services of others -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
036 - Financial services, namely, providing electronic payment transfer services for others in the nature of processing and subsequent transmission of bill payment data; financial transaction services, namely, providing secure commercial transactions via computer and communication networks utilizing point of sale systems and devices with a microprocessor in the nature of a mobile device with payment options at a point of sale -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.




Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here.

Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration.  The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of this application, go to http://tsdr.gov.uspto.report/#caseNumber=88381848&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch  or contact the Trademark Assistance Center at 1-800-786-9199.  Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go to http://tsdr.gov.uspto.report/#caseNumber=88381848&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch.  NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

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