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)

---

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: 88438570

Filing Date: 05/20/2019

To the Commissioner for Trademarks:

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

The applicant, Hummingbird, LLC, a limited liability company legally organized under the laws of Nevada, having an address of
      10706 Beaver Dam Rd.
      Hunt Valley, Maryland 21030
      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 software and mobile applications for streaming audiovisual and multimedia content, sporting events, tournaments, television programming, for playing fantasy sports games based on player statistics and rankings, and for information, news, and commentary in the field of sports gambling and betting, via the internet and global communications networks; downloadable software and mobile applications for streaming audiovisual and multimedia content, sporting events, tournaments, television programming, for playing fantasy sports games based on player statistics and rankings, and for information, news, and commentary in the field of sports gambling and betting, to mobile digital electronic devices, mobile phones, smartphones, portable media players, and handheld computers.
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.

       International Class 038:  Broadcasting, and audio, video and data transmission and delivery services rendered through the media of television, cable, satellite, radio, telephone and broadband systems, and via the internet; broadcasting services, namely, the electronic and interactive transmission of streaming digital audio, voice, data, images, signals, video, graphics, multimedia and text through the media of television, cable, satellite and via the internet; video on demand transmission services.
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.

       International Class 041:  Entertainment and educational services, namely, providing non-downloadable multimedia content in the fields of entertainment, news, sports, tournaments, playing fantasy sports games based on player statistics and rankings, and sports gambling and betting, via a video-on-demand service; Entertainment services, namely, providing non-downloadable television programming, news, sports, tournaments, information on playing fantasy sports games based on player statistics and rankings, and information for sports gambling and betting, via a video-on-demand service; Providing a website and platform on handheld computers featuring non-downloadable multimedia content in the fields of entertainment, news, sports, tournaments, playing fantasy sports games based on player statistics and rankings, and sports gambling and betting; Providing a website and platform on handheld computers featuring non-downloadable television programming, entertainment, news, sports, tournaments, information for playing fantasy sports games based on player statistics and rankings, and information for sports gambling and betting; Production and distribution of television, cable, satellite, radio, internet-based television sports programs; Television program syndication.
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.

       International Class 042:  Computer services, namely, providing an interactive website featuring technology that allows users to access a database of shows, sporting events, tournaments, news and other related information; providing website featuring a search engine for shows and episodes of entertainment series, sporting events, tournaments and television programming; creating indexes of online information for others via a global computer network and via mobile communications devices.
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.


The applicant's current Attorney Information:
      Ned T. Himmelrich and the other attorneys of Gordon Feinblatt LLC      233 East Redwood Street
      Baltimore, Maryland 21202
      United States
      410-576-4171(phone)
      410-576-4026(fax)
      nhimmelrich@gfrlaw.com (authorized)

The applicant's current Correspondence Information:

Ned T. Himmelrich

Gordon Feinblatt LLC

233 East Redwood Street

Baltimore, Maryland 21202

410-576-4171(phone)

410-576-4026(fax)

nhimmelrich@gfrlaw.com;mchider@gfrlaw.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 $1100 has been submitted with the application, representing payment for 4 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: /Ned T. Himmelrich/   Date: 05/20/2019
Signatory's Name: Ned T. Himmelrich
Signatory's Position: Attorney of record, Maryland bar member
Payment Sale Number: 88438570
Payment Accounting Date: 05/21/2019

Serial Number: 88438570
Internet Transmission Date: Mon May 20 18:03:34 EDT 2019
TEAS Stamp: USPTO/BAS-X.XX.X.XX-20190520180334708258
-88438570-6209a37a475a3738175c764ed9a5e7
ebfa2bd1345ddd4af71298ea8dd6a5e51476-CC-
5187-20190520175020037291