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: 88789595

Filing Date: 02/07/2020

To the Commissioner for Trademarks:

MARK: BITOGENIUS (Standard Characters, see mark)
The literal element of the mark consists of BITOGENIUS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Tink Digital Inc., a corporation of Delaware, having an address of
      82 Greenridge Ave.
      White Plains, New York 10605
      United States
      jberger@llbl.com

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:  Games software; interactive games software; computer game software; video game software; virtual reality games software; downloadable computer game software; downloadable video game software; interactive entertainment computer software for video games; data recorded electronically from the Internet, namely, recorded computer game programs; data recorded in machine readable form from the Internet, namely, downloadable video game data via the internet; discs, tapes, cartridges, and CD-ROMs, all bearing computer games software or video games; computer software and hardware apparatus for downloading, transmitting, receiving, providing, publishing, extracting, encoding, decoding, reading, storing and organizing audiovisual, videographic and written data; information stored on electronic, magnetic and/or by optical means, namely, CDs and DVDs featuring virtual reality games; electronic notice boards; downloadable applications for mobile devices, namely, applications for playing video games; software applications for mobile devices, namely, applications for playing video games; downloadable music files via a global computer network and wireless devices; sound recorded compact discs featuring music, video game sounds and dialogues; musical sound recordings; prerecorded video discs and tapes featuring music, comedy, drama, action, adventure and animation; electronic publications in the fields of gaming and games, computer games, video games, story books for children, cartoons, and music; phonograph records featuring music; downloadable publications in the fields of gaming and games, computer games, video games, music, children's story books, cartoons, and music; downloadable publications in the fields of children entertainment, music, learning activities for children, educational games for children, educational materials for children and parents; downloadable publications in the fields of childhood education and curriculum development for pre-k through 12th grade; downloadable electronic storybooks for children
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 025:  Class 25. Clothing, namely, aprons, beachwear, belts, bottoms, chaps, cloaks, cloth bibs, coats, costumes for use in role-playing games, beach cover-ups, cummerbunds, dresses, ear muffs, gowns, gloves, Halloween costumes, hosiery, infantwear, jackets, leotards, lingerie, loungewear, mittens, overalls, pants, ponchos, rainwear, scarves, shirts, shorts, skirts, sleepwear, socks, suits, sweaters, sweatshirts, swimwear, ties, tops, underwear, wrist bands; footwear; headwear; Hats; Headwear; Hooded pullovers; Hooded sweat shirts; T-shirts; shirts
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 services in the form of electronic, computer and video games provided by means of the Internet, mobile telephone and other remote communications device; multimedia publishing of computer and video games and computer and video games software; video game player information, including information regarding a player's identity and the player's preferences via a customized website; publishing of entertainment and educational software; Providing entertainment information on on-line games; providing non-downloadable on-line graphics, moving images and images featuring scenes and characters based on computer and video games by computer networks, video game machines or mobile phones; organization, production and presentation of video and computer game contests and tournaments; providing on-line music, not downloadable; Entertainment and educational services; television entertainment; entertainment services in the form of television and movie programs; interactive television and movie entertainment; production, presentation and distribution of audio and video works and materials including television programs, radio programs and films; education and entertainment services, namely, the provision of entertainment information by computer networks, television, mobile telephone, and cable and other electronic means; Entertainment services; sound recording and video entertainment services; advisory and consultancy services in connection with the foregoing; Electronic game services and competitions provided by means of the internet; Organizing of games; provision of non-downloadable computer games played via a global computer network; providing interactive entertainment services, namely, providing use of non-downloadable electronic games; provision of information on entertainment via pod cast; video performances; entertainment services provided by blogs; entertainment services provided by vlogs; television and radio entertainment services; digital music (not downloadable) provided from the Internet; sound recordings (not downloadable) provided from the Internet; video recordings (not downloadable) provided from the Internet; sound recordings provided by on-line streams; video recordings provided by on-line streams; entertainment services provided by on-line streams; production of films, video tape film production, rental of sound recordings and video tapes; advisory and consultancy services in connection with the foregoing;
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 hereby appoints Jonathan Berger. Other appointed attorneys are Jane Linowitz; Peter Berger. Jonathan Berger of Levisohn Berger 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
      11 Broadway, Suite 615
      New York, New York 10004
      United States
      212-486-7272(phone)
      212-486-0323(fax)
      jberger@llbl.com (authorized).

Jonathan Berger 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.

The applicant's current Correspondence Information:

Jonathan Berger

Levisohn Berger LLP

11 Broadway, Suite 615

New York, New York 10004

212-486-7272(phone)

212-486-0323(fax)

jberger@llbl.com; jlinowitz@llbl.com; pberger@llbl.com; wruggiera@llbl.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $825 has been submitted with the application, representing payment for 3 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: /Jonathan Berger/   Date: 02/07/2020
Signatory's Name: Jonathan Berger
Signatory's Position: attorney of record, NY Bar
Payment Sale Number: 88789595
Payment Accounting Date: 02/07/2020

Serial Number: 88789595
Internet Transmission Date: Fri Feb 07 16:50:53 EST 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20200207165053556
889-88789595-7005c512e7121333eee548d9adb
bda9d722e9fbece217e940439758c053567eb-CC
-50526368-20200207154122679761