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: 90031558

Filing Date: 07/01/020

To the Commissioner for Trademarks:

MARK: QWICKCODES (Standard Characters, see mark)
The literal element of the mark consists of QWICKCODES. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, MagTek, Inc., a corporation of California, having an address of
      1710 Apollo Court
      Seal Beach, California 90740
      United States
      XXXX

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:  COMPUTER SOFTWARE FOR CONDUCTING PAYMENT AND FINANCIAL SERVICES, ATM, DEBIT, AND CREDIT TRANSACTIONS, ELECTRONIC FUND TRANSFERS, AND PEER-TO-PEER FUND TRANSFERS, INCLUDING SOFTWARE FOR ENABLING GENERATION OF ENCRYPTED CODES REPRESENTING MAGNETIC STRIPE CARD AND PIN DATA FOR ELECTRONIC FINANCIAL TRANSACTIONS; AND SOFTWARE FOR USE WITH MOBILE ELECTRONIC DEVICES IN CONDUCTING PAYMENT AND FINANCIAL SERVICES, ATM, DEBIT, AND CREDIT TRANSACTIONS, ELECTRONIC FUND TRANSFERS, AND PEER-TO-PEER FUND TRANSFERS, INCLUDING SOFTWARE FOR ENABLING GENERATION OF ENCRYPTED CODES REPRESENTING MAGNETIC STRIPE CARD AND PIN DATA FOR ELECTRONIC FINANCIAL TRANSACTIONS

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/00/2011, and first used in commerce at least as early as 05/00/2011, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshot of Apple App Store for iPhone accessed on June 29, 2020 showing the software available for download.

Original PDF file:
SPE0-768114258-20200630194202486441_._06840_class_9_specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

International Class 036:  PAYMENT AND FINANCIAL SERVICES, NAMELY, ELECTRONIC FINANCIAL TRANSACTIONAL PROCESSING OF ENCRYPTED CODES REPRESENTING MAGNETIC STRIPE CARD AND PIN DATA, AND TRANSMISSION OF MAGNETIC STRIPE CARD AUTHENTICATION DATA FOR ELECTRONIC FINANCIAL TRANSACTIONS VIA COMPUTER TERMINALS AND HARDWARE CONNECTED TO NETWORKS AND THE GLOBAL COMPUTER NETWORK AND OTHER WIRELESS NETWORKS

In International Class 036, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/00/2011, and first used in commerce at least as early as 05/00/2011, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshots of Applicant's websites, namely http://www.magtek.com/content/documentationfiles/d99875509.pdf and http://qwickcodes.com, each accessed on June 29, 2020.

Original PDF file:
SPE0-768114258-20200630194202486441_._06840.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-768114258-20200630194202486441_._mobile_wallet.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

International Class 038:  PAYMENT AND FINANCIAL TRANSMISSION SERVICES, NAMELY, ELECTRONIC TRANSMISSION OF MAGNETIC STRIPE CARD AUTHENTICATION DATA FOR ELECTRONIC FINANCIAL TRANSACTIONS VIA COMPUTER TERMINALS AND HARDWARE CONNECTED TO NETWORKS AND THE GLOBAL COMPUTER NETWORK AND OTHER WIRELESS NETWORKS

In International Class 038, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/00/2011, and first used in commerce at least as early as 05/00/2011, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshots of Applicant's websites, namely http://www.magtek.com/content/documentationfiles/d99875509.pdf and http://qwickcodes.com, each accessed on June 29, 2020.

Original PDF file:
SPE0-1-768114258-20200630194202486441_._06840.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-1-768114258-20200630194202486441_._mobile_wallet.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

International Class 042:  COMPUTER AND COMPUTER NETWORK SERVICES, NAMELY, PROVIDING TEMPORARY USE OF NON-DOWNLOADABLE SOFTWARE FOR ELECTRONIC PROCESSING OF ENCRYPTED CODES REPRESENTING MAGNETIC STRIPE CARD AND PIN DATA, AND TRANSMISSION OF MAGNETIC STRIPE CARD AUTHENTICATION DATA FOR ELECTRONIC FINANCIAL TRANSACTIONS VIA COMPUTER TERMINALS AND HARDWARE CONNECTED TO NETWORKS AND THE GLOBAL COMPUTER NETWORK AND OTHER WIRELESS NETWORKS

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 05/00/2011, and first used in commerce at least as early as 05/00/2011, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshots of Applicant's websites, namely http://www.magtek.com/content/documentationfiles/d99875509.pdf and http://qwickcodes.com, each accessed on June 29, 2020.

Original PDF file:
SPE0-2-768114258-20200630194202486441_._06840.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-2-768114258-20200630194202486441_._mobile_wallet.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4561538.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Charles R. Halloran. Other appointed attorneys are Joel Kauth, David Bailey, John W. Peck, Brian Sung, David Kaveh, Faye Teng, Isaac Fine, Paul Joon Lee, Mark Yeh, Charles Thomas, Christian Hans, Bryan Adams, Tony Bramian. Charles R. Halloran of KPPB 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
      2190 S Towne Centre Pl, STE 300
      Anaheim, California 92806
      United States
      949-852-0000(phone)
      9498520004(fax)
      tess@kppb.com
The docket/reference number is M19-06840.
Charles R. Halloran 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:

Charles R. Halloran

PRIMARY EMAIL FOR CORRESPONDENCE: tess@kppb.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Charles R Halloran/   Date: 07/01/2020
Signatory's Name: Charles R Halloran
Signatory's Position: Attorney of record, California bar member
Payment Sale Number: 90031558
Payment Accounting Date: 07/01/2020

Serial Number: 90031558
Internet Transmission Date: Wed Jul 01 18:31:26 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20200701183126141
092-90031558-710337581d6b5ff8ed8b801c7ca
aefa35c04afa19f5a96367ade7a8ec0155c97-CC
-31242095-20200701180959750740