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: 90080179

Filing Date: 07/29/2020

To the Commissioner for Trademarks:

MARK: RALLY (Standard Characters, see mark)
The literal element of the mark consists of RALLY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, RSE Markets, Inc., a corporation of Delaware, having an address of
      2nd Floor
      250 Lafayette Street
      New York, New York 10012
      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 and downloadable mobile applications for buying and selling securities of collectibles and alternative assets; computer software and downloadable mobile applications for marketing relating to collectibles and alternative assets investing and community listing features including communication of user opinions about the market for, quality of, or value of a particular collectible or asset; computer software and downloadable mobile applications for lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; computer software and mobile applications for providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management
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 036:  financial services, namely, trading and brokerage of collectibles and alternative assets; financial investment services of collectibles and alternative assets; banking; cash management; providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management
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:  providing temporary use of a web-based software application for buying and selling securities in the nature of collectibles and alternative assets; providing temporary use of a web-based software application for marketing relating to collectibles and alternative assets investing and community listing features including communication of user opinions about the market for, quality of, or value of a particular collectible or asset; providing temporary use of a web-based software application for lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; providing temporary use of a web-based software application for providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5514521.


The owner's/holder's proposed attorney information: Nicole K. McLaughlin. Other appointed attorneys are Samuel W. Apicelli, Gregory P. Gulia, Joseph A. Powers, Christiane Campbell, Victoria Danta and Duane Morris LLP. Nicole K. McLaughlin of DUANE MORRIS 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
      30 South 17th Street
      Philadelphia, Pennsylvania 19103-4196
      United States
      215-979-1191(phone)
      215-689-4934(fax)
      nkmclaughlin@duanemorris.com
The docket/reference number is N2289-00005.
Nicole K. McLaughlin 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:

Nicole K. McLaughlin

PRIMARY EMAIL FOR CORRESPONDENCE: nkmclaughlin@duanemorris.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): idocketing@duanemorris.com; mlozada@duanemorris.com 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 $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 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: /Christopher J Bruno/   Date: 07/28/2020
Signatory's Name: Christopher J Bruno
Signatory's Position: CEO
Payment Sale Number: 90080179
Payment Accounting Date: 07/29/2020

Serial Number: 90080179
Internet Transmission Date: Wed Jul 29 10:57:12 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020072910571289
9387-90080179-740d416b73137162d8f6a77fa5
1deaf185899b76ce71e22473116a4661b5291031
-DA-57121465-20200727175603439024