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: 90086099

Filing Date: 07/31/2020

To the Commissioner for Trademarks:

MARK: Design Genie (Standard Characters, see mark)
The literal element of the mark consists of Design Genie. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Boombox Gifts LLC, a limited liability company legally organized under the laws of New York, having an address of
      200 West 67th Street, 27H
      New York, New York 10023
      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 042:  Providing temporary use of online non-downloadable software enabling users to create digital keepsakes, namely digital files or presentations containing personalized content contributed by third parties for the recipient; providing temporary use of online non-downloadable software enabling users to contribute and review content for inclusion in a digital keepsake; card design services and digital presentation design services in the nature of layout and style design and graphic design for digital cards and digital presentations containing content contributed by third parties for inclusion in a digital keepsake.

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 06/11/2020, and first used in commerce at least as early as 06/11/2020, 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) Template message to customer within product.
Specimen File1



The owner's/holder's proposed attorney information: Christine Amara. Other appointed attorneys are Harold Atlas. Christine Amara of Sherman Wells Sylvester & Stamelman 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
      210 Park Avenue, Suite 200
      Florham Park, New Jersey 07932
      United States
      973-302-9710(phone)
      camara@shermanwells.com

Christine Amara 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:

Christine Amara

PRIMARY EMAIL FOR CORRESPONDENCE: camara@shermanwells.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hatlas@shermanwells.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 $275 has been submitted with the application, representing payment for 1 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: /Christina Geist/   Date: 07/31/2020
Signatory's Name: Christina Geist
Signatory's Position: Chief Executive Officer
Payment Sale Number: 90086099
Payment Accounting Date: 07/31/2020

Serial Number: 90086099
Internet Transmission Date: Fri Jul 31 14:58:11 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020073114581178
4784-90086099-740c3ed1219a3dc2dddae92cfb
61beea123f6781669beffdfa209ddd539e464f-C
C-58101885-20200728112042784739