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: 90248401

Filing Date: 10/12/2020

To the Commissioner for Trademarks:

MARK: Powder (Standard Characters, see mark)
The literal element of the mark consists of Powder. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Gust Vision Inc., DBA Powder, a corporation of Delaware, having an address of
      3500 South DuPont Highway
      Dover, Delaware 19901
      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:  Downloadable videos, pictures, sound recordings, films, and short films featuring user-generated audio-visual recordings, stories, pictures, sound recordings, and short films in the fields of education, entertainment, gaming and general interest provided via a video-on-demand service for mobile phones and computers; downloadable multimedia files containing text relating to user-generated audio-visual recordings, stories, images, emojis, soundtracks, pictures, sound recordings, and short films in the fields of education, entertainment and general interest; downloadable mobile phone application software and PC computer program and software for the providing of capturing, editing, and sharing downloadable multi-media files containing text relating to user-generated audio-visual recordings, stories, images, emojis, soundtracks, pictures, sound recordings, and short films in the fields of education, entertainment and general interest.

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 04/11/2020, and first used in commerce at least as early as 04/11/2020, 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) In-use specimens 1-19 all consist of screen shots from applicant's app and website showing applicant's goods for sale and include applicant's trademark along with descriptions of applicant's goods and products. Specimens 1 - 19 show the proof of applicant's goods and a mechanism for applicant's customers to purchase applicant's products..
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17
Specimen File18
Specimen File19

International Class 041:  Provision of downloadable and non-downloadable pictures, sound recordings, films, and short films related to online, console, and mobile phone gaming content for self-production, editing, sharing, and distribution of audio visual content and audio content, namely, pictures, sound recordings, films, and short films related to game play via a mobile phone application platform and PC computer program; entertainment services in the nature of providing tools to create, capture, edit, and share user-generated audio-visual recordings, stories, images, emojis, soundtracks, pictures, sound recordings, and short films in the fields of education, gaming, entertainment, and general interest provided via online, PC computer program, and mobile application transmission over wired and wireless networks

In International Class 041, 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 04/11/2020, and first used in commerce at least as early as 04/11/2020, 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) In-Use Specimens 1-19 all consist of screen shots from applicant's website and app showing applicant's goods for sale and include applicant's trademark along with descriptions of applicant's goods and products. Specimens 1-19 show the proof of applicant's goods and a mechanism for applicant's customers to purchase applicant's products. Specimens accessed 10/05/20 http://powder.gg/.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17
Specimen File18
Specimen File19

International Class 042:  Provision of temporary use of non-downloadable software via mobile phone application software and PC computer program for allowing customers to create, capture, edit, and share non-downloadable and downloadable audio-visual recordings, stories, images, emojis, soundtracks, pictures, sound recordings, and short films in the field of education, entertainment, gaming, and general interest

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 04/11/2020, and first used in commerce at least as early as 04/11/2020, 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) In-use specimens 1-19 all consist of screenshots from applicant's website showing applicant's goods for sale and include applicant's trademark along with descriptions of applicant's goods and products. Specimens 1-16 show the price of applicant's goods and mechanism for applicant's customers to purchase applicant's products. Specimens Accessed 10/05/2020 http://powder.gg/.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17
Specimen File18
Specimen File19



The owner's/holder's proposed attorney information: Aaron Riedel. Aaron Riedel, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      85 Delancey St. Fl 2
      New York, New York 10002
      United States
      aaron@aaronriedel.com

Aaron Riedel 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:

Aaron Riedel

PRIMARY EMAIL FOR CORRESPONDENCE: aaron@aaronriedel.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 $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: /Aaron Riedel/   Date: 10/12/2020
Signatory's Name: Aaron Riedel
Signatory's Position: Aaron Riedel, Attorney of record, New York Bar member.
Payment Sale Number: 90248401
Payment Accounting Date: 10/13/2020

Serial Number: 90248401
Internet Transmission Date: Mon Oct 12 11:14:59 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020101211145965
4834-90248401-75040d97e327537b3235f908bf
41999a6eff05e5edd22a2d03c204dfb9ce9acbd-
CC-14583327-20201012111102089485