Application

PTO- 1478

Approved for use through 04/30/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 04/30/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90647843

Filing Date: 04/15/2021

To the Commissioner for Trademarks:

MARK: MIST (Standard Characters, see mark)
The literal element of the mark consists of MIST. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Boku, Inc., a corporation of Delaware, having an address of
      735 Battery St.
      San Francisco, California 94111
      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:  platform as a service (PaaS) featuring a platform used by merchants and issuers to process payment transactions; software as a service (SaaS) featuring software for use by merchants and issuers to process payment transactions; application service provider (ASP) featuring software applications for use by merchants and issuers to process payment transactions; technical support services, namely, troubleshooting of computer software problems; providing temporary use of non-downloadable computer software for processing electronic payments over computer networks, intranets and the Internet; Scientific research and development services relating thereto; industrial analysis and research services in the field of payment transactions; design and development of computer hardware and software in the field of payment transaction
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on United Kingdom application number UK00003622106, filed 04/06/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The owner's/holder's proposed attorney information: Dawn Newton. Other appointed attorneys are Anne Hiaring Hocking, Michael J. Dalton, Andrew S. MacKay, Padmini Cheruvu, Barbara L. Friedman, Shruti Bhutani Arora. Dawn Newton of Donahue Fitzgerald 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
      26th Floor
      1999 Harrison Street
      Oakland, California 94612
      United States
      510-451-3300(phone)
      (510) 451- 1527(fax)
      trademarks@donahue.com
The docket/reference number is BOKU (3).
Dawn Newton 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:

Dawn Newton

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@donahue.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 $350 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: /DawnNewton/   Date: 04/14/2021
Signatory's Name: Dawn Newton
Signatory's Position: Attorney of Record, CA Bar Member
Signatory's Phone Number: 510-451-3300
Signature method: Sent to third party for signature
Payment Sale Number: 90647843
Payment Accounting Date: 04/15/2021

Serial Number: 90647843
Internet Transmission Date: Thu Apr 15 13:32:33 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2021041513323389
6930-90647843-77028e1dba8fe01487d7f634f8
5b2be0c25649dff7bb2f56c808fbae7e26461d7-
DA-32333583-20210414191515075306