Notice of Allowance

SLUSHY

Boink Technologies, Inc.

Official USPTO Notice of Allowance: U.S. Trademark SN 90658940: SLUSHY: Docket/Reference No. 323088.00002


From: TMOfficialNotices@USPTO.GOV
Sent: Tuesday, June 28, 2022 00:25 AM
To: ipdocket@foxrothschild.com
Cc: mleonard@foxrothschild.com
Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 90658940: SLUSHY: Docket/Reference No. 323088.00002



NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Jun 28, 2022

U.S. Serial Number:   90658940
Mark:   SLUSHY
Docket/Reference Number:  323088.00002

No opposition was filed for this published application.  The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request).  WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue.  Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either:
   - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally);  OR
   - An Extension Request, if the applicant is not yet using the mark in commerce.  If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed.  The applicant may file a total of five (5) extension requests.  WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued.  The deadline for filing is always calculated from the issue date of the NOA.

How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS).  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.  Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.  If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.gov.uspto.report/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit.  Please use the "Post-Publication Amendment" form under the "POST-APPROVAL/PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) AMENDMENT FORMS" category, available at http://www.gov.uspto.report/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa.  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.

Serial Number: 90658940
Mark: SLUSHY
Docket/Reference Number: 323088.00002
Owner: Boink Technologies, Inc.
900 Linton Blvd Suite 201A
Delray Beach , FLORIDA   33444

Correspondence Address: Michael J. Leonard
FOX ROTHSCHILD LLP
997 LENOX DRIVE, BLDG. 3
LAWRENCEVILLE NJ 08648-2311


This application has the following bases, but not necessarily for all listed goods/services:
Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

009 - Downloadable computer software for enabling transmission of photographs; downloadable computer software for the collection, organizing, transmission, storage and sharing of data and information; downloadable computer software which facilitates online access services for social networking, building social networking applications and for allowing data retrieval, upload, download, access and management; downloadable computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks; downloadable computer software platforms for application development and database management -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
038 - providing access to interactive communication blog websites on the Internet; providing Internet chatrooms; electronic transmission of data, messages, graphics, images and information by electronic networks; electronic transmission of digital photo files among internet users; providing access to computer, electronic and online databases; providing online forums for communication on topics of user interest; providing online chat rooms and electronic bulletin boards for transmission of messages among users and for uploading , posting, displaying, tagging, and electronically transmitting data, information, messages, graphics, and images; electronic transmission of digital photo files, videos, audio visual content and data among internet and mobile device users; electronic exchange of messages being electronic message transmission via chat lines, chatrooms and Internet forums; video-on-demand transmission services; video broadcasting; providing telecommunication internet access to a web site that gives users the ability to upload photographs -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
041 - providing entertainment services in the nature of a website featuring non-downloadable video, photographs, images, audio, and text through a website and via a global computer network in the field of adult entertainment; publication of electronic journals and web logs featuring user generated or specified content in relation to adult entertainment; publication of text and graphic works on CD, DVD, on-line in the field of adult entertainment -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
042 - providing an interactive website featuring technology that allows users to manage their online photograph and social networking accounts; website featuring temporary use of non-downloadable software for displaying and sharing user location data, photographs and images, and for searching for and locating other users and places and interacting therewith; providing online non-downloadable software for displaying and sharing user location data, photographs and images, and for searching for and locating other users and places and interacting therewith; website featuring temporary use of non-downloadable software for photo sharing and use in connection with influencer-related services -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.




Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here.

Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration.  The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of this application, go to http://tsdr.gov.uspto.report/#caseNumber=90658940&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch  or contact the Trademark Assistance Center at 1-800-786-9199.  Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go to http://tsdr.gov.uspto.report/#caseNumber=90658940&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch.  NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

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