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: 90658940

Filing Date: 04/20/2021

To the Commissioner for Trademarks:

MARK: SLUSHY (Standard Characters, see mark)
The literal element of the mark consists of SLUSHY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Boink Technologies, Inc., a corporation of Delaware, having an address of
      900 Linton Blvd Suite 201A
      Delray Beach, Florida 33444
      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 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
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 035:  arranging subscriptions of the online publications of others for the purpose of allowing individuals to subscribe and access content uploaded by members of the service; Online advertising network matching services for connecting brands to social media leaders for promotional purposes; business networking; providing marketing consulting in the field of social media; On-line customer-based social media brand marketing services; Social media strategy and marketing consultancy; Marketing services in the nature of promotion of third-party goods and services by social media influencers
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 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; 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; 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
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 041:  providing entertainment services in the fields of social and community interest groups; 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
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 an interactive website featuring technology that allows users to manage their online photograph and social networking accounts; online providing 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; online platform for photo sharing and use in connection with influencer-related services
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.



The owner's/holder's proposed attorney information: Michael J. Leonard. Other appointed attorneys are Christopher D. Olszyk, Jr.. Michael J. Leonard of Fox Rothschild 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
      997 Lenox Drive, Bldg. 3
      Lawrenceville, New Jersey 08648-2311
      United States
      215-299-2085(phone)
      ipdocket@foxrothschild.com
The docket/reference number is 323088.00002.
Michael J. Leonard 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:

Michael J. Leonard

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@foxrothschild.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mleonard@foxrothschild.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 $1750 has been submitted with the application, representing payment for 5 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: /David Gross/   Date: 04/20/2021
Signatory's Name: David Gross
Signatory's Position: CEO
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 90658940
Payment Accounting Date: 04/20/2021

Serial Number: 90658940
Internet Transmission Date: Tue Apr 20 20:00:05 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202104202000050
00545-90658940-770c7d7c5bdb9c050b1cb2c74
8e2662d9d9a03af8ec708f3ec52481bb4a81030-
CC-00011186-20210420111113426973