Application

PTO- 1478

Approved for use through 07/31/2021. 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 07/31/2021. 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: 90833271

Filing Date: 07/16/2021

To the Commissioner for Trademarks:

MARK: GEMINI (Standard Characters, see mark)
The literal element of the mark consists of GEMINI. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Gemini IP, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      41 Madison Avenue, 31st Floor
      New York, New York 10010
      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:  magnetically encoded cards, namely, charge cards, credit cards, debit cards, and payment cards; credit, debit, charge, and payment cards containing an encoded electronic chip; credit, debit, charge, and payment cards containing a blank electronic chip; downloadable computer software for facilitating commercial transactions through electronic means via wireless networks, global computer networks and mobile telecommunications networks; downloadable computer software for use in connection with the electronic storage, transmission, presentation, verification, and authentication of credit, debit, charge, and payment cards; downloadable computer software used to process mobile cryptocurrency payments; downloadable computer software for use in processing mobile cryptocurrency payment transactions with retailers, merchants, and vendors via mobile devices; downloadable computer software for transmitting, processing, facilitating, verifying, and authenticating transaction and payment information; downloadable computer software for increasing the security of mobile payment transactions with retailers, merchants and vendors via mobile devices; downloadable computer application software for mobile devices, namely, software which enables users to trade, cryptocurrency, futures and options on cryptocurrency; downloadable computer software used to process loyalty awards and rewards through the use of physical and virtual credit, debit, charge and payment cards; downloadable computer software for use in processing mobile cryptocurrency loyalty awards and rewards via mobile devices; downloadable computer software for transmitting, processing, facilitating, verifying, and authenticating loyalty awards and rewards;
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:  administration of customer loyalty and rewards program for enabling participants to obtain rewards on goods and services for their benefit through use of physical and virtual credit, debit, charge, and payment cards; providing incentive award programs through issuance and processing of loyalty awards in the form of cryptocurrency;
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 036:  financial services, namely, providing information about mobile payments and bill payment transactions with retailers, merchants, and vendors via mobile devices; financial services, namely, processing, verifying, and providing the administration of mobile payments and bill payment transactions with retailers, merchants, and vendors via mobile devices; providing payment processing and bill payment services with retailers, merchants, and vendors via mobile devices; financial services, namely, providing virtual currency in the nature of a cryptocurrency for use by members of an on-line community via a global computer network; financial services, namely, providing on-line stored value accounts based on cryptocurrency in an electronic environment; electronic processing of wireless wallets, mobile wallets, and virtual credit, debit, charge, and payment card transactions; financial services, namely, providing virtual currency in the nature of a cryptocurrency for use by members of an on-line community via a global computer network; financial services, namely, providing on-line stored value accounts based on cryptocurrency in an electronic environment; financial services, namely, providing a virtual currency, namely cryptocurrency, for use by members of an on-line community via a global computer network; financial services, namely, consulting and facilitation services for third-party mutual funds, security funds, and cryptocurrency funds; trade execution, clearing, and custody services for third-party mutual funds, security funds, and cryptocurrency funds; financial and investment services, namely, brokerage, trading, and investment services in the field of cryptocurrency; providing temporary use of online non-downloadable computer software used to process mobile cryptocurrency payments; providing temporary use of online non-downloadable computer software for use in processing mobile cryptocurrency payment transactions with retailers, merchants, and vendors via mobile devices; providing temporary use of online non-downloadable computer software for transmitting, processing, facilitating, verifying, and authenticating transaction and payment information; providing temporary use of online nondownloadable computer software for increasing the security of mobile payment transactions with retailers, merchants and vendors via mobile devices; providing user authentication services using user name and password, two-factor authentication, and biometric authentication technology for mobile cryptocurrency payments and bill payment transactions with retailers, merchants, and vendors via mobile devices; financial services in the nature of providing a financial exchange, namely, providing an online digital asset exchange for trading cryptocurrency, futures and options on cryptocurrency; financial services, namely, providing an online digital asset exchange for crypto-tokens; trading services for cryptocurrency and derivatives of cryptocurrency; financial advisory and consultancy services; financial management services, namely, operation and management of investment funds in the fields of venture capital, private equity, and expansion or acquisition funding; financial investment services, namely, providing venture capital, private equity, and expansion or acquisition funding; providing an online digital asset marketplace for buyers and sellers of cryptotokens;
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 temporary use of online non-downloadable computer software for use in processing mobile payments; providing temporary use of online non-downloadable computer software for use in processing mobile payment transactions with retailers, merchants, and vendors via mobile devices; providing temporary use of online non-downloadable computer software for transmitting, processing, facilitating, verifying, and authenticating transaction and payment information; providing temporary use of online non-downloadable computer software for increasing the security of mobile payment transactions with retailers, merchants and vendors via mobile devices; computer services, namely, hosting and maintaining online website for others to provide feedback and information with respect to physical and virtual credit, debit, charge, and payment card membership;
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: Charles R. Macedo. Other appointed attorneys are Daniel Ebenstein, Philip H. Gottfried, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Chester Rothstein, Charles R. Macedo, Brian Comack, Max Vern, Holly Pekowsky, Douglas A. Miro, Benjamin Halpern, Charles P. LaPolla, Brian Amos, Richard S. Mandaro, Marc J. Jason, Matthieu Hausig, Alan Miller, Marion Metelski, Suzue Fujimori, Hajime Sakai, David P. Goldberg, Keith J. Barkaus, Michael R. Jones, Christopher Lisiewski, Albert J. Boardman, Chandler Sturm, Olivia Harris and Devin Garrity. Charles R. Macedo of Amster, Rothstein & Ebenstein 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
      90 Park Avenue, 21st Floor
      New York, New York 10016
      United States
      212-336-8000(phone)
      212-336-8001(fax)
      ptodocket@arelaw.com
The docket/reference number is 37056-0303.
Charles R. Macedo 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:

Charles R. Macedo

PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Gemini@arelaw.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 $1400 has been submitted with the application, representing payment for 4 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: /Charles R. Macedo/   Date: 07/16/2021
Signatory's Name: Charles R. Macedo
Signatory's Position: Attorney of Record, New York State Bar Member
Signatory's Phone Number: 212-336-8000
Signature method: Signed directly within the form
Payment Sale Number: 90833271
Payment Accounting Date: 07/16/2021

Serial Number: 90833271
Internet Transmission Date: Fri Jul 16 16:07:35 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20210716160735957
679-90833271-7809a2a35320c577995aa0be294
dd2a2ae15436a71f51f751d788eec82eb87-CC-0
7342986-20210716160517303852