Application

PTO- 1478

Approved for use through 08/31/2021. 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 08/31/2021. 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: 90900022

Filing Date: 08/24/2021

To the Commissioner for Trademarks:

MARK: NEW YORK TORCH (Standard Characters, see mark)
The literal element of the mark consists of NEW YORK TORCH. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, EXTELL DEVELOPMENT COMPANY, a corporation of Delaware, having an address of
      805 THIRD AVENUE SEVENTH FLOOR
      New York, New York 10022
      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 041:  Entertainment services, namely, providing observation decks for sightseeing
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 043:  Hotel 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: Matthew J. Smith. Other appointed attorneys are Kathryn T. Allen, Ari M. Bai, Corey M. Casey, Kory D. Christensen, Brad Crawford, Rhiannon D'Agostin, Elton F. Dean, III, Mark T. Deming, Brian B. Diekhoff, Derek D. Donahoe, Kate J. Doty, Gregory P. Durbin, Taryn A. Elliott, Jeffrey E. Fine, Timothy D. Fontes, Eric J. Hanson, Roberta J. Hanson, Gary E. Hood, L. Hannah Ji, S. Wade Johnson, J. Morgan Kirley, Gregory M. Kratofil, Jr., Todd M. Malynn, Hillary E. Maynard, Joshua M. McCaig, Daniel P. Mullarkey, Tara A. Nealey, Michael D. Pegues, Andrea M. Porterfield, Joshua Pranckun, Emily C. Peyser, Adam C. Rehm, Rebecca C. Riley-Vargas, Melvin J. Sims, Matthew J. Smith, Colby B. Springer, James M. Stipek, Peter G. Thurlow, Matt Todd, Milan Vinnola, Adam S. Weiss, Jason A. Wietjes, Michael A. Williamson, Laila S. Wolfgram, Spencer R. Wood, Patrick C. Woolley, and Miya Yusa. Matthew J. Smith of Polsinelli PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 1000
      100 S. Fourth St.
      St. Louis, Missouri 63102
      United States
      314-889-8000(phone)
      314-231-1776(fax)
      uspt@polsinelli.com
The docket/reference number is 013557.
Matthew J. Smith 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:

Matthew J. Smith

PRIMARY EMAIL FOR CORRESPONDENCE: uspt@polsinelli.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): scason@polsinelli.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 $700 has been submitted with the application, representing payment for 2 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: /Matthew J. Smith/   Date: 08/24/2021
Signatory's Name: Matthew J. Smith
Signatory's Position: Attorney of record, Missouri Bar Member
Signatory's Phone Number: 314-889-8000
Signature method: Sent to third party for signature
Payment Sale Number: 90900022
Payment Accounting Date: 08/24/2021

Serial Number: 90900022
Internet Transmission Date: Tue Aug 24 17:02:13 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2021082417021375
8998-90900022-7812fcf21df8726a0dbd5db98e
4bb146d0199342828aa8ce6548386dfd327477a-
DA-02134579-20210824165117036812