Application

PTO- 1478

Approved for use through 09/30/2021. 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 09/30/2021. 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: 97009666

Filing Date: 09/02/2021

To the Commissioner for Trademarks:

MARK: VISUALAX (Standard Characters, see mark)
The literal element of the mark consists of VISUALAX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, VISUALAX LTD, a limited liability company legally organized under the laws of United Kingdom, having an address of
      8 Clarewood Court, Seymour Place
      London W1H2NL
      United Kingdom
      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:  Data and image processing software for making three dimensional models; Virtual reality software for retail stores and museums, for the function of use in mobile computing devices for playing computer games, displaying sales, offers and products, displaying facts in the form of text, and images and audio about objects; Augmented reality software for retail stores and museums, for the function of use in mobile computing devices for playing computer games, displaying sales, offers and products, displaying facts in the form of text, and images and audio about objects; Augmented reality software for use in mobile computing devices for retail stores and museums, for the function of use in mobile computing devices for playing computer games, displaying sales, offers and products, displaying facts in the form of text, and images and audio about objects; Augmented reality software for use in mobile computing devices for integrating electronic data with real world environments; Application software for use in mobile computing devices for integrating electronic data with real world environments; Virtual reality games software; Downloadable software in the nature of a mobile application for games
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 films, not downloadable, via video-on-demand transmission services; Provision of non-downloadable films; Video recordings provided from the internet; Audio-visual display presentations; Production of audio/visual presentations; Audio-visual display presentation services for educational purposes; Provision of audio and visual media via communications networks; Information, advice and consultancy in relation to all the aforesaid 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.

International Class 042:  Design and development of virtual and augmented reality software; Provision of temporary use of non-downloadable software and application software for use in relation to augmented reality and for use in mobile computing devices for integrating electronic data with real world environments; Information, advice and consultancy in relation to all the aforesaid 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: Kate Montgomery. Other appointed attorneys are Ryan Bethell, Ruth Khalsa. Kate Montgomery of The Ideas Law Firm, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      975 E Dava Drive
      Tempe, Arizona 85283
      United States
      833-863-5483(phone)
      kate@trademarkelite.com
The docket/reference number is 59328.
Kate Montgomery 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:

Kate Montgomery

PRIMARY EMAIL FOR CORRESPONDENCE: kate@trademarkelite.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@trademarkelite.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 $1050 has been submitted with the application, representing payment for 3 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: /kate montgomery/   Date: 09/02/2021
Signatory's Name: Katherine Montgomery
Signatory's Position: Attorney of Record, Arizona Bar Member
Signatory's Phone Number: 833-863-5483
Signature method: Sent to third party for signature
Payment Sale Number: 97009666
Payment Accounting Date: 09/02/2021

Serial Number: 97009666
Internet Transmission Date: Thu Sep 02 20:12:57 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.X.XXX-2021090220125789
9358-97009666-781299ad21243f43ba56123e46
a73dafacda333e27b119f064621da604e237fb-C
C-12562468-20210902190919811135