Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97103071

Filing Date: 11/01/2021

To the Commissioner for Trademarks:

MARK: SPECTRUM (Standard Characters, see mark)
The literal element of the mark consists of SPECTRUM. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, The Upper Deck Company, a corporation of Nevada, having an address of
      5830 El Camino Real
      Carlsbad, California 92008
      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 programs and computer software for electronic transfer of digital tokens; downloadable computer software for use as a digital token wallet; downloadable software for enabling users to electronically create, store, send, receive, accept, and transmit digital tokens based on the blockchain technology; downloadable software for enabling users to exchange digital tokens for data; downloadable software for creating digital tokens using blockchain technology to facilitate the transfer of data between users, to allow users to post digital content, and to allow users to view digital content; non-fungible tokens used with blockchain technology, namely, pre-recorded magnetic discs featuring blockchain technology, machine-readable; non-fungible tokens used with blockchain technology, namely, magnetic coded cards with blockchain technology for representing a collectible item; non-fungible tokens used with blockchain technology, namely, pre-recorded optical discs featuring blockchain technology for data storage and content access limitation, machine-readable; downloadable computer software featuring digital trading cards; digital trading cards for use on computers, smart phones, tablets and/or digital personal assistant
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:  Online retails store services featuring non-fungible tokens
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:  Digital tokens in the nature of issuance of tokens of value; cryptocurrency trading and exchange services, namely, providing a digital currency or digital token for use by members of an on-line community via a global computer network; blockchain services, namely, providing a digital currency or digital token for use by members of an online community via a global computer network; issuance of tokens of value, namely, digital tokens for use by members of an on-line community via a global computer network; Issuance of digital tokens of value; financial exchange, namely, digital token exchange services; cryptocurrency trading services, namely, digital token trading; currency transfer services, namely, digital token transfer services; currency trading, namely, on-line real-time digital token trading; issuance of non-fungible tokens of value used with blockchain technology; issuance of non-fungible tokens of value used with blockchain technology to represent a collectible item; issuance of non-fungible tokens of value used with blockchain technology for data storage and content access limitation
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 on-line non-downloadable computer programs and computer software for electronic transfer of digital tokens; Providing on-line non-downloadable computer software for use as a digital token wallet; providing on-line non-downloadable computer software for enabling users to electronically create, exchange, store, send, receive, accept, and transmit digital tokens based on the blockchain technology; providing on-line non-downloadable computer software for enabling users to exchange digital tokens for data; providing online non-downloadable computer software for creating digital tokens using blockchain technology to facilitate the transfer of data between users, to allow users to post digital content, and to allow users to view digital content; platform as a service (PAAS) featuring computer software platforms using blockchain and distributed ledger technology for authenticating and processing digital tokens
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: Samantha C. Markley. Other appointed attorneys are all other attorneys of the firm, Loza & Loza, LLP. Samantha C. Markley of LOZA & LOZA, 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
      305 N. Second Ave., #127
      Upland, California 91786
      United States
      858-247-1041(phone)
      858-247-1041(fax)
      samantha-pto@lozaip.com
The docket/reference number is UPPER-316B.
Samantha C. Markley 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:

Samantha C. Markley

PRIMARY EMAIL FOR CORRESPONDENCE: samantha-pto@lozaip.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Samantha C. Markley/   Date: 11/01/2021
Signatory's Name: Samantha C. Markley
Signatory's Position: Attorney of Record, California Bar member
Signatory's Phone Number: 858-247-1041
Signature method: Sent to third party for signature
Payment Sale Number: 97103071
Payment Accounting Date: 11/01/2021

Serial Number: 97103071
Internet Transmission Date: Mon Nov 01 18:54:32 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2021110118543245
2997-97103071-781cc718f9d16fe6f7c9e40e3e
998d32aa0988cc430f4bb1f1298e7fe678c0d588
-CC-54310325-20211101182319658176