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: 97228367

Filing Date: 01/19/2022

To the Commissioner for Trademarks:

MARK: RUBIK'S (Standard Characters, see mark)
The literal element of the mark consists of RUBIK'S. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Spin Master Toys UK Limited, having an address of
      Boston House
      Boston Drive, Bourne End
      Buckinghamshire SL85YS
      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:  Computer software; downloadable computer game software; computer software applications; downloadable mobile applications; computer games and online computer games; non-fungible tokens (NFTs); digital materials, namely, non-fungible tokens (NFTs) featuring images, videos, audios, texts, and digital media art; digital materials, namely, cryptographic tokens featuring images, videos, audios, texts, and digital media art; downloadable image files containing artwork authenticated by non-fungible tokens (NFTs); downloadable virtual goods, namely, computer programs for the creation and trade of digital collectibles using blockchain based software technology; downloadable virtual goods, namely, computer programs featuring toys and games for use online and in online virtual worlds; use of digital collectibles in online contests, games and challenges
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on United Kingdom application number 3743865, filed 01/17/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: William C. Wright. Other appointed attorneys are Jason M. Drangel, Annmary Ittan, Samuel T. Kilb, Kimberly A. Klibert, Dwana Dixon, and Jesse R Bader. William C. Wright of Epstein Drangel 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
      60 East 42nd Street, Suite 2520
      New York, New York 10165
      United States
      212-292-5390(phone)
      mail@ipcounselors.com

William C. Wright 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:

William C. Wright

PRIMARY EMAIL FOR CORRESPONDENCE: mail@ipcounselors.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 $350 has been submitted with the application, representing payment for 1 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: /Jason M. Drangel/   Date: 01/19/2022
Signatory's Name: Jason M. Drangel
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 212-292-5390
Signature method: Signed directly within the form
Payment Sale Number: 97228367
Payment Accounting Date: 01/19/2022

Serial Number: 97228367
Internet Transmission Date: Wed Jan 19 22:23:33 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2022011922233302
0758-97228367-810765c25d723750fec5343128
db1ae1e6a53aaedb9ea3ca31f1965be36d2de13-
CC-23311757-20220119214700902960