TEAS Plus New 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

TEAS Plus Application

Serial Number: 97233406

Filing Date: 01/22/2022

To the Commissioner for Trademarks:

MARK: HYPERREAL (Standard Characters, see mark)
The literal element of the mark consists of HYPERREAL. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, HYPERREAL DIGITAL, INC., a corporation of Delaware, having an address of
      3208 COMFORT ROAD
      NEW HOPE, Pennsylvania 18938
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Downloadable computer game software; Downloadable computer game software for use on mobile and cellular phones; Downloadable computer software for interactive games; Downloadable computer software for engaging in social networking; Downloadable game software; Downloadable graphic art reproductions; Downloadable software for viewing crypto-collectibles, non-fungible tokens and other application tokens; Downloadable software for processing transactions related to crypto-collectibles, non-fungible tokens and other application tokens; Downloadable virtual reality software for playing games in virtual worlds; Computer software for managing cryptocurrency transactions using blockchain technology; Downloadable virtual goods, namely, computer programs featuring computer-generated imagery, computer-generated graphics, computer-generated animation, and computer-generated special effects for use in online virtual worlds; Downloadable computer software for accessing, reading, and tracking information in the field of computer-generated imagery and graphics on a blockchain; Downloadable software for blockchain-based inventory management
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035:  Operating on-line marketplaces featuring digital collectibles; Operating on-line marketplaces for sellers and buyers of goods and/or services; Provision of an on-line marketplace for buyers and sellers of computer-generated imagery, computer-generated graphics, computer-generated animation, and computer-generated special effects; Provision of an on-line marketplace for buyers and sellers of digital humans; Retail store services featuring virtual goods, namely, digital humans for use in online virtual worlds; On-line retail store services featuring virtual reality gameplay; On-line retail store services featuring digital assets; On-line retail store services featuring virtual goods, digital collectibles, crypto-collectibles and non-fungible tokens on a blockchain network; On-line retail store services featuring physical and virtual merchandise for use by members of an online community in connection with a designated website featuring fictional characters
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Entertainment services, namely, providing on-line, non-downloadable virtual digital humans for use in virtual environments created for entertainment purposes; Entertainment services, namely, providing on-line, non-downloadable virtual performances and social events for use in virtual environments created for entertainment purposes; Entertainment services, namely, providing on-line, non-downloadable virtual models for use in virtual environments created for entertainment purposes; Providing online non-downloadable game software
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 045:  Online social networking services; Online social networking services for the interaction between digital humans; Online social networking services for registered users to buy and sell digital assets represented by non-fungible tokens; Online social networking services provided through a community website; Stock photography services, namely, leasing reproduction rights of photographs, transparencies and digital content to others; Stock photography services, namely, leasing reproduction rights of digital humans to others; Stock videography services, namely, leasing reproduction rights of digital humans to others
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. (15 U.S.C. Section 1051(b)).


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6197257.


The owner's/holder's proposed attorney information: Darren Heitner. Darren Heitner of Heitner Legal, P.L.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      215 Hendricks Isle
      Fort Lauderdale, Florida 33301
      United States
      954-558-6999(phone)
      darren@heitnerlegal.com

Darren Heitner 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:

Darren Heitner

PRIMARY EMAIL FOR CORRESPONDENCE: darren@heitnerlegal.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): alan@heitnerlegal.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 $1000 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: /Darren Heitner/   Date: 01/22/2022
Signatory's Name: Darren Heitner
Signatory's Position: Attorney of record, Florida Bar member
Signatory's Phone Number: 954-558-6999
Signature method: Signed directly within the form
Payment Sale Number: 97233406
Payment Accounting Date: 01/24/2022

Serial Number: 97233406
Internet Transmission Date: Sat Jan 22 18:54:00 ET 2022
TEAS Stamp: USPTO/FTK-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20220122185400907543-97233406-8
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