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

---

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: 97270190

Filing Date: 02/16/2022

To the Commissioner for Trademarks:

MARK: YOUNG GUNS (Standard Characters, see mark)
The literal element of the mark consists of YOUNG GUNS. 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 software featuring digital trading cards; downloadable images in the nature of digital trading cards for use on computers, smart phones, tablets and digital personal assistant; downloadable images in the nature of digital trading cards; 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, machine readable, featuring digital trading cards, images, clips, music files, audio recordings, multimedia file containing text, multimedia files containing audio, multimedia file containing video, video recordings, audio and video recordings, audio and video recordings all being in field of sports, entertainment, special events, contests, moments in time being newsworthy, historic moments, authenticated by non-fungible tokens using blockchain technology; non-fungible tokens used with blockchain technology, namely, magnetic cards encoded with digital trading cards, images, clips, music files, audio recordings, multimedia file containing text, multimedia file containing audio, multimedia file containing video, video recordings, audio and video recordings, audio and video recordings all being in field of sports, entertainment, special events, contests, moments in time being newsworthy, historic moments, authenticated by non-fungible tokens using blockchain technology; pre-recorded optical discs, machine readable, featuring preinstalled software using blockchain technology for data storage and content access limitation and also featuring digital trading cards, images, clips, music files, audio recordings, multimedia file containing text, multimedia file containing audio, multimedia file containing video, video recordings, audio and video recordings, audio and video recordings all being in field of sports, entertainment, special events, contests, moments in time being newsworthy, historic moments, authenticated by non-fungible tokens using blockchain technology; Downloadable music files authenticated by non-fungible tokens (NFTs); Downloadable audio recordings authenticated by non-fungible tokens (NFTs); Downloadable multimedia file containing artwork authenticated by non-fungible tokens (NFTs); Downloadable multimedia file containing text authenticated by non-fungible tokens (NFTs); Downloadable multimedia file containing audio authenticated by non-fungible tokens (NFTs); Downloadable multimedia file containing video authenticated by non-fungible tokens (NFTs); Downloadable video recordings authenticated by non-fungible tokens (NFTs); Downloadable audio and video recordings authenticated by non-fungible tokens (NFTs); Downloadable image files authenticated by non-fungible tokens (NFTs); Downloadable multimedia file containing artwork, text, audio, and video authenticated by non-fungible tokens (NFTs); downloadable computer software featuring digital trading cards; downloadable images in the nature of digital trading cards for use on computers, smart phones, tablets and digital personal assistant; downloadable images in the nature of digital trading cards
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 016:  Printed trading cards in the fields of sports, gaming, and entertainment; printed collectible trading cards
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 retail store services featuring digital images, audio-visual files, audio files, and digital files authenticated by 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; Non-downloadable music files authenticated by non-fungible tokens (NFTs); Non-downloadable audio recordings authenticated by non-fungible tokens (NFTs); Non-downloadable multimedia file containing artwork authenticated by non-fungible tokens (NFTs); Non-downloadable multimedia file containing text authenticated by non-fungible tokens (NFTs); Non-downloadable multimedia file containing audio authenticated by non-fungible tokens (NFTs); Non-downloadable multimedia file containing video authenticated by non-fungible tokens (NFTs); Non-downloadable video recordings authenticated by non-fungible tokens (NFTs); Non-downloadable audio and video recordings authenticated by non-fungible tokens (NFTs); Non-downloadable image files authenticated by non-fungible tokens (NFTs); Non-downloadable multimedia file containing artwork, text, audio, and video authenticated by non-fungible tokens (NFTs)
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-358B.
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 $1750 has been submitted with the application, representing payment for 5 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: 02/15/2022
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: 97270190
Payment Accounting Date: 02/16/2022

Serial Number: 97270190
Internet Transmission Date: Wed Feb 16 16:26:46 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2022021616264676
2389-97270190-810ee135f2022d11f2ac9bcdb2
78bd884b36644a68fbe9260bc0cbed644477ebd-
CC-26452399-20220215191431263255