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: 97373727

Filing Date: 04/21/2022

To the Commissioner for Trademarks:

MARK: POWER PLAY (Standard Characters, see mark)
The literal element of the mark consists of POWER PLAY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, SidePrize LLC, a limited liability company legally organized under the laws of Georgia, having an address of
      3423 Piedmont Road, Suite 321
      Atlanta, Georgia 30305
      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 for facilitating fantasy sport play and participation, on-line entries, tracking fantasy sports performance data, and calculation of earnings; and downloadable software in the nature of a mobile application for facilitating fantasy sport play and participation, on-line entries, tracking fantasy sports performance data, and collecting participant funds and distributing earnings.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 08/05/2019, and first used in commerce at least as early as 08/05/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshots of the mark displayed on Applicant's mobile application.

Original PDF file:
SPE0-73106215144-20220415 095350948768_._POWER_PLAY _class_9_specimens.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 042:  Providing temporary use of on-line non-downloadable software for facilitating fantasy sport play and participation, on-line entries, tracking fantasy sports performance data, and calculation of earnings; providing an interactive website featuring technology that allows users to play and participate in fantasy sports, on-line entries, tracking fantasy sports performance data, collecting participant funds and distributing earnings.

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 08/05/2019, and first used in commerce at least as early as 08/05/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) website screenshots displaying prominent use of the applied-for mark in connection with the services provided thereunder.

Original PDF file:
SPE0-73106215144-20220415 095350948768_._POWER_PLAY _class_42_specimens.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Webpage URL: http://www.prizepicks.com/
Webpage Date of Access: 04/11/2022



The owner's/holder's proposed attorney information: Ashley N. Klein. Other appointed attorneys are all other attorneys of Morris, Manning & Martin, LLP. Ashley N. Klein of Morris, Manning & Martin, 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
      1600 Atlanta Financial Center
      3343 Peachtree Rd. NE
      Atlanta, Georgia 30326
      United States
      404-233-7000(phone)
      404-365-9532(fax)
      ipdocket@mmmlaw.com
The docket/reference number is 38926-149989.
Ashley N. Klein 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:

Ashley N. Klein

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@mmmlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): aklein@mmmlaw.com; dsineway@mmmlaw.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 $700 has been submitted with the application, representing payment for 2 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: /Jay Deuskar/   Date: 04/21/2022
Signatory's Name: Jay Deuskar
Signatory's Position: Chief Technology Officer
Signatory's Phone Number: 404-233-7000
Signature method: Sent to third party for signature
Payment Sale Number: 97373727
Payment Accounting Date: 04/21/2022

Serial Number: 97373727
Internet Transmission Date: Thu Apr 21 09:06:01 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202204210906017
75081-97373727-8203141f03a1bc9729ebc256c
d0e32236d5de84208a49d7f95a5a5fabbae36953
2-DA-06011285-20220415095350948768