Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.

---

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.

Trademark/Service Mark Application, Principal Register

Serial Number: 97473696

Filing Date: 06/23/2022

To the Commissioner for Trademarks:

MARK: EBAY (stylized and/or with design, see mark)
The literal element of the mark consists of EBAY. The color(s) red, blue, yellow, and green is/are claimed as a feature of the mark. The mark consists of the letters "ebay" all in lower case, each in the color red, blue, yellow, and green respectively.
The applicant, eBay Inc., a corporation of Delaware, having an address of
      2025 Hamilton Avenue
      San Jose, California 95125
      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 virtual goods, namely, non-fungible assets; downloadable computer software for managing and verifying non-fungible token (NFT) transactions on a blockchain; computer programs and computer software for use in electronically creating, trading, storing, sending, receiving, accepting and transmitting, crypto-collectibles, and non-fungible tokens (NFTs), managing digital transactions and data authentication via blockchain technology; non-fungible tokens (NFTs) used with blockchain technology; downloadable electronic data files 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.

International Class 035:  Online retail store services featuring actual and virtual goods, namely, digital collectibles, crypto-collectibles and non-fungible tokens (NFTs) on a blockchain network featuring or linking to digital or physical goods; online trading services, namely, operating online marketplaces for transactions of buyers and sellers of virtual goods and blockchain-based non-fungible tokens (NFTs), using blockchain-based software technology and smart contracts; online marketplace services, namely, providing a marketplace for buyers and sellers of 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.

International Class 036:  Exchange services relating to non-fungible tokens (NFTs); issuance of 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.

International Class 042:  Providing an interactive website enabling users to create, view, buy, and sell digital assets through blockchain-based transactions; providing non-downloadable computer programs for managing the creation, purchase and sale of non-fungible tokens (NFTs); providing computer software for the creation, purchase and sale of rights to digital assets
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6687204, 4408423, 6707664, and others.


The owner's/holder's proposed attorney information: Ester Martin. Other appointed attorneys are All Other Attorneys at Holland & Hart LLP. Ester Martin of Holland & Hart 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
      Attn: Trademark docketing
      P.O. Box 8749
      Denver, Colorado 80202
      United States
      303-295-8180(phone)
      docket@hollandhart.com
The docket/reference number is 78143.2277.
Ester Martin 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:

Ester Martin

PRIMARY EMAIL FOR CORRESPONDENCE: docket@hollandhart.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ebay@hollandhart.com; emartin@hollandhart.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 $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: /Ester Martin/   Date: 06/23/2022
Signatory's Name: Ester Martin
Signatory's Position: Attorney for Applicant, Colorado bar member
Signatory's Phone Number: 303-295-8180
Signature method: Signed directly within the form
Payment Sale Number: 97473696
Payment Accounting Date: 06/23/2022

Serial Number: 97473696
Internet Transmission Date: Thu Jun 23 23:37:18 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022062323371865
0656-97473696-82033efed1777ecfd912ddbe53
dc6ba6ed4c864eeb368a29408592f9fe4e214-DA
-37180595-20220623232223904755