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: 97478125

Filing Date: 06/27/2022

To the Commissioner for Trademarks:

MARK: AVATAR (stylized and/or with design, see mark)
The literal element of the mark consists of AVATAR. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized word "AVATAR" with the design of a winged creature forming part of the first letter "A".
The applicant, Twentieth Century Fox Film Corporation, a corporation of Delaware, having an address of
      10201 West Pico Boulevard
      Los Angeles, California 90035
      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:  Apparatus for recording, transmission, processing, and reproduction of sound, images, or data; digital media, namely, pre-recorded downloadable audio and video recordings, CDs, DVDs, high definition digital discs, mp3 files and mp4 files featuring live-action entertainment, animated entertainment, and music; cinematographic films featuring live-action entertainment, animated entertainment, and music; motion picture films featuring live-action entertainment, animated entertainment, and music; fiction and non-fiction audio books on a variety of topics; downloadable ringtones featuring music and other sounds, via a global computer network and wireless communication devices; audio and visual recordings featuring live-action entertainment, animated entertainment, music and games; musical recordings; downloadable game software; downloadable mobile applications for viewing, playing, and purchasing animated entertainment and electronic games; downloadable video game software; downloadable computer software for the administration of learning activities; encoded electronic chip cards containing programming to access and utilize music, stories, dramatic performances, non-dramatic performances, learning activities, and electronic games; computer hardware and computer peripheral devices; mouse pads; wrist and arm rests for use with computers; computer screen saver software; cell phone battery chargers; cameras; digital cameras; optical, digital versatile, and compact disc players and recorders for audio, video, and computer data; radios; audio speakers; digital photo frames; headphones; earphones; ear buds; walkie-talkies; telephones; headsets for cellular telephones; adapters for cellular telephones in the nature of power adapters; cell phone cases; eyeglasses; sunglasses; eyeglass and sunglass cases; binoculars; decorative magnets; microphones; protective covers and cases for tablet computers; radio frequency authentication device in the nature of identification tag readers and radio frequency transmitter; smart watches; fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones, portable music players, mobile computers, and tablet computers; video projectors; video projector with wireless connection capability for use with wireless communication devices; karaoke machines; bicycle helmets; flotation vests; protective face masks not for medical purposes, namely, for the prevention of accident or injury; protective helmets for sports; snorkels; swimming goggles; swim masks; downloadable virtual reality game software; downloadable augmented reality software for entertainment and gaming; downloadable augmented reality software for use in mobile devices for integrating electronic data with real world environments for the purpose of entertainment and gaming; virtual reality glasses; virtual reality headsets for use with mobile phones; ear buds for use with mobile phones; earphones for use with mobile phones; headphones for use with mobile phones; downloadable electronic publications, namely, manuals, books, blogs, and magazines featuring science fiction, fantasy, action, adventure, comedy, drama, music, and children's entertainment recorded on computer media; downloadable electronic publications, namely, books, comic books, magazines, manuals and pamphlets featuring entertainment, news, music, and the arts
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: Scott L. Whiteleather. Other appointed attorneys are Vivian S. Lee, Rachale Miller, Kaydi Osowski, Steven Plotkin, Tina M. Pompey, Gloria Shaw and Charles Steinberg. Scott L. Whiteleather of The Walt Disney Company, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      IP Department - Trademark Group
      500 South Buena Vista Street
      Burbank, California 91521
      United States
      818-560-1000(phone)
      818-848-6424(fax)
      trademarks@disney.com

Scott L. Whiteleather 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:

Scott L. Whiteleather

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@disney.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: /Scott L. Whiteleather/   Date: 06/27/2022
Signatory's Name: Scott L. Whiteleather
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 818-560-1000
Signature method: Sent to third party for signature
Payment Sale Number: 97478125
Payment Accounting Date: 06/27/2022

Serial Number: 97478125
Internet Transmission Date: Mon Jun 27 19:41:41 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202206271941415
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cf2205d40c32c3b38bfd96c199931a1c93689d9a
-DA-41412259-20220624181146018480