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: 97534914

Filing Date: 08/04/2022

To the Commissioner for Trademarks:

MARK: NIFTY GATEWAY (Standard Characters, see mark)
The literal element of the mark consists of NIFTY GATEWAY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Gemini IP, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      41 Madison Avenue, 31st Floor
      New York, New York 10010
      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 software for providing access to and related to social media, virtual environments, digital arts, crypto-collectibles, non-fungible tokens (NFTs), application tokens, and digital currencies; Downloadable software for use in electronically buying, selling, receiving, sending, storing, trading, and processing transactions to and related to social media, digital arts, crypto-collectibles, non-fungible tokens (NFTs), application tokens, and digital currencies; Downloadable software for providing information, communications, and authentications for social media, digital arts, crypto-collectibles, non-fungible tokens (NFTs), application tokens, and digital currencies; Downloadable software for downloading, receiving, sending, and storing software, data, links, video files, and image files from the internet; Downloadable software for providing access to digital marketplaces and auctions

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 07/19/2022, and first used in commerce at least as early as 07/19/2022, 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) screenshot showing the applicable mark in use at a point of download for the downloadable software.

Original PDF file:
SPE0-9765103130-202208041 40239445443_._2QS0484.PDF
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6343816.


The owner's/holder's proposed attorney information: Rhett V. Barney. Other appointed attorneys are David A. Divine, Robert A. Madayag III, George H. Brunt, Andrew L. Eisenberg, Joshua T. Grandinetti, Ethan B. Vodde and Johanna R. Tomlinson. Rhett V. Barney of Lee & Hayes, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      601 W. Riverside Ave Suite 1400
      Spokane, Washington 99201
      United States
      509-944-4642(phone)
      509-323-8979(fax)
      trademarks@leehayes.com
The docket/reference number is G175-1077TMU.
Rhett V. Barney 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:

Rhett V. Barney

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@leehayes.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhettb@leehayes.com; karig@leehayes.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 $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: /Rhett Barney/   Date: 08/04/2022
Signatory's Name: Rhett V. Barney
Signatory's Position: Attorney of Record, WA State Bar Member
Signatory's Phone Number: 509-944-4642
Signature method: Sent to third party for signature
Payment Sale Number: 97534914
Payment Accounting Date: 08/04/2022

Serial Number: 97534914
Internet Transmission Date: Thu Aug 04 14:51:36 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2022080414513622
5625-97534914-82031b939a24e6c1ebdd65e7b5
b44f79723fb7460d66d64cbcfcccf1da8c227f-C
C-51342662-20220804140239445443