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: 97581315

Filing Date: 09/07/2022

To the Commissioner for Trademarks:

MARK: ARTIFACT (Standard Characters, see mark)
The literal element of the mark consists of ARTIFACT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Artifact Labs Global Limited, a limited company (ltd.) legally organized under the laws of British Virgin Islands, having an address of
      Vistra Corporate Services Centre
      Wickhams Cay II, Road Town
      Tortola VG1110
      British Virgin Islands
      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:  Electronic publications; digital publications; digital media; digital art; downloadable electronic or digital newspapers and magazines, and back copies and extracts thereof; digital assets and digital collectibles in the fields of art, current affairs, news, literary works, history, politics, music, sports, photography and entertainment; NFTs (non-fungible tokens); digital assets and digital collectibles in the nature of interactive media, images, videos, audio, three-dimensional art, digital art, photography, music, data, statistics, graphics, or visual effects, represented by NFTs on blockchain networks; downloadable virtual goods, namely, NFTs; downloadable multimedia files containing text, video, audio and images authenticated non-fungible tokens; downloadable multimedia files containing video or text relating to games, sports, art, entertainment and general consumer merchandise authenticated by NFTs; downloadable computer software for creating, displaying, storing, registering, trading, purchasing, selling and transferring digital assets, digital collectibles, NFTs and other application tokens; digital ledgers for data storage; data recorded electronically on digital or distributed ledgers; data storage computer software for blockchain technology; downloadable computer software for use as digital wallets; downloadable cryptocurrency wallets; downloadable computer software for generating NFTs and cryptographic keys for use in virtual worlds; downloadable software for blockchain transactions and smart contracts; downloadable software for use in electronically trading, storing, sending, receiving, accepting, and transmitting cryptocurrencies and other digital currencies; downloadable software applications for mobile devices; computer application software for blockchain-based platforms; downloadable software applications for providing access to digital assets, digital collectibles, NFTs and other application tokens; downloadable software applications for minting and selling digital assets, digital collectibles, NFTs and other application tokens and non-fungible assets; downloadable software applications for providing access to marketplaces for digital assets and digital collectibles, physical collectibles and NFTs; downloadable payment processing software; downloadable e-commerce software to allow users to perform electronic transactions; downloadable software for connecting electronic wallets and enabling transactions; downloadable software for viewing, accessing and processing transactions related to digital assets, digital collectibles, NFTs and other application tokens; downloadable software for downloading software, data, and image files from the Internet; downloadable software for managing digital currencies, digital assets and NFTs; downloadable computer software for use in connection with on-line contests, games and challenges and undertaking activities in virtual worlds; computer software platforms for developing, building, and operating distributed applications; carriers bearing sound and/or video recordings, data, images, graphics, text, programs and information; CDs; DVDs; high definition digital discs; MP3 files; MP4 files; audio discs; audio books; computer games, electronic games; computer game programmes; downloadable game software.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018705804, filed 05/18/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 016:  Printed matter, newspapers, periodical publications, catalogues, magazines, books, newsletters, brochures, guides and directories; photographs, stationery; art; works of art.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018705804, filed 05/18/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 035:  Retail services in the fields of digital assets, digital collectibles, media content, NFTs and other blockchain based non-fungible assets; providing online marketplaces for creating, posting, minting, promoting, exchanging, buying and selling digital assets, digital collectibles, digital art, media content, NFTs and other blockchain-based non-fungible assets and application tokens; providing and operating online marketplaces for buyers and sellers of digital goods authenticated by NFTs; auctioneering services; online auction services; auction advice and consultancy services; valuation services; trade show and commercial exhibition services; trade show and commercial exhibition services in virtual worlds; online retail store services in the fields of electronic publications, digital publications, digital media, digital art, downloadable electronic or digital newspapers and magazines, and back copies and extracts thereof; online retail store services relating to digital assets and digital collectibles in the fields of art, current affairs, news, literary works, history, politics, music, sports, photography and entertainment; online retail store services relating to digital assets and digital collectibles in the nature of interactive media, images, videos, audio, three-dimensional art, digital art, photography, music, data, statistics, graphics, or visual effects, represented by NFTs on blockchain networks; retail store services featuring virtual reality game software; retail store services featuring downloadable computer graphics; providing online registration services on a global computer network allowing users to participate in online communities and online forums; online trading services to facilitate the posting, selling, auctioning and purchasing of products or services by others; e-commerce services, namely, providing information about products via telecommunication networks for sales purposes; advertising, marketing and promotional services; presentation of goods on communication media, for retail purposes; rental of advertising space on-line; providing product information to consumers for commercial purposes; providing searchable online advertising guides and directories featuring the goods and services of others; information and advice relating to all of the aforesaid services.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018705804, filed 05/18/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 036:  Financial services; cryptocurrency services; financial services in the field of decentralised finance; financial services provided by electronic means; electronic commerce payment services; e-wallet payment services; electronic payment for others; electronic financial trading services; processing of payment transactions for electronic money; issuance of electronic gift certificates that are redeemable for goods or services; issue and redemption of tokens of value; on-line brokerage for trading and transactions relating to currency and other financial products; brokerage services for NFTs; electronic transfer of virtual currencies, tokens, electronic payments, and digital assets; financial exchange of virtual currencies, digital currencies, cryptocurrencies and digital assets; financial trading services for NFTs, crypto tokens, non-fungible assets and crypto-collectibles; virtual money brokerage; brokerage services for art, digital assets, digital collectibles, NFTs and other application tokens; real estate services; real estate services in relation to property in virtual worlds; information and advice relating to all of the aforesaid services.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018705804, filed 05/18/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 041:  Entertainment services; entertainment services provided in virtual worlds; museum, art gallery and library services; virtual world museum, art gallery and library services; virtual world archive and exhibition services featuring downloadable virtual goods, namely, NFTs; presentation of virtual shows, exhibitions and concerts for entertainment and cultural purposes; educational and training services relating to art and collectibles, including digital art and digital collectibles; publishing services; publication of non-downloadable electronic or digital newspapers and magazines, and back copies and extracts thereof; entertainment services, namely, providing non-downloadable digital collectibles, represented by NFTs via a blockchain network in the fields of art, current affairs, news, literary works, history, politics, music, sports, photography and entertainment; entertainment services, namely, providing non-downloadable digital collectibles, represented by NFTs via a blockchain network, featuring interactive media, images, videos, audio, three-dimensional art, digital art, photography, music, data, statistics, graphics, or visual effects; entertainment services, namely providing virtual experiences; production, distribution, display and storage of digital collectibles in the nature of interactive media, video, photography, music, statistics, data, graphics, visual effects, or electronic publications, represented by NFTs via a blockchain network; entertainment services, namely, providing online virtual environments for exhibiting and viewing digital assets, digital collectibles, NFTs and other application tokens; online interactive entertainment; use of digital assets, digital collectibles, NFTs and other application tokens in contests, games and challenges and undertaking activities in virtual worlds; production of performance events; entertainment in the nature of live performances; games and gaming services; providing online electronic game software and video game software; providing entertainment news; information and advice relating to all of the aforesaid services.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018705804, filed 05/18/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  NFT minting services; minting, creating, storing, and providing authentication services for digital assets, digital collectibles, NFTs and other application tokens; online registry services, namely, maintaining and recording the ownership of digital assets, digital collectibles, NFTs and other application tokens; computer services, namely, creation of digital works and collectibles, represented by NFTs in the nature of digital art, collectibles, media products, or digital assets; design and development of virtual reality software; non-downloadable cryptocurrency wallets; non-downloadable cloud software for use in electronically trading, storing, sending, receiving, buying, selling, accessing, accepting and transmitting digital assets, digital collectibles, NFTs and other application tokens; non-downloadable software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital currencies, virtual currencies, and cryptocurrencies; non-downloadable cloud software for viewing digital assets, digital collectibles, NFTs and other application tokens; non-downloadable cloud software for processing transactions related to digital assets, digital collectibles, NFTs and other application tokens; non-downloadable cloud software for providing access to digital assets, digital collectibles, NFTs and other application tokens; non-downloadable cloud software for downloading software, data, and image files; non-downloadable cloud software for managing digital assets, NFTs and digital and virtual currencies; non-downloadable cloud software for use as digital wallets; software as a service (SaaS) services featuring software for use in electronically trading, storing, sending, receiving, buying, selling, accessing, accepting and transmitting digital assets, digital collectibles, NFTs and other application tokens; software as a service (SaaS) services featuring software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital currencies, virtual currencies, and cryptocurrencies; software as a service (SaaS) services featuring software for viewing digital assets, digital collectibles, NFTs and other application tokens; software as a service (SaaS) services featuring software for processing transactions related to digital assets, digital collectibles, NFTs and other application tokens; software as a service (SaaS) services featuring software for providing access to digital assets, digital collectibles, NFTs and other application tokens; software as a service (SaaS) services featuring software for downloading software, data, and image files; software as a service (SaaS) services featuring software for managing digital assets, NFTs and digital and virtual currencies; platform as a service (PaaS) services featuring software for use in electronically trading, storing, sending, receiving, buying, selling, accessing, accepting and transmitting digital assets, digital collectibles, NFTs and other application tokens; platform as a service (PaaS) services featuring software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital currencies, virtual currencies, and cryptocurrencies; platform as a service (PaaS) services featuring software for viewing digital assets, digital collectibles, NFTs and other application tokens; platform as a service (PaaS) services featuring software for processing transactions related to digital assets, digital collectibles, NFTs and other application tokens; platform as a service (PaaS) services featuring software for providing access to digital assets, digital collectibles, NFTs and other application tokens; platform as a service (PaaS) services featuring software for downloading software, data, and image files; platform as a service (PaaS) services featuring software for managing digital assets, NFTs and digital and virtual currencies; providing websites featuring online marketplaces for NFTs and for digital goods authenticated by NFTs; creation of online retail stores for others in the nature of web-based services that allow users to create hosted digital asset, digital collectible and blockchain-based NFT stores; application service provider (ASP) services featuring ecommerce software; software as a service (SaaS) services featuring software for payment processing; data mining; data security services, namely, data encryption services; providing on-line non-downloadable computer software for enabling users to electronically create, store, send, receive, accept, exchange, and transmit digital assets and NFTs based on the blockchain technology; computer services, namely, providing technology information in the fields of blockchain, NFTs, digital currencies, crypto currencies and digital assets; design, development, and implementation of software solutions for security of digital currencies, digital assets, NFTs, digital collectibles, digital art, and blockchain and cryptocurrency transactions; providing non-downloadable software for managing digital assets, digital collectibles, NFTs and application tokens; providing websites in the field of creating, minting, viewing, authenticating, buying, selling, listing, auctioning and trading NFTs; providing temporary use of non-downloadable software for minting, viewing, auctioning, authenticating collecting, buying, selling and trading virtual items, digital assets, digital collectibles, digital tokens, NFTs, cryptocurrencies, digital art, and other digital items; development, design, operation, administration, display and storage of digital collectibles, represented by NFTs via blockchain networks; providing temporary use of online non-downloadable software to enable consumers and businesses to manage, use and transfer digital assets, virtual currencies, cryptocurrencies, digital collectibles, NFTs, application tokens, and other ledger technologies; providing temporary use of on-line non-downloadable software for use in accessing, reading, tracking, managing, and using blockchain technology; providing online, non-downloadable computer software for the creation, storage, display, register, purchase, sale, transfer and trade of digital works and digital collectibles represented by NFTs via blockchain networks; non-downloadable computer software featuring digital collectibles, comprising interactive media, images, videos, audio, three-dimensional art, digital art, photography, music, data, statistics, graphics, or visual effects, represented by NFTs via blockchain networks; Platform as a service (PaaS) featuring software platforms for blockchain transactions; platform as a service (PaaS) featuring computer software for creating virtual communities and transmission of information; providing digital collectible services, namely, operating a website and online database for transactions, storage, and registry services using blockchain-based software technology and smart contracts for digital assets, crypto-collectibles, technology; providing temporary use of non-downloadable software for use as a database with blockchain technology; providing temporary use of non-downloadable software for use in the exchange of virtual items; providing a website and non-downloadable computer software for data authentication via blockchain and for purchasing, selling, storing, managing, authenticating, and sharing NFTs, and displaying and storing digital assets and nonfungible tokens; computer services, namely, providing non-downloadable software for mining cryptocurrencies; providing temporary use of non-downloadable software that uses distributed ledger technology for use in connection with online software applications; application service provider (ASP) services, namely, providing, hosting, managing, developing, and maintaining applications, software, websites and databases in the fields of information technology, blockchain, virtual currencies, digital currencies, cryptocurrencies, NFTs, digital collectibles, and digital assets; Platform as a service (PAAS) services featuring computer software platforms for providing design, testing, deployment, and management of blockchain systems; Platform as a service (PAAS) services featuring computer software platforms for the deployment, transfer, and management of fiat money and cryptocurrencies; design, development, and implementation of software for hierarchical deterministic multi-signature (HDM) wallets and third party verification services for blockchain and cryptocurrency transactions; providing a website featuring technology that enables users to engage in cryptocurrency mining and verification services for cryptocurrencies; providing online, non-downloadable virtual goods, namely, online non-downloadable computer programs for the creation and trade of digital assets and digital collectibles; information and advice relating to all of the aforesaid services. NFTs, application tokens, digital content, art, music, videos, and other collectibles; providing temporary use of non-downloadable software for use as an application programming interface (API) for the development, testing and integration of blockchain software applications; providing temporary use of non-downloadable software for facilitating, accessing, managing, monitoring, validating, verifying, transferring assets and information for use with blockchain technology; providing temporary use of non-downloadable software for use as a database with blockchain technology; providing temporary use of non-downloadable software for use in the exchange of virtual items; providing a website and non-downloadable computer software for data authentication via blockchain and for purchasing, selling, storing, managing, authenticating, and sharing NFTs, and displaying and storing digital assets and nonfungible tokens; computer services, namely, providing non-downloadable software for mining cryptocurrencies; providing temporary use of non-downloadable software that uses distributed ledger technology for use in connection with online software applications; application service provider (ASP) services, namely, providing, hosting, managing, developing, and maintaining applications, software, websites and databases in the fields of information technology, blockchain, virtual currencies, digital currencies, cryptocurrencies, NFTs, digital collectibles, and digital assets; Platform as a service (PAAS) services featuring computer software platforms for providing design, testing, deployment, and management of blockchain systems; Platform as a service (PAAS) services featuring computer software platforms for the deployment, transfer, and management of fiat money and cryptocurrencies; design, development, and implementation of software for hierarchical deterministic multi-signature (HDM) wallets and third party verification services for blockchain and cryptocurrency transactions; providing a website featuring technology that enables users to engage in cryptocurrency mining and verification services for cryptocurrencies; providing online, non-downloadable virtual goods, namely, online non-downloadable computer programs for the creation and trade of digital assets and digital collectibles; information and advice relating to all of the aforesaid services.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018705804, filed 05/18/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Anne F. Downey. Other appointed attorneys are Kimberly I. Shimomura, Brian B. Shaw, Rowland Richards. Anne F. Downey of Harter Secrest & Emery 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
      50 Fountain Plaza, Suite 1000
      Buffalo, New York 14202
      United States
      716-844-3768(phone)
      716-853-1617(fax)
      adowney@hselaw.com
The docket/reference number is 104271.35.
Anne F. Downey 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 hereby appoints Anne F. Downey of Harter Secrest & Emery LLP
      50 Fountain Plaza, Suite 1000
      Buffalo New York 14202
      United States
      716-844-3768(phone)
      716-853-1617(fax)
      adowney@hselaw.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Anne F. Downey

PRIMARY EMAIL FOR CORRESPONDENCE: adowney@hselaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@hselaw.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 $2100 has been submitted with the application, representing payment for 6 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: /afd/   Date: 09/07/2022
Signatory's Name: Anne F. Downey
Signatory's Position: Applicant's attorney, licensed in NY
Signatory's Phone Number: 716-844-3768
Signature method: Sent to third party for signature
Payment Sale Number: 97581315
Payment Accounting Date: 09/07/2022

Serial Number: 97581315
Internet Transmission Date: Wed Sep 07 12:45:02 ET 2022
TEAS Stamp: USPTO/BAS-X.XX.XXX.XX-202209071245026953
47-97581315-820b88ce8bcdce005a7f6794b4f8
6d5acfa7895f077d994a9cabcf72941f89b5-DA-
45023230-20220907112911708070