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: 97611770

Filing Date: 09/28/2022

To the Commissioner for Trademarks:

MARK: TIDAL (Standard Characters, see mark)
The literal element of the mark consists of TIDAL. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Toroso Investments, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      SUITE 2
      898 N BROADWAY
      MASSAPEQUA, New York 11758
      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 036:  Investment advisory and sub-advisory services related to exchange-traded funds and mutual funds, exchange-traded fund and mutual fund analysis services, exchange-traded fund and mutual fund investment services, exchange-traded fund and mutual fund development services, exchange-traded fund and mutual fund planning services, exchange-traded fund and mutual fund distribution, exchange-traded fund and mutual fund capital investment, exchange-traded fund and mutual fund sales and marketing support services, establishing exchange-traded funds and mutual funds for others, providing consulting services, namely consulting for advisory services and in connection with registering, administering, and distributing exchange-traded funds and mutual funds and complying with applicable laws; sponsoring exchange-traded funds and mutual funds, and investment advisory services to high net worth individuals, family offices, and institutions.

In International Class 036, 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 09/01/2016, and first used in commerce at least as early as 09/30/2016, 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 of webpage showing use of the TIDAL mark in connection with exchange-traded funds.

Original PDF file:
SPE0-26018486015570f152fd c0929f82ba-20220922133859 948329_._Tidal_ETF_Servic es.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Webpage URL: http://www.tidaletfservices.com/
Webpage Date of Access: 09/22/2022



For informational purposes only, applicant's website address is: torosoinv.com

The owner's/holder's proposed attorney information: Scott E. Scioli. Scott E. Scioli of Pinnacle IP Strategies, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      P.O. Box 2498
      Cinnaminson, New Jersey 08077
      United States
      920-474-6622(phone)
      uspto@pinnacleiplaw.com
The docket/reference number is TOR-011.
Scott E. Scioli 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 E. Scioli

PRIMARY EMAIL FOR CORRESPONDENCE: uspto@pinnacleiplaw.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 E Scioli/   Date: 09/28/2022
Signatory's Name: Scott E. Scioli
Signatory's Position: Attorney of record, Pennsylvania Bar member
Signatory's Phone Number: 920-474-6622
Signature method: Signed directly within the form
Payment Sale Number: 97611770
Payment Accounting Date: 09/28/2022

Serial Number: 97611770
Internet Transmission Date: Wed Sep 28 22:08:00 ET 2022
TEAS Stamp: USPTO/BAS-XXXX:XX:XXXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20220928220801878908-97611770-82
02ed1a7e5c93e4e4be464780c9d3587d3a8bfcd1
88b91337bb47d2aee9ef41eb-CC-08002029-202
20928210907978483