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.

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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: 97615039

Filing Date: 09/30/2022

To the Commissioner for Trademarks:

MARK: NEO VEGAS (stylized and/or with design, see mark)
The literal element of the mark consists of NEO VEGAS. The color(s) gold and black is/are claimed as a feature of the mark. The mark consists of the word "NEO" in gold with the letter "O" presented as a series of overlapping concentric circles in gold above the word "VEGAS" in gold against a black background.
The applicant, Rational Intellectual Holdings Limited, a limited company (ltd.) legally organized under the laws of Isle of Man, having an address of
      Douglas Bay Complex
      King Edward Road
      Onchan IM31DZ
      Isle of Man
      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 in the nature of a mobile application; downloadable software for social networking and creating and interacting with online communities; downloadable software for creating, managing and accessing groups within virtual communities; software development tools; downloadable software to enable development, assessment, testing, and maintenance of mobile software applications for portable electronic communication devices; downloadable software for use as an application programming interface (api); downloadable software for organizing events, searching for events, calendaring and managing events; downloadable software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, interacting with, embedding, and sharing or otherwise providing electronic media, images, video, audio, audio-visual content, data, and information via the internet and communication networks; downloadable computer software for finding content and content publishers, and for subscribing to content; downloadable software for creating and managing social media profiles and user accounts; interactive photo and video equipment, namely, kiosks for capturing, uploading, editing, printing and sharing digital images and video; downloadable software for streaming multimedia entertainment content, audio-visual content, video content, and associated text and data; downloadable software for enabling transmission of images, audio, audio visual and video content and data; downloadable software for modifying photographs, images and audio, video, and audio-visual content; downloadable software for use in taking and editing photographs and recording and editing videos; downloadable software for processing images, graphics, audio, video, and text; downloadable software for collecting, managing, organizing, synchronizing, and the storage of data and information; downloadable e-commerce software to allow users to perform electronic business transactions via a global computer and communication networks; downloadable software and mobile application software providing a virtual marketplace; downloadable software for sending and receiving electronic messages, alerts, notifications and reminders; downloadable software for file sharing; downloadable messaging software; computer search engine software; downloadable software that enables individuals, groups, companies, and brands to create and maintain an online presence and interact with online communities for marketing purposes; downloadable virtual reality software; downloadable augmented reality software; downloadable mixed reality software; virtual reality software for interactive entertainment and virtual reality gaming; augmented reality software for interactive entertainment and augmented reality gaming; downloadable software for integrating electronic data with real world environments for the purposes of entertainment, education, gaming, communicating, and social networking; downloadable software for use in enabling computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile telephones to provide virtual reality and augmented reality experiences; downloadable software for operating, configuring, and managing virtual reality headsets and controllers; downloadable software for gesture recognition, object tracking, motion control, and content visualization; software, firmware and hardware for use in visual, voice, audio, motion, eye and gesture tracking and recognition; downloadable software for navigating a virtual reality and augmented reality environments; downloadable software for enabling users to experience virtual reality and augmented reality visualization, manipulation, and immersion; downloadable software for recording, storing, transmitting, receiving, displaying and analyzing data from wearable computer hardware; downloadable software for use in creating and designing virtual reality and augmented reality software; application programming interface (api) for computer software for developing virtual reality and augmented reality experiences; virtual reality game computer hardware; augmented reality game computer hardware; mixed reality game computer hardware; virtual reality computer hardware; augmented reality computer hardware; motion tracking sensors for virtual reality and augmented reality technology; virtual reality hardware, namely, headsets, glasses, and controllers for engaging in virtual reality experiences and playing virtual reality games; augmented reality hardware, namely, headsets, glasses, and controllers for engaging in augmented reality experiences and playing augmented reality games; wearable computing devices comprised primarily of software and display screens for connection to computers, tablet computers, mobile devices, and mobile phones in order to enable virtual reality and augmented reality world experiences; hardware and software for operating sensor devices; electronic sensor devices, cameras, projectors, and microphones for gesture, facial, and voice detection, capture and recognition; hardware and software for detecting objects, user gestures and commands; downloadable electronic game software in the nature of video games, computer games, interactive multimedia games, and virtual, augmented, and mixed reality games; computer software for controlling the operation of audio and video devices; video display software; downloadable software for accessing and viewing text, images and electronic data relating to conferences in the field of software development; downloadable software for converting natural language into machine-executable commands; downloadable software for facilitating interaction and communication between humans and ai (artificial intelligence) platforms; application programming interface (api) for use in developing ai (artificial intelligence) platforms, namely, bots, virtual agents and virtual assistants; downloadable software, namely, an interpretive interface for facilitating interaction between humans and machines; artificial intelligence software, namely, machine learning software, visual perception software, speech or language recognition software, decision-making software, translation software, touch recognition software, conversational query software, software for converting natural language into machine-executable commands, and digital assistant software; downloadable virtual assistant software that can perform tasks or services on behalf of a user that is activated by user input, location awareness, and online information; downloadable software for providing consumer information; downloadable software for providing electronic maps; location-aware downloadable software for searching, determining, and sharing locations; downloadable software for searching and identifying employment opportunities; downloadable software for identifying and allowing users to contact government representatives; downloadable software providing location-based weather information; downloadable software providing, linking to, or streaming news or current events information; computer software; computer operating systems; downloadable software for enabling electronic devices to share data and communicate with each other; computer peripheral devices; wearable peripherals for computers, tablet computers, mobile devices and mobile telephones; digital media streaming devices; headsets and headphones; video display hardware, namely, video drivers for video eyewear; cameras; power charging and power management devices for mobile electronic devices; remote controls for mobile; microphones; sim cards; downloadable software for use in customer relationship management (crm); downloadable software for use in facilitating voice over internet protocol (voip) calls, phone calls, video calls, text messages, instant message and online social networking services; telecommunications equipment for providing third party access to, and enabling the transmission of video, data and voice over, global communications networks, namely, mobile and access computer and mobile telephone terminals, base transceiver stations and wireless radio parts thereof, data transceivers, data repeaters, routers and switches, transmission circuits, integrated circuits, computer hardware, mobile cloud clients and servers, multiplexers, digital signal processors, radio frequency signal processors, mobile switching circuits, air traffic electrical controllers, mobility electrical controllers, access electrical controllers, remote port electrical controllers, radio ports, antennas, electronic radio components, software for telecommunications applications, and mobile core networks comprising data transceivers, wireless networks and gateways for collection, transmission and management of data, voice and video; communication software and communication computer hardware for providing access to the internet; telecommunications equipment; downloadable software to allow users to perform e-commerce transactions via the internet and communications networks; downloadable computer software for processing electronic payments; downloadable software for building user interfaces; downloadable software, for personalized, interactive television (tv) programming and for use in displaying and manipulating visual media, graphic images, text, photographs, illustrations, digital animation, video clips, film footage and audio data; telecommunications apparatus and instruments, namely, speakers and microphones sold as component features of computers, mobile and wearable digital electronic devices for the sending and receiving of telephone calls, text messages, electronic mail, and other digital data, and for use in providing access to the internet; wearable computer hardware; downloadable software for accessing, monitoring, searching, displaying, reading, recommending, sharing, organizing, and annotating news, sports, weather, commentary, and other information, content from periodicals, blogs, and websites, and other text, data, graphics, images, audio, video, and multimedia content; blockchain; blockchain software; downloadable software for use with digital currency, crypto currency and virtual currency; digital currency wallet and storage services software; downloadable software for managing and validating digital currency, virtual currency, cryptocurrency, digital asset, blockchain asset, digitized asset, digital token, crypto token; augmented reality glasses; augmented reality headsets; augmented reality software; augmented reality software for interactive entertainment; augmented reality software for navigating an augmented reality environment; augmented reality software for object tracking, motion control and content visualization; augmented reality software for operating augmented reality headsets; augmented reality software for users to experience augmented reality visualization, manipulation and immersion; cables, namely, electronic cables and connection cables; cases, straps, wrist and arm bands for electronic monitoring devices; computer application software for smartphones and mobile devices in the fields of fitness and exercise featuring personal training services, coaching, workouts and fitness assessments; computer application software for use in connection with configuring and controlling wearable computer hardware and wearable computer peripherals; computer hardware for displaying data and video; computer hardware for use in measuring heart rhythm; computer hardware for use in taking electrocardiograms; computer operating system software; computer software development tools; computer software for accessing, browsing and searching online databases; computer software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via computer the internet and communication networks; computer software for creating, managing, and interacting with an online; virtual reality glasses; virtual reality headsets; virtual reality software; virtual reality software for interactive entertainment; virtual reality software for navigating a virtual reality environment; virtual reality software for object tracking, motion control and content visualization; virtual reality software for operating virtual reality headsets; virtual reality software for users to experience virtual reality visualization, manipulation and immersion; virtual, augmented, and mixed reality software for use in enabling computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile telephones to provide virtual, augmented, and mixed reality experiences; watches, bracelets, and wrist bands that communicate data to personal digital assistants, smart phones, and personal computers through internet websites and other computer and electronic communication networks;

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 United Kingdom application number UK00003772454, filed 03/31/2022.
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 028:  electronic and interactive multimedia game consoles; video game interactive remote control units; game controllers for computer games; hand-held units for playing electronic, computer, interactive, and video games; gaming devices, mobile gaming devices, namely, gaming machines with or without video output for playing computer games and video games; computer game consoles for use with an external display screen or monitor; apparatus for electronic games other than those adapted for use with an external display screen or monitor; apparatus for electronic games adapted for use with an external display screen or monitor; bags specially adapted for handheld video games and video game consoles; computer and video game joysticks; computer gaming consoles for recreational game playing; fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, video game consoles and hand-held video game units; game controllers in the nature of keyboards for computer games; games adapted for use with television receivers; hand held joy stick units for playing video games; handheld game consoles; hand-held electronic games adapted for use with television receivers only; hand-held games with liquid crystal displays; hand-held units for playing electronic games for use with external display screen or monitor; home video game machines; lcd game machines; player-operated electronic controllers for electronic video game machines; protective carrying cases specially adapted for handheld video games and video game consoles; standalone video game machine; stands for electronic game playing apparatus, namely, video game consoles and hand-held video game units; tabletop units for playing electronic games other than in conjunction with a television or computer; video game interactive hand held remote controls for playing electronic games; controllers for game consoles; arcade video game machines; video game consoles; games and playthings; equipment for sports and games;

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 United Kingdom application number UK00003772454, filed 03/31/2022.
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: Michelle Mancino Marsh. Michelle Mancino Marsh of ArentFox Schiff LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Floor 42
      1301 Avenue of the Americas
      New York, New York 10019
      United States
      212-484-3900(phone)
      212-484-3990(fax)
      tmdocket@afslaw.com
The docket/reference number is 037611.00186.
Michelle Mancino Marsh 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:

Michelle Mancino Marsh

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@afslaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): andrew.schmidt@arentfox.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 $700 has been submitted with the application, representing payment for 2 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: /Michelle Mancino Marsh/   Date: 09/30/2022
Signatory's Name: Michelle Mancino Marsh
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 212-484-3900
Signature method: Sent to third party for signature
Payment Sale Number: 97615039
Payment Accounting Date: 09/30/2022

Serial Number: 97615039
Internet Transmission Date: Fri Sep 30 15:52:15 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022093015521704
5107-97615039-820a7e16bf5c9e2af7a2d75d6d
55a9638b6373b61bde8d1a7dca7b8f96e3afae7-
CC-52151520-20220930134944690245