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: 97729406

Filing Date: 12/22/2022

To the Commissioner for Trademarks:

MARK: SWATCH (Standard Characters, see mark)
The literal element of the mark consists of SWATCH. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Swatch AG (Swatch SA) (Swatch Ltd.), a corporation of Switzerland, having an address of
      Nicolas G. Hayek Strasse, 1
      Biel/Bienne 2502
      Switzerland
      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 virtual goods, namely, computer programs featuring eyewear, clothing, headwear, bags, umbrellas, wallets, belts, perfumes, pens, personal organizers, jewellery, cufflinks, keyrings, chronometers, chronographs, clocks, watches, alarm clocks, watch cases, watch straps, watch boxes, watch movements, apparatus for timing sporting events, works of art and their accessories for use online and in online virtual worlds; downloadable digital files authenticated by non-fungible tokens (NFTs); security tokens, encryption devices

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 Switzerland application number 08822/2022, filed 07/01/2022.
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.

Based on Foreign Registration: 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 submits a copy of Switzerland registration number 786260, and/or proof of renewal, registered 09/06/2022 with a renewal date of __________ and an expiration date of 07/01/2032, and translation thereof, if appropriate.

Original PDF file:
reg-430215246-180011175_. _SWATCH__HR_.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Original PDF file:
reg-430215246-180011175_. _SWATCH__HR_TRANS_.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 035:  Retail store services for software capable of virtually reproducing goods, namely, eyewear, clothing, headwear, bags, umbrellas, wallets, belts, perfumes, pens, personal organizers, jewellery, cufflinks, keyrings, chronometers, chronographs, clocks, watches, alarm clocks, watch cases, watch straps, watch boxes, watch movements, apparatus for timing sporting events, works of art and their accessories for use online; retail and online retail services in a virtual environment featuring downloadable digital files authenticated by non-fungible tokens (NFTs); marketing through product placement in online games or in virtual environments

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 Switzerland application number 08822/2022, filed 07/01/2022.
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.

Based on Foreign Registration: 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 submits a copy of Switzerland registration number 786260, and/or proof of renewal, registered 09/06/2022 with a renewal date of __________ and an expiration date of 07/01/2032, and translation thereof, if appropriate.

Original PDF file:
reg-1-430215246-180011175 _._SWATCH__HR_.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Original PDF file:
reg-1-430215246-180011175 _._SWATCH__HR_TRANS_.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 041:  Entertainment by means of software capable of virtually reproducing goods for use in virtual environments, namely, eyewear, clothing, headwear, bags, umbrellas, wallets, belts, perfumes, pens, personal organizers, jewellery, cufflinks, keyrings, chronometers, chronographs, clocks, watches, alarm clocks, watch cases, watch straps, watch boxes, watch movements, apparatus for timing sporting events, works of art and their accessories

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 Switzerland application number 08822/2022, filed 07/01/2022.
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.

Based on Foreign Registration: 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 submits a copy of Switzerland registration number 786260, and/or proof of renewal, registered 09/06/2022 with a renewal date of __________ and an expiration date of 07/01/2032, and translation thereof, if appropriate.

Original PDF file:
reg-2-430215246-180011175 _._SWATCH__HR_.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Original PDF file:
reg-2-430215246-180011175 _._SWATCH__HR_TRANS_.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.



The owner's/holder's proposed attorney information: Julianne Abelman. Other appointed attorneys are Peter B. Bromaghim, Carla H. Clements, Lori B. Cohen, Anthony A. Coppola, Melissa G. Ferrario, Anne C. Fleeson, William S. Fultz, Michael E. Hall, Erica R. Halstead, Nicholas B. Hawkins, Jack B. Hicks, Sarah Anne Keefe, Laura A. Kees, Marie Anne Mastrovito, Kelli A. Ovies, Randel S. Springer, Michael A. Tobin and Jeffrey S. Whittle. Julianne Abelman of Womble Bond Dickinson (US) 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
      Suite 2400, 24th Floor
      950 Third Avenue
      New York, New York 10022
      United States
      332-258-8400(phone)
      332-258-9949(fax)
      TMDOCKETING@WBD-US.COM
The docket/reference number is 115900.
Julianne Abelman 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 Julianne Abelman of Womble Bond Dickinson (US) LLP
      950 Third Avenue
      Suite 2400, 24th Floor
      New York New York 10022
      United States
      332-258-8400(phone)
      332-258-9949(fax)
      TMDOCKETING@WBD-US.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:

Julianne Abelman

PRIMARY EMAIL FOR CORRESPONDENCE: TMDOCKETING@WBD-US.COM        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): DOCKETINGNYC@WBD-US.COM; Julianne.Abelman@wbd-us.com; Catherine.Basile@wbd-us.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 $1050 has been submitted with the application, representing payment for 3 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: /JA/   Date: 12/22/2022
Signatory's Name: Abelman, Julianne
Signatory's Position: Attorney of record, New York Bar member No. 2197036 -1988
Signatory's Phone Number: 332-258-8400 x8410
Signature method: Sent to third party for signature
Payment Sale Number: 97729406
Payment Accounting Date: 12/22/2022

Serial Number: 97729406
Internet Transmission Date: Thu Dec 22 18:22:07 ET 2022
TEAS Stamp: USPTO/BAS-X.XX.XXX.XXX-20221222182207843
291-97729406-8508960661d419323126ff791af
5dfa87b0b62331811aab138065ffc5e08122c1e7
-DA-22073266-20221222180011175751