TEAS Plus New 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

TEAS Plus Application

Serial Number: 97772810

Filing Date: 01/30/2023

To the Commissioner for Trademarks:

MARK: Hero (Standard Characters, see mark)
The literal element of the mark consists of Hero. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, MagicX Inc., a corporation of Delaware, having an address of
      1209 N Orange Street
      Wilmington, Delaware 19801
      United States
      XXXX
MagicX Inc., having a domicile address of:

      XXXX
      XXXX, XXXX XXXX
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Computer hardware for telecommunications; Downloadable augmented reality software for locating vehicles, buildings, users, creating maps; Downloadable computer operating system software; Downloadable computer programs for editing images, sound, and video; Downloadable computer search engine software; Downloadable computer software for creating searchable databases of information and data; Downloadable computer software for the collection, editing, organizing, modifying, book marking, transmission, storage, and sharing of data and information; Downloadable computer software for use in database management; Downloadable computer software for wireless content delivery; Downloadable computer software for providing consumer resources for searching, locating, rating, evaluating and providing directions for the purchase, consumption and use of a wide range of consumer products, services and information over a global communications network and using any connected access mode in any format, namely, mobile communication devices, desktop computers, internet, email, voice or social media channels; Downloadable mobile applications for managing tasks, calendars, to-do's, lists, and contacts; Downloadable mobile applications for the uploading, posting, displaying, tagging, blogging, sharing or providing of electronic media or information over communications networks or the Internet, for the transmission of text messages, multimedia messages, electronic mails; Intelligent personal assistant devices comprised of voice-activated speakers, computer hardware, and recorded software for simulating conversations with users, assisting users by answering questions and processing simple tasks; Personal digital assistants

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/19/2022, and first used in commerce at least as early as 09/19/2022, 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 of applicant's product available for consumers online.

Original PDF file:
SPE0-72133115254-20230127 183320511650_._560514277_ 009_S1.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://www.theheroapp.co
Webpage Date of Access: 01/25/2023

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035:  Compilation and systemization of information into computer databases; Marketing, advertising, and promoting the retail goods and services of others through wireless electronic devices; Online matching services for connecting social network users with retailers for the purpose of facilitating discounted purchases; Providing information pertaining to procurement, buying, selling and tendering information and opportunities relating to goods, services, and construction via computer, computer networks, telephone, the internet or electronic mail; Providing office functions; Providing on-line trade directory services; Public opinion polling

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/19/2022, and first used in commerce at least as early as 09/19/2022, 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 of applicant's mark promoting the services claimed.

Original PDF file:
SPE0-72133115254-20230127 183320511650_._560514277_ 000_S2.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Webpage URL: http://www.theheroapp.co
Webpage Date of Access: 01/25/2023

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 042:  Application service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; Computer services, namely, cloud hosting provider services; Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking services in the field of entertainment, cultural and sporting events, educational topics, business or general interest; Computer services, namely, hosting on-line web facilities for others for organizing and conducting online meetings, gatherings, and interactive discussions; Computer services, namely, providing search engines for obtaining data on a global computer network; Conversion of data or documents from physical to electronic media; Design of online social networking software; Providing a website that gives users the ability to review various print, photographic, graphic image, and audio and video content and utilize a custom template to provide input, likes, dislikes, edits, changes, modifications, opinions, suggestions, and comments and engage in social, business and community networking; Providing customized on-line web pages and data feeds featuring user-defined information, which includes blog posts, new media content, other on-line content, and on-line web links to other websites; Software as a service (SAAS) services featuring software for managing tasks, calendars, to-do's, lists, and contacts

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/19/2022, and first used in commerce at least as early as 09/19/2022, 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 of applicant's mark promoting the services claimed.

Original PDF file:
SPE0-1-72133115254-202301 27183320511650_._56051427 7_000_S2.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Webpage URL: http://www.theheroapp.co
Webpage Date of Access: 01/25/2023

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 045:  Internet-based social introduction services; Internet-based social networking services; Internet based social networking, introduction, and dating services; Online social networking services; Online social networking services provided through a community website; Providing a social networking website for entertainment purposes; Providing on-line computer databases and on-line searchable databases in the field of social networking

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 045, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/19/2022, and first used in commerce at least as early as 09/19/2022, 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 of applicant's mark promoting the services claimed.

Original PDF file:
SPE0-2-72133115254-202301 27183320511650_._56051427 7_000_S2.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Webpage URL: http://www.theheroapp.co
Webpage Date of Access: 01/25/2023



The owner's/holder's proposed attorney information: Jerome W. Boston, Esq.. Other appointed attorneys are Nicholas T. Santucci, Mary Garner, Shirazi Z. Jaleel-Khan, Alec Ross and all other LZ Legal Services, LLC trademark attorneys. Jerome W. Boston, Esq. of LZ Legal Services, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      101 N. Brand Blvd., 11th Floor
      Glendale, California 91203
      United States
      747-286-1805(phone)
      tm@lzlegalservices.com
The docket/reference number is K560514277.
Jerome W. Boston, Esq. 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:

Jerome W. Boston, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: tm@lzlegalservices.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 $1000 has been submitted with the application, representing payment for 4 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: /Bradley Kowalk/   Date: 01/27/2023
Signatory's Name: Bradley Kowalk
Signatory's Position: CEO
Signatory's Phone Number: 4152373730
Signature method: Sent to third party for signature
Payment Sale Number: 97772810
Payment Accounting Date: 01/30/2023

Serial Number: 97772810
Internet Transmission Date: Mon Jan 30 12:58:23 ET 2023
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-202301301258242
12356-97772810-8609889632d1c619348dd495d
ce140745714a3b62b310ee1a3c3f2844b9db-DA-
58232183-20230127183320511650