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: 97088390

Filing Date: 10/22/2021

To the Commissioner for Trademarks:

MARK: BOARDWALK (Standard Characters, see mark)
The literal element of the mark consists of BOARDWALK. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Niantic, Inc., a corporation of Delaware, having an address of
      1 Ferry Building, Suite 200
      San Francisco, California 94111
      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 009:  Downloadable game software; downloadable game software for use on mobile devices; downloadable video game software; downloadable interactive game software; downloadable augmented reality game software; downloadable computer software for social networking; downloadable software for sending messages and chatting; downloadable software for socially interacting and connecting with other users; downloadable software for use in the management and implementation of digital currency, virtual currency, cryptocurrency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility token transactions; downloadable software for managing cryptocurrency transactions using blockchain technology; downloadable virtual goods, namely, computer programs featuring digital collectible emblems, trophies, badges, certificates, and cards, character clothing and character skins, wallpapers, artwork, and in-game currency for use in online virtual worlds; downloadable computer software for the collection, editing, organizing, modifying, book marking, transmission, storage, and sharing of data and information; downloadable computer software for creating and managing a personal profile that can be linked to other software applications; downloadable augmented reality software for integrating electronic data with real world environments for the purpose of mapping points of interest, communicating with other persons, and deep-linking, locating, and collecting virtual assets
Intent to Use: 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.

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 Jamaica application number 084387, filed 09/22/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 035:  Provision of an online marketplace for buyers and sellers of goods and services
Intent to Use: 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.

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 Jamaica application number 084387, filed 09/22/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 038:  Providing chatroom services for social networking; electronic message transmission; streaming of video, audio, and audiovisual material on the Internet; streaming of data
Intent to Use: 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.

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 Jamaica application number 084387, filed 09/22/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 041:  Providing online computer games; providing online video games; providing online non-downloadable game software; providing online non-downloadable video game software; providing online non-downloadable interactive game software; providing online non-downloadable augmented reality game software; providing online non-downloadable videos in the field of video games, social networking, geolocation, live events, augmented reality, and virtual assets; entertainment services, namely, providing an online virtual environment for locating, collecting, and trading virtual assets
Intent to Use: 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.

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 Jamaica application number 084387, filed 09/22/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 045:  Online social networking services; online social networking services accessible by means of downloadable mobile applications
Intent to Use: 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.

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 Jamaica application number 084387, filed 09/22/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.




The owner's/holder's proposed attorney information: Lisa Greenwald-Swire. Other appointed attorneys are Keith A. Barritt, Vivian Cheng, Jonathan Jekel, Nancy Ly, Kristen McCallion, John P. McCormick, P. Weston Musselman, Jr., Debra S. Serota, Catherine H. Stockell, Jerre B. Swann, Jr., Ryan Thomas, Kerrijane John, Sarah Kelleher, Annie Hartnett, Charles Bahlert, Jenifer deWolf Paine, Ryan Steinman, Keton Hansrajh, Amanda Kusnierz, and Cynthia Johnson Walden. Lisa Greenwald-Swire of Fish & Richardson P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 1022
      Minneapolis, Minnesota 55440-1022
      United States
      612-335-5070(phone)
      877-769-7945(fax)
      tmdoctc@fr.com
The docket/reference number is 516120012001.
Lisa Greenwald-Swire 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:

Lisa Greenwald-Swire

PRIMARY EMAIL FOR CORRESPONDENCE: tmdoctc@fr.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): paine@fr.com; hansrajh@fr.com; webber@fr.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 $1750 has been submitted with the application, representing payment for 5 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: /Courtney Greene Power/   Date: 10/22/2021
Signatory's Name: Courtney Greene Power
Signatory's Position: General Counsel
Signatory's Phone Number: 16503874301
Signature method: Sent to third party for signature
Payment Sale Number: 97088390
Payment Accounting Date: 10/22/2021

Serial Number: 97088390
Internet Transmission Date: Fri Oct 22 15:27:23 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202110221527230
62348-97088390-7814bb884acc69ce1faca5b2e
2734fcac432d7d4a7b2ce22fd158236d120b80-D
A-27223808-20211019123443117055