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

---

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: 98115802

Filing Date: 08/03/2023

To the Commissioner for Trademarks:

MARK: DAYWORLD (Standard Characters, see mark)
The literal element of the mark consists of DAYWORLD. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Mytona Fntastic Limited, a limited company (ltd.) legally organized under the laws of New Zealand, having an address of
      Level 5, 129 Hurstmere Road
      Takapuna, Auckland 0622
      New Zealand
      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; computer game software downloadable from a global computer network; downloadable computer game software for use on mobile devices; recorded electronic game programs; downloadable electronic game programs; downloadable video game programs; downloadable computer game software for use on mobile and cellular phones; recorded computer game software; downloadable software for metaverses, virtual worlds and virtual reality; virtual reality software; virtual reality game software; downloadable virtual goods in the nature of virtual currency, money and tokens, and digital images of avatars, jewelry, gems, clothing and accessories, pets, buildings and furniture, vehicles, weapons, artwork and food, for use in virtual worlds; downloadable virtual goods, namely, computer software programs featuring in-game resources, tokens and virtual currency for use in video games and online virtual worlds; downloadable software featuring virtual currency, namely, computer programs featuring in-game tokens and currency for use in online web and mobile video games; downloadable computer software for live digital communications, namely, live video and audio conferencing with multiple simultaneous users, teleconferencing, network conferencing, web conferencing, text messaging, instant messaging, and videotexting.
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 New Zealand application number 1243562, filed 08/03/2023.
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 041:  Providing on-line computer games; providing online non-downloadable games; providing online non-downloadable game software; electronic games services provided by means of the internet; providing temporary use of non-downloadable interactive games; provision of temporary use of non-downloadable games by means of a computer based system; organization of electronic game competitions; organization of electronic game competitions for entertainment purposes; gaming services in the nature of conducting online computer game tournaments; providing information in the field of computer games; entertainment services, namely, providing temporary use of non-downloadable video games; entertainment services, namely, providing online electronic games; providing information in the field of entertainment; providing on-line videos featuring video games, not downloadable; providing on-line computer games; providing entertainment information all relating to video games and computer games; providing online news, information and game strategies all related to electronic, computer and video games; entertainment services, namely, providing images and sounds in the forms of electronic games, related screen shots, photographs and music via global computer network and telecommunications network; entertainment services, namely, providing non-downloadable electronic games via communication by computer and video game machines; entertainment services, namely, providing non-downloadable games via telecommunication networks, namely, global computer networks; entertainment services, namely, providing online electronic, computer and video games; providing non-downloadable interactive multiplayer computer and video games that may be accessed and played over computer networks and global communications networks; entertainment services, namely, providing non-downloadable video games, electronic games, and computer games that can be accessed and played over computer networks; training services in the field of computer games; entertainment services, namely, recommending and matching individual users with computer games; providing non-downloadable online electronic publications, namely, online journals and interactive online blogs featuring user generated or specified content in the field of video games and online non-downloadable publications in the nature of e-books in the field of video games; providing online virtual reality game services in online metaverses and virtual worlds from a computer network; providing online virtual reality game services featuring online metaverses and virtual worlds, from a computer network; entertainment services, namely, providing online, non-downloadable virtual goods for use in virtual environments created for entertainment purposes.
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 New Zealand application number 1243562, filed 08/03/2023.
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: Robert B. Burlingame. Robert B. Burlingame of Amplitude IP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Calendar/Docketing Department
      182 Howard Street, #2
      San Francisco, California 94105
      United States
      925-230-8814(phone)
      sftrademarks@amplitudeip.com
The docket/reference number is 083947-04595.
Robert B. Burlingame 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:

Robert B. Burlingame

PRIMARY EMAIL FOR CORRESPONDENCE: sftrademarks@amplitudeip.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 $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: /Robert B. Burlingame/   Date: 08/03/2023
Signatory's Name: Robert B. Burlingame
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 925-230-8814
Signature method: Signed directly within the form
Payment Sale Number: 98115802
Payment Accounting Date: 08/03/2023

Serial Number: 98115802
Internet Transmission Date: Thu Aug 03 15:59:20 ET 2023
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20230803155921863518-98115802-
8603a426faf1db1ddd3a882e98aeb189187bb921
ee28ab28cfd3fa6abff9323df-CC-59209728-20
230803155437715991