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: 98135462

Filing Date: 08/16/2023

To the Commissioner for Trademarks:

MARK: WORLD OF WINX (stylized and/or with design, see mark)
The literal element of the mark consists of WORLD OF WINX. The mark consists of the wording "WORLD OF WINX" written in special letters on three lines, against the background of a starred sky enclosed in an elliptical orbit.
The applicant, RAINBOW S.P.A., a limited liability company legally organized under the laws of Italy, having an address of
      Via Brecce snc
      LORETO (AN) I-60025
      Italy
      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 041:  Entertainment in the nature of air shows, dance performances, fashion shows, gymnastic performances, magic shows, live visual and audio performances by actors and musicians, and live musical, variety, news and comedy shows; movie showing; production and distribution of movies, radio programs and television shows; rental of motion pictures and sound recordings; animation production services; presentation of live show performances; displaying a series of cinematographic films; presentation of live musical recitals; entertainment services, namely, production of television entertainment in the nature of live-action, comedy, drama, and animated television programmes; rental of videotapes; publishing of electronic publications; entertainment services in the nature of creation, development, and production of television programming; providing information and articles in the field of film, filmmaking, and entertainment via a global computer network; provision of non-downloadable films and movies via a video-on-demand service; electronic games services provided by means of the internet; multimedia publishing of books, magazines and electronic publications in the fields of cinema, music and video games; providing on-line entertainment information regarding games, music and films; booking of entertainment halls; providing amusement and recreation facilities; children's entertainment, namely, live clown shows; holiday camp services; amusement park and theme park services; amusement arcade services; zoological garden services; entertainment in the nature of a water park and amusement center; entertainment services in the nature of an amusement park show; organizing cultural and arts events; organization of sports competitions; ticket agency services for entertainment and sporting events; entertainment event booking agencies; booking of seats for shows and booking of theatre tickets; entertainment information; information relating to entertainment provided on-line from a computer database or the internet; rental of amusement machines and apparatus; organizing conferences, congresses, and symposia in the fields of education, culture, sports and entertainment for non-business and non-commercial purposes; arranging of contests; entertainment and educational services in the nature of competitions in the field of entertainment, education, culture, sports, and other non-business and non-commercial fields; theater productions; providing information relating to organizing community sporting and cultural activities; providing recreation facilities; teaching in the field of music; training services in the field of animals, business and information technology; personal fitness training services; conducting workshops and seminars in the field of cartoons, production of cartoons, creating cartoons and shows; physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; providing training in the field of nutrition; publication of books, magazines, almanacs and journals; providing on-line publications in the nature of e-books, news articles, magazines in the field of cartoon, magic, music, fairy tales

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 00/00/2016, and first used in commerce at least as early as 00/00/2016, 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) Screen captures of Netflix page promoting services of provision of non-downloadable films and movies via a video-on-demand service; both specimens are from the same URL, being the page itself and within the World of Winx trailer video clip.
Specimen File1
Specimen File2
Webpage URL: http://www.netflix.com/title/80007778
Webpage Date of Access: 08/16/2023



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5455709, 3258932, 3104548, and others.


The owner's/holder's proposed attorney information: Nicholas D. Wells. Other appointed attorneys are Stephen H. Bean. Nicholas D. Wells of Legends Law Group, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      330 Main St.
      Kaysville, Utah 84037
      United States
      801-337-4500(phone)
      nwells@legendslaw.com
The docket/reference number is 4651.846.
Nicholas D. Wells 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:

Nicholas D. Wells

PRIMARY EMAIL FOR CORRESPONDENCE: nwells@legendslaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@legendslaw.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 $350 has been submitted with the application, representing payment for 1 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: /Nicholas Wells/   Date: 08/16/2023
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, Utah Bar member
Signatory's Phone Number: 801-337-4500
Signature method: Signed directly within the form
Payment Sale Number: 98135462
Payment Accounting Date: 08/16/2023

Serial Number: 98135462
Internet Transmission Date: Wed Aug 16 14:07:25 ET 2023
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
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