ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1392912
`10/30/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application serial no.
`
`Applicant
`
`97856293
`
`Ben Bridge Jeweler, Inc.
`
`Notice of Appeal
`
`Notice is given that Ben Bridge Jeweler, Inc. appeals to the Trademark Trial and Appeal Board the refusal to
`register the application or the cancellation of the registration. A request for reconsideration has been filed. A
`suspension of the appeal is requested pending reconsideration.
`
`The following goods or services are at issue on appeal:
`- Class 009. First Use: None First Use In Commerce: None
`All goods and services in the class are appealed, namely: Downloadable virtual goods, namely, download-
`able multimedia files containing artwork, text, audio, and video relating to jewelry, diamonds, precious
`stones, precious metals, gemstones, jewelry cases, clothing, toys, and fashion accessories for use in on-
`line virtual environments and authenticated by non-fungible tokens (NFTs); Downloadable virtual goods,
`namely, computer programs featuring jewelry, diamonds, precious stones, gemstones, clothing, toys, and
`fashion accessories for use in online virtual environments; Downloadable virtual goods, namely, computer
`programs featuring digital collectibles in the nature of image files of jewelry, diamonds, precious stones,
`gemstones, clothing, toys, and fashion accessories for use in online virtual environments and authentic-
`ated by non-fungible tokens (NFTs); Downloadable and recorded computer software using blockchain-
`based software technology and smart contracts for storing digital collectibles
`- Class 014. First Use: May 1995 First Use In Commerce: May 1995
`All goods and services in the class are appealed, namely: Jewelry made in whole or significant part of pre-
`cious metals, gemstones, and semi-precious gemstones featuring gold from Tuscany
`- Class 035. First Use: None First Use In Commerce: None
`All goods and services in the class are appealed, namely: Provision of an online marketplace for buyers
`and sellers of downloadable digital multimedia files featuring artwork, text, audio, and video relating to jew-
`elry, diamonds, precious stones, precious metals, gemstones, jewelry cases, clothing, toys, and fashion
`accessories authenticated by non-fungible tokens (NFTs); Online retail store services rendered in a virtual
`environment featuring virtual goods, namely, jewelry, diamonds, precious stones, precious metals, gem-
`stones, clothing, toys, and fashion accessories; Retail store services and online retail store services fea-
`turing virtual goods, namely, jewelry, diamonds, precious stones, precious metals, gemstones, clothing,
`toys, and fashion accessories for use in online virtual environments; Arranging and conducting special
`events for commercial, promotional or advertising purposes related to virtual goods, namely, digital collect-
`ibles and non-fungible tokens (NFTs); Online retail store services featuring downloadable digital jewelry,
`diamonds, precious stones, precious metals, gemstones, jewelry cases, clothing, toys, and fashion ac-
`cessories authenticated by non-fungible tokens (NFTs) based on blockchain technology
`- Class 041. First Use: None First Use In Commerce: None
`All goods and services in the class are appealed, namely: Entertainment services, namely, providing on-
`line, non-downloadable virtual jewelry, diamonds, precious stones, gemstones, clothing, toys, and fashion
`accessories created for entertainment purposes; Providing online non-downloadable audio and videos re-
`cordings relating to jewelry, precious metals, precious stones, diamonds, gemstones featuring gold from
`Tuscany, jewelry cases, clothing, toys, and fashion accessories; Entertainment services, namely, provid-
`ing on-line, non-downloadable virtual jewelry, precious metals, precious stones, diamonds, gemstones,
`jewelry cases, clothing, toys, and fashion accessories for use in virtual environments created for entertain-
`ment purposes
`- Class 042. First Use: None First Use In Commerce: None
`All goods and services in the class are appealed, namely: Computer services, namely, creating an online
`virtual environment for customers to wear, try on, purchase and exchange virtual jewelry, diamonds, pre-
`cious stones, precious metals, gemstones, and fashion accessories; Computer services, namely, provid-
`ing a website with technology that enables users to purchase and trade digital arts and graphics authentic-
`
`
`
`ated by non-fungible tokens (NFTs) and to create and provide custom digital art drawings, animations, and
`illustrations for others authenticated by non-fungible tokens (NFTs); Computer services, namely, creating
`an online community for registered users to discuss digital assets, non-fungible tokens, and metaverses
`and online worlds; Platform as a service (PAAS) featuring computer software platforms for creating, pro-
`moting, selling, and exchanging image files authenticated by nonfungible tokens (NFTs); Providing online
`non-downloadable computer software for the creation and production of digital animated and non-an-
`imated designs and characters, avatars, and digital overlays; Authenticating luxury jewelry featuring gold
`from Tuscany
`
`Respectfully submitted,
`/andrea porterfield/
`10/30/2024
`ANDREA M. PORTERFIELD
`POLSINELLI PC
`PO BOX 140310
`KANSAS CITY, MO 64114-0310
`UNITED STATES
`Primary email: uspt@polsinelli.com
`Secondary email(s): aporterfield@polsinelli.com, khendricks@polsinelli.com
`816-360-4119
`
`
