Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77337322

Filing Date: 11/27/2007

To the Commissioner for Trademarks:

MARK: UNREAL (stylized and/or with design, see mark)

The literal element of the mark consists of UNREAL.

The applicant, Epic Games, Inc., a corporation of Maryland, having an address of
      620 Crossroads Boulevard
      Cary, North Carolina 27511
      United States
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.

       International Class 009:  Prerecorded CDs featuring music from video games

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 009, the mark was first used at least as early as 10/31/2006, and first used in commerce at least as early as 10/31/2006, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) CD.
Specimen File1


The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). 2908245 2263802 2532569.

The applicant claims ownership of U.S. Registration Number(s) 2908245, 2263802, and 2532569.

The applicant hereby appoints Douglas W. Kenyon and Robert Van Arnam; Edward White; Robert Lockwood; Bradley Grout of Hunton & Williams LLP
      Post Office Box 109
      Raleigh, North Carolina 27602
      United States
to submit this application on behalf of the applicant. The attorney docket/reference number is 49765.001142.

Correspondence Information:	Douglas W. Kenyon
	Post Office Box 109
	Raleigh, North Carolina 27602
	919-899-3000(phone)
	919-833-6352(fax)
	hwratm@hunton.com (authorized)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /William P. Andrews, Jr./   Date Signed: 11/27/2007
Signatory's Name: William P. Andrews, Jr.
Signatory's Position: General Counsel



RAM Sale Number: 5529
RAM Accounting Date: 11/27/2007

Serial Number: 77337322
Internet Transmission Date: Tue Nov 27 08:52:09 EST 2007
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20071127085209665
004-77337322-4004964f292ef31dad0b67cc374
29ba423-DA-5529-20071127084438281117