Preliminary Amendment

PTO Form 1966 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1966 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/30/2011)

Preliminary Amendment

To the Commissioner for Trademarks:

Application serial no. 77583731 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Video game discs; video game cartridges; programs for video games; electronic circuits, magnetic discs, optical discs, magnetic tapes, ROM cards, ROM cartridges, CD-ROMs, DVD-ROMs and other storage media namely flash memory all storing programs for video game machines; controllers, joysticks and memory cards for video game machines and their parts and fittings therefor; microphones for video game machines; sound receivers for video game machines; parts and fittings for video game machines; video game computers; electronic circuits, magnetic discs, optical discs, magnetic tapes, ROM cards, ROM cartridges, CD-ROMs, DVD-ROMs and other storage media namely flash memory all storing programs for video game computers; downloadable programs for video game computers; programs for video game computers; game programs for cellular phones; other electronic machines, apparatus and their parts namely electronic game software, electronic video game machines for use with computer monitor or television; microphones; headsets with microphones; cellular phones; straps for cellular phones; parts and fittings for cellular phones; other telecommunication machines and apparatus; recorded compact discs featuring entertainment content, namely music, stories, games and game hints; phonographic records; electronic circuits and CD-ROMs with recorded automatic performance programs for electronic musical instruments; downloadable music files; cinematographic films; slide films; slide film mounts; downloadable image files; recorded video discs and video tapes featuring children's entertainment content; downloadable electronic publications namely, commentary articles, game strategy guides, stories and games featuring entertainment content; cartridges, compact discs, optical discs and memory cards featuring entertainment, informational and educational content; educational instruction, entertainment instruction and informational instruction, all pertaining to games, puzzles, physical fitness, diet, nutrition, sports, and exercise; computer game cartridges; computer game discs; computer game memory cards; computer game programs; computer game software; electronic game cartridges; electronic game discs; electronic game memory cards; electronic game programs; electronic game software; electronic interactive board games; interactive game cartridges; interactive game discs; interactive game memory cards; interactive game programs; interactive game software; discs featuring game program and data content; musical sound recordings; video game cartridges; video game discs; video game memory cards; video game programs; video game software; magnetic trading cards and discs featuring game program and data content
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Japan application number 2008-056934 filed 07/11/2008]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Japan registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 009 for Video game discs; programs for video games; electronic circuits, magnetic discs, optical discs, ROM cards, CD-ROMs, DVD-ROMs and other storage media namely flash memory all storing programs for video game machines; controllers, joysticks and memory cards for video game machines and their parts and fittings therefor; microphones for video game machines; sound receivers for video game machines; parts and fittings for video game machines; video game computers; electronic circuits, magnetic discs, optical discs, ROM cards, CD-ROMs, DVD-ROMs and other storage media namely flash memory all storing programs for video game computers; downloadable programs for video game computers; programs for video game computers; game programs for cellular phones; other electronic machines, apparatus and their parts namely electronic game software, electronic video game machines for use with computer monitor or television; microphones; headsets with microphones; cellular phones; straps for cellular phones; parts and fittings for cellular phones; other telecommunication machines and apparatus; recorded compact discs featuring entertainment content, namely music, stories, games and game hints; phonographic records; electronic circuits and CD-ROMs with recorded automatic performance programs for electronic musical instruments; downloadable music files; cinematographic films; slide films; slide film mounts; downloadable image files; recorded video discs and video tapes featuring children's entertainment content; downloadable electronic publications namely, commentary articles, game strategy guides, stories and games featuring entertainment content; compact discs, optical discs and memory cards featuring entertainment, informational and educational content; educational instruction, entertainment instruction and informational instruction, all pertaining to games, puzzles, physical fitness, diet, nutrition, sports, and exercise; computer game discs; computer game memory cards; computer game programs; computer game software; electronic game discs; electronic game memory cards; electronic game programs; electronic game software; electronic interactive board games; interactive game discs; interactive game memory cards; interactive game programs; interactive game software; discs featuring game program and data content; musical sound recordings; video game discs; video game memory cards; video game programs; video game software; magnetic trading cards and discs featuring game program and data content
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Japan application number 2008-056934 filed 07/11/2008]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [ Japan registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

ADDITIONAL STATEMENTS
UNITY OF CONTROL WITH SIGNED DECLARATION: Applicant declares that Nintendo of America Inc., a Washington corporation, located at 4820 150th Avenue NE, Redmond, Washington 98052 USA, is a wholly owned subsidiary of Nintendo Co., Ltd., a Japanese corporation, located at 11-1, Hokotate-cho, Kamitoba, Minami-ku, Kyoto-shi, Kyoto, 601-8501 Japan. The entities, Nintendo of America Inc. and Nintendo Co., Ltd., have unity of control over the mark of the present application. Applicant respectfully requests that the Examining Attorney consider this factor when examining of the present application in light of prior issued registrations owned by Nintendo of America Inc.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §1001, and that such willful false statements 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. §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; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Jerald E. Nagae, Reg. No. 29,418/      Date: 01/09/2009
Signatory's Name: Jerald E. Nagae, Reg. No. 29,418
Signatory's Position: Attorney of record, Washington bar member

Voluntary Amendment Signature
Signature: /Jerald E. Nagae, Reg. No. 29.418/     Date: 01/09/2009
Signatory's Name: Jerald E. Nagae, Reg. No. 29,418
Signatory's Position: Attorney of record, Washington bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 77583731
Internet Transmission Date: Fri Jan 09 17:18:11 EST 2009
TEAS Stamp: USPTO/PRA-XXX.XX.XXX.XX-2009010917181161
6482-77583731-430aaf6f14921844f0fef109cd
7677a2f-N/A-N/A-20090109160447454903