Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78862893
Filing Date: 04/17/2006

To the Commissioner for Trademarks:

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

The literal element of the mark consists of INTELLIVISION.

The applicant, Intellivision Productions, Inc., a corporation of California, residing at Suite L, 1104 Highland Avenue, Manhattan Beach, California, United States, 90266, 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.

The applicant, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

      International Class 009: Video output game machines for use with televisions; video game interactive hand held devices for playing electronic games; electronic, video, and multimedia game software for use on personal computers, cell phones, television receivers, handheld devices, and electronic game-playing units; interactive video game programs; video game cartridges, video game cassettes; CD-ROM encoded video game software; DVD-ROM encoded video game software; CD-ROM encoded computer game software; downloadable audio-video recordings featuring music, comedy, drama, action, adventure and/or animation; downloadable ring tones, graphics and music via a global computer network and wireless devices; and sound recordings featuring musical performances and video game-themed music
      International Class 016: Publications, namely, newsletters, instruction booklets, operation manuals, owners manuals, and catalogs relating to electronic, video and multimedia software for use on personal computers, cell phones, television receivers, handheld devices, and electronic game-playing units; posters; and stationery
      International Class 021: Mugs
      International Class 025: Clothing, namely, t-shirts, jerseys, and baseball caps
      International Class 028: Toys and games, namely, hand-held LCD games
      International Class 041: Providing information on-line relating to video and computer games; multimedia entertainment software production services; and publishing interactive computer and video games and software and related instruction booklets, operation manuals, owner's manuals, and catalogs

In International Class 009, the mark was first used at least as early as 00/00/1979, and first used in commerce at least as early as 00/00/1980, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class 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) Image of CD containing video games and accompanying CD cover.

      Specimen - 1
      Specimen - 2

In International Class 016, the mark was first used at least as early as 00/00/1979, and first used in commerce at least as early as 00/00/1980, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class 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) Owner's manual (first two pages).

      Specimen - 1
      Specimen - 2

In International Class 021, the mark was first used at least as early as 00/00/2002, and first used in commerce at least as early as 00/00/2002, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class 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) Image of mug.

      Specimen - 1

In International Class 025, the mark was first used at least as early as 00/00/1997, and first used in commerce at least as early as 00/00/1997, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class 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) Image of baseball cap.

      Specimen - 1

In International Class 028, the mark was first used at least as early as 00/00/2003, and first used in commerce at least as early as 00/00/2003, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class 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) Image of hand-held LCD game product and accompanying packaging.

      Specimen - 1

In International Class 041, the mark was first used at least as early as 00/00/1997, and first used in commerce at least as early as 00/00/1997, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class 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) Pages from Applicant's website.

      Specimen - 1
      Specimen - 2
      Specimen - 3
      Specimen - 4

The applicant hereby appoints Edwin Komen and Matthew Clanton and Members, Associates and Of Counsel of Sheppard Mullin Richter & Hampton LLP, 11th Floor East, 1300 I Street, NW, Washington, District of Columbia, United States, 20005-3314 to submit this application on behalf of the applicant.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: ekomen@sheppardmullin.com.

A fee payment in the amount of $1950 will be submitted with the application, representing payment for 6 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: /Keith Robinson/   Date: 04/17/2006
Signatory's Name: Keith Robinson
Signatory's Position: President


Mailing Address:
     Edwin Komen
     11th Floor East
     1300 I Street, NW
     Washington, District of Columbia 20005-3314

RAM Sale Number: 286
RAM Accounting Date: 04/18/2006

Serial Number: 78862893
Internet Transmission Date: Mon Apr 17 16:00:25 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200604171600259979
13-78862893-2009ff5a783adf1568a293fe90f4
f661eb-DA-286-20060412154726210468