Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86264144

Filing Date: 04/28/2014

To the Commissioner for Trademarks:

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

The literal element of the mark consists of CHROMA.
The applicant is not claiming color as a feature of the mark. The mark consists of CHROMA in stylized letters.
The applicant, Harmonix Music Systems, Inc., a corporation of Delaware, having an address of
      625 Massachusetts Avenue
      Cambridge, Massachusetts 02139
      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, for the following:

       International Class 009:  video game software; downloadable video game software

In International Class 009, 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 03/13/2014, and first used in commerce at least as early as 03/13/2014, 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 and/or services, consisting of a(n) main screen of game.
Specimen File1



The applicant's current Attorney Information:
      Michael J. Bevilacqua, Esquire and Barbara A. Barakat, Esquire and Donald R. Steinberg, Esquire of Wilmer Cutler Pickering Hale and DorrLLP
      60 State Street
      Boston, Massachusetts 02109
      United States
The attorney docket/reference number is 105.292.121.

The applicant's current Correspondence Information:

Michael J. Bevilacqua, Esquire

Wilmer Cutler Pickering Hale and DorrLLP

60 State Street

Boston, Massachusetts 02109

617-526-6448(phone)

617-526-5000(fax)

michael.bevilacqua@wilmerhale.com (authorized)

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

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; 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 goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has 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 person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like 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 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: /andrew sung/   Date: 04/28/2014
Signatory's Name: Andrew Sung
Signatory's Position: General Counsel
RAM Sale Number: 86264144
RAM Accounting Date: 04/28/2014

Serial Number: 86264144
Internet Transmission Date: Mon Apr 28 11:52:53 EDT 2014
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2014042811525386
3056-86264144-500de4b185dccc1e74e3681d75
fe93297862035c14e8c8c5b50ef94ae6c893c9b-
CC-8518-20140425123641750630