Amendment to Allege Use

DAYBREAK

Daybreak Game Company LLC

Trademark/Service Mark Amendment to Allege Use

PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 10/31/2017)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86585447
LAW OFFICE ASSIGNED LAW OFFICE 105
EXTENSION OF USE NO
MARK SECTION
MARK FILE NAME http://tsdr.gov.uspto.report/img/86585447/large
LITERAL ELEMENT DAYBREAK
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
OWNER SECTION
NAME Daybreak Game Company LLC
STREET 8928 Terman Court
CITY San Diego
STATE California
ZIP/POSTAL CODE 92121
COUNTRY United States
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 009
CURRENT IDENTIFICATION Computer software for gaming; downloadable computer game software via a global computer network and wireless devices
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 04/27/2015
FIRST USE IN COMMERCE DATE 04/27/2015
SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\869\799\86979909\LM2Co py\86585447\1\AAU7\AAU2.J
SPECIMEN DESCRIPTION web page evidencing downloadable games
INTERNATIONAL CLASS 035
CURRENT IDENTIFICATION Promoting the goods and services of others by preparing and disseminating advertisements through a global computer network; electronic retailing services via computers, Internet, and mobile networks in the field of games
GOODS OR SERVICES DELETED FROM THE APPLICATION Promoting the goods and services of others by preparing and disseminating advertisements through a global computer network
GOODS OR SERVICES IN USE IN COMMERCE Electronic retailing services via computers, Internet, and mobile networks in the field of games
FIRST USE ANYWHERE DATE 04/27/2015
FIRST USE IN COMMERCE DATE 04/27/2015
SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\869\799\86979909\LM2Co py\86585447\1\AAU7\AAU3.J
        \\TICRS\EXPORT16\IMAGEOUT 16\869\799\86979909\LM2Co py\86585447\1\AAU7\AAU4.J
        \\TICRS\EXPORT16\IMAGEOUT 16\869\799\86979909\LM2Co py\86585447\1\AAU7\AAU5.J
SPECIMEN DESCRIPTION web pages evidencing retailing services for games
INTERNATIONAL CLASS 038
CURRENT IDENTIFICATION Providing on-line facilities for real-time interaction with other computer users concerning topics related to games and gaming; providing on-line facilities for real-time interaction with other computer users for playing games
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 04/27/2015
FIRST USE IN COMMERCE DATE 04/27/2015
SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\869\799\86979909\LM2Co py\86585447\1\AAU7\AAU6.J
        \\TICRS\EXPORT16\IMAGEOUT 16\869\799\86979909\LM2Co py\86585447\1\AAU7\AAU7.J
        \\TICRS\EXPORT16\IMAGEOUT 16\869\799\86979909\LM2Co py\86585447\1\AAU7\AAU8.J
SPECIMEN DESCRIPTION web pages evidencing on-line facilities for real-time interaction with other computer users regarding games and gaming
INTERNATIONAL CLASS 041
CURRENT IDENTIFICATION Entertainment services, namely, providing on-line and mobile computer games; entertainment services, namely, providing temporary use of non-downloadable computer games; entertainment services, namely, providing information relating to computer games and computer enhancements for games
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 04/27/2015
FIRST USE IN COMMERCE DATE 04/27/2015
SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\869\799\86979909\LM2Co py\86585447\1\AAU7\AAU9.J
        \\TICRS\EXPORT16\IMAGEOUT 16\869\799\86979909\LM2Co py\86585447\1\AAU7\AAU10.
        \\TICRS\EXPORT16\IMAGEOUT 16\869\799\86979909\LM2Co py\86585447\1\AAU7\AAU11.
        \\TICRS\EXPORT16\IMAGEOUT 16\869\799\86979909\LM2Co py\86585447\1\AAU7\AAU12.
SPECIMEN DESCRIPTION web pages evidencing on-line non-downloadable games
REQUEST TO DIVIDE NO
PAYMENT SECTION
NUMBER OF CLASSES IN USE 4
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 400
TOTAL AMOUNT 400
SIGNATURE SECTION
DECLARATION SIGNATURE /David H. Youssefi/
SIGNATORY'S NAME David H. Youssefi
SIGNATORY'S POSITION Vice President & General Counsel
DATE SIGNED 06/30/2015
SIGNATORY'S PHONE NUMBER 212-768-5367
FILING INFORMATION
SUBMIT DATE Tue Jun 30 18:20:58 EDT 2015
TEAS STAMP USPTO/AAU-XXX.XXX.XX.XXX-
20150630182058707007-8658
5447-530fc36a29cc38fab349
7ce1b49aec77802368dd3cd23
0fb5ef4bdf9b6edcd62d-CC-6
519-20150630170902860764



PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 10/31/2017)


Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))


To the Commissioner for Trademarks:
MARK: DAYBREAK (Stylized and/or with Design, see http://tsdr.gov.uspto.report/img/86585447/large)
SERIAL NUMBER: 86585447



The applicant, Daybreak Game Company LLC, having an address of
      8928 Terman Court
      San Diego, California 92121
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Computer software for gaming; downloadable computer game software via a global computer network and wireless devices

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/27/2015, and first used in commerce at least as early as 04/27/2015, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) web page evidencing downloadable games.
Specimen File1


For International Class 035:
Current identification: Promoting the goods and services of others by preparing and disseminating advertisements through a global computer network; electronic retailing services via computers, Internet, and mobile networks in the field of games

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: Promoting the goods and services of others by preparing and disseminating advertisements through a global computer network

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Electronic retailing services via computers, Internet, and mobile networks in the field of games
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/27/2015, and first used in commerce at least as early as 04/27/2015, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) web pages evidencing retailing services for games.
Specimen File1
Specimen File2
Specimen File3


For International Class 038:
Current identification: Providing on-line facilities for real-time interaction with other computer users concerning topics related to games and gaming; providing on-line facilities for real-time interaction with other computer users for playing games

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/27/2015, and first used in commerce at least as early as 04/27/2015, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) web pages evidencing on-line facilities for real-time interaction with other computer users regarding games and gaming.
Specimen File1
Specimen File2
Specimen File3


For International Class 041:
Current identification: Entertainment services, namely, providing on-line and mobile computer games; entertainment services, namely, providing temporary use of non-downloadable computer games; entertainment services, namely, providing information relating to computer games and computer enhancements for games

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/27/2015, and first used in commerce at least as early as 04/27/2015, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) web pages evidencing on-line non-downloadable games.
Specimen File1
Specimen File2
Specimen File3
Specimen File4


The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $400 will be submitted with the form, representing payment for the allegation of use for 4 classes.


Declaration

STATEMENTS: The signatory believes that: if the applicant is filing the amendment to allege use under 15 U.S.C. Section 1051(c) or a statement of use under 15 U.S.C. Section 1051(d), 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 all the goods/services in the application or notice of allowance, or as subsequently modified, and such use by the applicant's related company or licensee inures to the benefit of the applicant; 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; and the specimen(s) shows the mark as used on or in connection with the goods/services in commerce.

DECLARATION: 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 submission or any registration resulting therefrom, declares 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: /David H. Youssefi/      Date Signed: 06/30/2015
Signatory's Name: David H. Youssefi
Signatory's Position: Vice President & General Counsel
Signatory's Phone: 212-768-5367

RAM Sale Number: 86585447
RAM Accounting Date: 07/01/2015

Serial Number: 86585447
Internet Transmission Date: Tue Jun 30 18:20:58 EDT 2015
TEAS Stamp: USPTO/AAU-XXX.XXX.XX.XXX-201506301820587
07007-86585447-530fc36a29cc38fab3497ce1b
49aec77802368dd3cd230fb5ef4bdf9b6edcd62d
-CC-6519-20150630170902860764



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