TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 87634031

Filing Date: 10/04/2017

To the Commissioner for Trademarks:

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

The literal element of the mark consists of NINTENDO SWITCH.
The applicant is not claiming color as a feature of the mark. The mark consists of a square design enclosing the terms NINTENDO SWITCH below two side-by-side rectangular shapes, with one rectangular shape with a circle in the upper portion and the other rectangular shape with a circle in its lower portion.
The applicant, Nintendo of America Inc., a corporation of Washington, having an address of
      4600 150th Avenue NE
      Redmond, Washington 98052
      United States
      206-682-8100(phone)
      XXXX (not authorized)

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:  Cartridges and memory cards containing puzzles, stories, and video games; Computer game programs; Computer game software; Computer programs for parental controls in the field of video games; Downloadable computer game programs; Downloadable computer game software; Downloadable computer programs; Downloadable electronic game programs; Downloadable electronic game software; Downloadable multimedia files including computer games, puzzles, stories and video games; Downloadable video game programs; Downloadable video game software; Electronic game programs; Electronic game software; Electronic video game programs; Electronic video game software; Game programs for hand held video game apparatus; Game programs for video game apparatus; Video game cartridges; Video game memory cards; Video game memory devices including cartridges and memory cards; Video game operating system software programs and utility programs; Video game programs; Video game software; Accessories for electronic video and computer game systems, namely AC adapters, chargers, earphones, microphones, power adapters; Electronic memory devices for use with electronic video and computer game systems

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 03/03/2017, and first used in commerce at least as early as 03/03/2017, 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/services, consisting of a(n) commercial packaging for the goods and bearing the mark.

Original PDF file:
SPE0-6713915899-20170928182919621377_._57640_Specimen_IC9.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 028:  Action figures; Computer game machines; Electronic game consoles; Electronic game controllers and electronic game joysticks; Electronic game controllers with an integrated video display; Electronic game machines; Electronic memory devices for use with electronic video and computer game systems; Electronic video game machines for use with a monitor or television; Fitted plastic films known as skins specially adapted for covering and protecting hand-held video game units and video game consoles; Hand-held units for playing electronic games; Hand-held units for playing video games; Fitted plastic films known as skins for covering and protecting electronic game playing apparatus, namely, video game machines and hand-held units for playing video games; Protective carrying cases and storage cases specially adapted for video game systems; Protective films specially adapted for screens for portable game machines; Video game consoles; Video game controllers; Video game joysticks; Video game machines

In International Class 028, 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 03/03/2017, and first used in commerce at least as early as 03/03/2017, 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/services, consisting of a(n) commercial packaging for the goods and bearing the mark.
Specimen File1

       International Class 041:  Organizing, arranging, and producing video game events for entertainment purposes; Providing information about video games, including video game machines, video game controllers, downloadable video games, non-downloadable video games and online game services by computer networks, handheld game apparatus and video game apparatus; Providing entertainment-related blogs, information and news on video games, computer games and related products, and on the video game and computer game industries; Providing non-downloadable images and photographs by computer networks, handheld game apparatus and video game apparatus; Providing non-downloadable pictures and photographs by computer networks, hand held game apparatus and video game apparatus; Providing non-downloadable videos in the field of video games by computer networks, handheld game apparatus and video game apparatus; Providing non-downloadable video games and video game samples by computer network, handheld game apparatus and video game apparatus; Providing online games and game samples by computer network, handheld game apparatus and video game apparatus; Providing a website featuring entertainment information and video game information

In International Class 041, 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 10/20/2016, and first used in commerce at least as early as 10/20/2016, 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/services, consisting of a(n) screenshot of the official website and bearing the mark.

Original PDF file:
SPE0-6713915899-20170928182919621377_._57640_Specimen_IC41.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6



The applicant's current Attorney Information:
      Melissa A. Nowak, Reg. No. 68,088 and Jerald E. Nagae, Reg. No. 29,418; George E. Renzoni, Ph.D., Reg. No. 37,919; John D. Denkenberger, Reg. No. 44,060; D.C. Peter Chu, Reg. No. 41,676; Everett E. Fruehling; Brandon C. Stallman, Reg. No. 46,468; Laura A. Cruz, Reg. No. 46,649; Ryan E. Dodge, Jr., Reg. No. 42,492; Emily C. Peyser, Reg. No. 59,844; Brian W. Poor, Reg. No. 32,928; Margie B. Aoki, Reg. No. 62,644; Matthew D. Balint, Reg. No. 61,038; Llewellyn Rhys Lawson, Reg. No. 57,869; David P. Sheldon, Reg. No. 62,494; Brian F. McMahon; B. Casey Fitzpatrick, Reg. No. 66,847, Jadran Adrian Mihailovic, Reg. No. 57,874; James Y. Go, Reg. No. 40,621; and Cory G. Claassen, Reg. No. 50,296 of Christensen O'Connor Johnson Kindness      1201 Third Avenue, Suite 3600
      Seattl, Washington 98101
      United States
      206-682-8100(phone)
      206-224-0779(fax)
      Efiling@cojk.com (authorized)
The attorney docket/reference number is NOAM-2-57640.

The applicant's current Correspondence Information:

Melissa A. Nowak, Reg. No. 68,088

Christensen O'Connor Johnson Kindness

1201 Third Avenue, Suite 3600

Seattl, Washington 98101

206-682-8100(phone)

206-224-0779(fax)

Efiling@cojk.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have 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 persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 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 all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Devon W. Pritchard/   Date: 10/04/2017
Signatory's Name: Devon W. Pritchard
Signatory's Position: Senior Vice President, Business Affairs and General Counsel
Payment Sale Number: 87634031
Payment Accounting Date: 10/05/2017

Serial Number: 87634031
Internet Transmission Date: Wed Oct 04 18:34:18 EDT 2017
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2017100418341847
0553-87634031-510767ad25aac27f39432fd2bb
8d7ebd8121747f46ba99b3bce182f68b49d9f2d7
-CC-5447-20171003193113598520