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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 87842229

Filing Date: 03/20/2018

To the Commissioner for Trademarks:

MARK: KERBAL SPACE PROGRAM (stylized and/or with design, see mark)

The literal element of the mark consists of KERBAL SPACE PROGRAM.
The applicant is not claiming color as a feature of the mark. The mark consists of the term "KERBAL" on top of the right wing of a space vehicle, and the terms "SPACE PROGRAM" underneath.
The applicant, Take-Two Interactive Software, Inc., a corporation of Delaware, having an address of
      622 Broadway
      New York, New York 10012
      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:  Computer and video game programs and software; downloadable computer and video game programs and software; downloadable digital materials, namely, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games, all delivered via global computer networks and wireless networks; pre-recorded digital media featuring computer games and video games, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games; USB flash drives; cases for mobile phones and tablets; mouse pads; pre-recorded media featuring music, namely, compact discs, and phonograph records; computer application software for mobile phones, portable media players, tablets, handheld computers and other electronic mobile devices namely, software for video and computer games
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 025:  Clothing, namely, shirts, t-shirts, sweatshirts, pants, casual and leisure jackets; headgear, namely, hats and caps; decorative badges
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 028:  toys, games, sporting goods and playthings
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 041:  Entertainment services, namely, providing online games, providing a website featuring computer games and video games, and news, information, tips, hints, contests, computer interface themes, enhancements, audio-visual content, music, films, videos, television programs, animated series, and other multimedia materials in the field of computer games and video games; providing information, news and commentary in the field of computer games and video games
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5073567.

The applicant's current Attorney Information:
      Andrea L. Calvaruso and Patricia L. Werner and other attorneys of Kelley Drye & Warren LLP      101 Park Avenue
      New York, New York 10178
      United States
      212-808-7800(phone)
      212 808 7897(fax)
      trademarks@kelleydrye.com (authorized)

The applicant's current Correspondence Information:

Andrea L. Calvaruso

Kelley Drye & Warren LLP

101 Park Avenue

New York, New York 10178

212-808-7800(phone)

212 808 7897(fax)

trademarks@kelleydrye.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 $1100 has been submitted with the application, representing payment for 4 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: /patricialwerner/   Date: 03/20/2018
Signatory's Name: Patricia L. Werner
Signatory's Position: Attorney of record, New York bar member
Payment Sale Number: 87842229
Payment Accounting Date: 03/21/2018

Serial Number: 87842229
Internet Transmission Date: Tue Mar 20 17:10:51 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2018032017105132
3285-87842229-51056baccce77ba1734a8c1ea3
0e6877ac252c1517f312bd827c5a458aa841dea-
CC-4471-20180320165201877770