Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 10/31/2017)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: JOY-CON(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/87209612/large)
SERIAL NUMBER: 87209612
An Extension of Time form is being filed with the Allegation of Use.



The applicant, Nintendo of America Inc., having an address of
      4600 150th Avenue NE
      Redmond, Washington 98052
      United States
      206-682-8100
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 009:
Current identification: Computer game programs; Computer game software; Downloadable computer game programs; Downloadable computer game software; Downloadable electronic game programs; Downloadable electronic game software; Downloadable video game programs; Downloadable video game software; Electronic game programs; Electronic game software; Electronic video game programs; Electronic video game software; Video game programs; Video game software

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 028:
Current identification: Computer game machines; Electronic game consoles; Electronic game controllers and electronic game joysticks; Electronic game controllers with an integrated video display; Electronic game machines; Hand-held units for playing electronic games; Hand-held units for playing video games; Fitted plastic films known as skins for covering and protecting hand-held units for playing video games and video game machines; Protective carrying cases and storage cases specially adapted for video game systems; Video game consoles; Video game controllers; Video game joysticks; Video game machines

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 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 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) commercial packaging for the goods and bearing the mark.

Original PDF file:
SPN1-6713915899-20170706132719394589_._Joy-Con_Neon_Red_Neon_Blue_Packaging_US.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Class 28
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 9
MISCELLANEOUS STATEMENTS
Free text not entered by the applicant.

Original PDF file:
MISC-1-6713915899-20170706201754096642_._57156_SOU_and_Divisional_20170706.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered.
	For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Devon W. Pritchard/      Date Signed: 07/12/2017
Signatory's Name: Devon W. Pritchard
Signatory's Position: Senior Vice President, Business Affairs and General Counsel
Signatory's Phone: 206-682-8100

Request to Divide Signature


Signature: /Melissa A. Nowak/    Date: 07/13/2017
Signatory's Name: Melissa A. Nowak, Reg. No. 68,088
Signatory's Position: Attorney of record, Washington bar member

Signatory's Phone: 206-682-8100


RAM Sale Number: 87209612
RAM Accounting Date: 07/14/2017

Serial Number: 87209612
Internet Transmission Date: Thu Jul 13 15:33:09 EDT 2017
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2017071315330938
7243-87209612-590d0d4a30c08b36d31cbb4fe5
4436ba85737a3b3f3c52eb5cab0c58d42e5a8a-C
C-1980-20170706201754096642