Statement of Use

PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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

To the Commissioner for Trademarks:
MARK: DIABLO(Standard Characters, see http://uspto.report/TM/88332243/mark.png)
SERIAL NUMBER: 88332243


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Blizzard Entertainment, Inc., having an address of
      1 Blizzard Way
      Legal Department
      Irvine, California 92618
      United States
      Phone: 949-955-1380
      Fax: 949-725-0125
      Email: XXXX
Proposed: Blizzard Entertainment, Inc., having an address of
      1 Blizzard Way
      Legal Department
      Irvine, California 92618
      United States
      Phone: 949-955-1380
      949-725-0125
      Email: XXXX



The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Downloadable films and movies featuring narratives based on a video game and provided via a video-on-demand service

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 08/17/2010, and first used in commerce at least as early as 08/17/2010, 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) a 3-page PDF bearing 2 consecutive screen captures of the landing page for one of Applicant's YouTube channels followed by a 3rd screen capture from the same site noting the downloadable feature of the site--all screens featuring prominent use of the subject mark for the listed goods..

Original PDF file:
SPN0-1987436162-202208012 03200627562_._DIABLO_8833 2243_IC_09_-_2022.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

Webpage URL: http://www.youtube.com/user/diablo
Webpage Date of Access: 08/01/2022
Webpage URL: http://www.youtube.com/watch?v=dYSEYeqNB0U
Webpage Date of Access: 08/01/2022

For International Class 041:
Current identification: Production and distribution of television shows and movies

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 08/17/2010, and first used in commerce at least as early as 08/17/2010, 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) a 2-page PDF bearing screen captures of the landing page for one of Applicant's YouTube channels featuring prominent use of the subject mark for the listed services..

Original PDF file:
SPN1-1987436162-202208012 03200627562_._DIABLO_8833 2243_IC_41_-_2022.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Webpage URL: http://www.youtube.com/user/diablo
Webpage Date of Access: 08/01/2022

The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Neil Yang
      PRIMARY EMAIL FOR CORRESPONDENCE: neil.yang@activision.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): terry.kiel@activision.com; kristian.croell@activision.com
Correspondence Information (proposed):
      Neil Yang
      PRIMARY EMAIL FOR CORRESPONDENCE: neil.yang@activision.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): terry.kiel@activision.com; kristian.croell@activision.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.


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: /Neil Yang/      Date Signed: 08/01/2022
Signatory's Name: Neil Yang
Signatory's Position: Attorney of Record, CA Bar Member
Signatory's Phone: 310-255-2000
Signature method: Signed directly within the form

PAYMENT: 88332243
PAYMENT DATE: 08/01/2022

Serial Number: 88332243
Internet Transmission Date: Mon Aug 01 20:41:58 ET 2022
TEAS Stamp: USPTO/SOU-XXX.XX.XX.XXX-2022080120415896
5926-88332243-8003691722f5cda2e7bcd22d97
01ade851425452ec26c2144675de454adfcd6f71
-DA-41561610-20220801203200627562