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 12/31/2020)

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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 12/31/2020)

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

To the Commissioner for Trademarks:
MARK: UNREAL(Standard Characters, see http://uspto.report/TM/88392286/mark.png)
SERIAL NUMBER: 88392286



The applicant, Epic Games, Inc., having an address of
      620 Crossroads Boulevard
      Cary, North Carolina 27518
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Downloadable software for providing access to an online multimedia virtual environment; Recorded software for providing access to an online multimedia virtual environment; Downloadable computer software for use in creating, manipulating, and participating in virtual environments; Recorded computer software for use in creating, manipulating, and participating in virtual environments; Downloadable computer software for providing access to an online virtual environment; Recorded computer software for providing access to an online virtual environment; Downloadable software for use in creating, manipulating and participating in virtual environments; Recorded software for use in creating, manipulating and participating in virtual environments; Downloadable virtual goods, namely, computer programs featuring avatars, clothing, pets, vehicles, weapons, tools, toys, emotes and gestures for use in virtual environments created for entertainment purposes; Recorded virtual goods, namely, computer programs featuring avatars, clothing, pets, vehicles, weapons, tools, toys, emotes and gestures for use in virtual environments created for entertainment purposes; Downloadable virtual goods, namely, computer programs featuring avatars, clothing, pets, vehicles, weapons, tools, toys, emotes and gestures for use in online virtual worlds; Recorded virtual goods, namely, computer programs featuring avatars, clothing, pets, vehicles, weapons, tools, toys, emotes and gestures for use in online virtual worlds

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 09/27/2018, and first used in commerce at least as early as 09/27/2018, 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) Applicant's sequential webpages (see attached explanation); loading screen of Applicant's software; and Applicant's webpage.

Original PDF file:
SPN0-661941746-20190917132421352629_._Class_9_specimen_of_use__sequential_webpages_.pdf
Converted PDF file(s) (8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Original PDF file:
SPN0-661941746-20190917132421352629_._Class_9_specimen__loading_screen_.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-661941746-20190917132421352629_._Class_9_specimen__applicant_s_webpage_.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 035:
Current identification: Online retail store services featuring virtual goods, namely, avatars, characters, environments, structures, props, furniture, vehicles, weapons, tools, toys, emotes, and gestures for use in online virtual worlds

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 09/03/2014, and first used in commerce at least as early as 09/03/2014, 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) Applicant's webpage showing the mark used in connection with Applicant's online retail store services; and Frequently Asked Questions webpage for Applicant's online retail store services.

Original PDF file:
SPN1-661941746-20190917132421352629_._Class_35_specimen_of_use__marketplace_.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN1-661941746-20190917132421352629_._Class_35_specimen_of_use__marketplace_FAQ_.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
Applicant submits the attached explanation of the Class 9 specimen consisting of sequential webpages.

Original PDF file:
MISC-661941746-20190917132421352629_._explanation_of_Class_9_specimen_for_sequential_webpages.pdf
Converted PDF file(s) (4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4

The applicant's current attorney information: Christopher M. Thomas. Christopher M. Thomas of PARKER POE ADAMS & BERNSTEIN LLP, is located at

      301 FAYETTEVILLE STREET, SUITE 1400
      RALEIGH, North Carolina 27601
      United States
The docket/reference number is 29945-00001.

The phone number is 919-828-0564.

The email address is trademarks@parkerpoe.com

The applicants proposed attorney information: Christopher M. Thomas. Other appointed attorneys are Michael E. Hall, William B. Cannon, Joshua J. Morales, Frank E. Silber, Timothy D. St. Clair, Amy A. Hinson. Christopher M. Thomas of PARKER POE ADAMS & BERNSTEIN LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      301 FAYETTEVILLE STREET, SUITE 1400
      RALEIGH, North Carolina 27601
      United States
The docket/reference number is 29945-00001.

The phone number is 919-828-0564.

The email address is trademarks@parkerpoe.com

Christopher M. Thomas submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: CHRISTOPHER M. THOMAS. CHRISTOPHER M. THOMAS of PARKER POE ADAMS & BERNSTEIN LLP, is located at

      301 FAYETTEVILLE STREET, SUITE 1400
      RALEIGH, North Carolina 27601
      United States
The docket/reference number is 29945-00001.

The phone number is 919-828-0564.

The email address is trademarks@parkerpoe.com

The applicants proposed correspondence information: CHRISTOPHER M. THOMAS. CHRISTOPHER M. THOMAS of PARKER POE ADAMS & BERNSTEIN LLP, is located at

      301 FAYETTEVILLE STREET, SUITE 1400
      RALEIGH, North Carolina 27601
      United States
The docket/reference number is 29945-00001.

The phone number is 919-828-0564.

The email address is trademarks@parkerpoe.com

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: /CMT/      Date Signed: 09/19/2019
Signatory's Name: Christopher M. Thomas
Signatory's Position: Attorney of Record, North Carolina bar member
Signatory's Phone: 9198280564

Mailing Address:
   PARKER POE ADAMS & BERNSTEIN LLP
   
   301 FAYETTEVILLE STREET, SUITE 1400
   RALEIGH, North Carolina 27601

RAM Sale Number: 88392286
RAM Accounting Date: 09/19/2019

Serial Number: 88392286
Internet Transmission Date: Thu Sep 19 13:30:55 EDT 2019
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XX-20190919133055820
990-88392286-610ba41f8e1c3f67c6858b357a3
667f126e69161cfd5474aeab43d73d3f9d67-ET-
30548116-20190917132421352629