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: 88461108

Filing Date: 06/05/2019

To the Commissioner for Trademarks:

MARK: THE LOST AND DAMNED (Standard Characters, see mark)
The literal element of the mark consists of THE LOST AND DAMNED.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Take-Two Interactive Software, Inc., a corporation of Delaware, having an address of
      110 West 44th Street
      New York, New York 10036
      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

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 02/17/2009, and first used in commerce at least as early as 02/17/2009, 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) website screenshot of mark used in connection with the goods in marketplace.
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3676467 and 3676469.

The applicant's current Attorney Information:
      Andrea L. Calvaruso and Patricia L. Werner, Kelli D. Ortega 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 attorney docket/reference number is 019321.

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 $275 has been submitted with the application, representing payment for 1 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: /Ami Bhatt/   Date: 06/05/2019
Signatory's Name: Ami Bhattt
Signatory's Position: Trademark Counsel
Payment Sale Number: 88461108
Payment Accounting Date: 06/06/2019

Serial Number: 88461108
Internet Transmission Date: Wed Jun 05 18:08:51 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019060518085159
0853-88461108-620cfe1b692504c5331aaf243d
b77564e46b34d7769a011c4358d762347260-CC-
5142-20190605175206213939