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: 88709517

Filing Date: 11/27/2019

To the Commissioner for Trademarks:

MARK: FORTNITE (Standard Characters, see mark)
The literal element of the mark consists of FORTNITE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Epic Games, Inc., a corporation of Maryland, having an address of
      620 Crossroads Boulevard
      Cary, North Carolina 27518
      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:  Downloadable virtual goods, namely, computer software programs featuring in-game resources, tokens and virtual currency for use in video games and online virtual worlds; Downloadable software featuring virtual currency, namely, computer programs featuring in-game tokens and currency for use in online web and mobile video 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 09/29/2015, and first used in commerce at least as early as 09/29/2015, 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) electronic display associated with the goods.

Original PDF file:
SPE0-661941746-20191127153049597340_._FORTNITE_-_specimen_for_Classes_9_and_41.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

International Class 016:  Non-magnetically encoded gift cards

In International Class 016, 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 11/19/2019, and first used in commerce at least as early as 11/19/2019, 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) photograph of the goods for sale in a retail store.

Original PDF file:
SPE0-661941746-20191127153049597340_._FORTNITE_-_specimen_for_Class_16.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 036:  Financial services, namely, providing online, non-downloadable virtual in-game currency for use by members of an online community via a global computer network

In International Class 036, 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 09/29/2015, and first used in commerce at least as early as 09/29/2015, 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 offering the services under the mark.

Original PDF file:
SPE0-661941746-20191127153049597340_._FORTNITE_-_Class_36_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 041:  Provision of a non-downloadable computer program featuring virtual currency, in-game tokens and currency, for use in online web and mobile video games

In International Class 041, 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 09/29/2015, and first used in commerce at least as early as 09/29/2015, 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 offering the services under the mark (note the virtual currency can be redeemed online).

Original PDF file:
SPE0-1-661941746-20191127153049597340_._FORTNITE_-_specimen_for_Classes_9_and_41.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4481629, 5375076, 5595766, and others.


The applicant hereby appoints Christopher M. Thomas. Other appointed attorneys are Michael E. Hall, William B. Cannon, Joshua J. Morales, Timothy D. St. Clair, Amy A. Hinson, Sloan L.E. Carpenter. 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
      919-828-0564(phone)
      trademarks@parkerpoe.com (authorized).
The attorney docket/reference number is 29945-00001.
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

Parker Poe Adams & Bernstein LLP

301 Fayetteville Street, Suite 1400

Raleigh, North Carolina 27601

919-828-0564(phone)

trademarks@parkerpoe.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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: /CMT/   Date: 11/27/2019
Signatory's Name: Christopher M. Thomas
Signatory's Position: Attorney of Record, North Carolina bar member
Payment Sale Number: 88709517
Payment Accounting Date: 11/27/2019

Serial Number: 88709517
Internet Transmission Date: Wed Nov 27 17:11:10 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20191127171110411
934-88709517-7002ee1beba64f766f5e3fea268
bee04cf647eb85404f2de6ec3d91c71511b79055
-ET-11091814-20191127153049597340