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: 88877299

Filing Date: 04/17/020

To the Commissioner for Trademarks:

MARK: BORDERLANDS (Standard Characters, see mark)
The literal element of the mark consists of BORDERLANDS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Gearbox Enterprises, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      5757 Main Street, Suite 500
      Frisco, Texas 75034
      United States
      TMclients@ackermannlaw.com

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 game programs; Computer game software; Recorded computer game programs; Computer programs for pre-recorded games; Video game programs; Video game game software; Recorded video game programs; Video game programs for pre-recorded games; Electronic game programs; Virtual reality game software; Downloadable virtual reality software for playing computer games; Recorded virtual reality software for playing computer games; Downloadable computer game programs; downloadable video game programs; downloadable electronic game programs; downloadable computer programs for video and computer games; Computer software for electronic transmission of gaming digital media content; Computer software for connecting computer network users to services, namely, matchmaking and friends lists for computer game players; Digital media, namely, downloadable video and image files featuring pre-recorded video gaming content and artwork; Downloadable digital media files, namely, pre-recorded video and audiovisual gaming content, and artwork; Digital media, namely, downloadable image files and video files, featuring scenes or characters based on video games or computer games; Downloadable electronic publications featuring scenes or characters based on video games or computer games; Downloadable electronic comic strip featuring scenes or characters based on video games or computer games; musical soundtracks (digital and disc); digital media relating to computer and video game software, virtual reality software, and entertainment software; Downloadable musical files, namely musical soundtracks; Downloadable musical files, namely music files for computer games and video games; Downloadable musical files, namely music files relating to computer and video game software, to virtual reality software, and to entertainment software; Musical sound recordings, namely musical soundtracks; Musical sound recordings, namely musical recordings for computer games and video games; Musical sound recordings, namely musical recordings relating to computer and video game software, to virtual reality software, and to entertainment software

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 09/10/2007, and first used in commerce at least as early as 09/10/2007, 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) Captured images of websites / URLs using mark from which goods can be acquired.

Original PDF file:
SPE0-47184212221-20200417195545169689_._Borderlands_-_Media-Cosplay__borderlands_com__20200417.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-47184212221-20200417195545169689_._Borderlands_-_Media-Videos__borderlands_com__20200417.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-47184212221-20200417195545169689_._rious_on_Amazon_Music_-_Amazon_com__www_amazon_com__20200417.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-47184212221-20200417195545169689_._Borderlands_2_VR_on_Steam__store_steampowered_com__20200417.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-47184212221-20200417195545169689_._Borderlands_3_on_Steam__store_steampowered_com__20200417.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-47184212221-20200417195545169689_._74979_-_Walmart_com_-_Walmart_com__www_walmart_com__20200417.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-47184212221-20200417195545169689_._fl4k_mural_1364x2046_jpg__1280_1920___cdn___20200417.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 041:  Entertainment services, namely, providing an on-line computer game; Entertainment services, namely, providing on-line electronic games; providing online computer games; Providing on-line information in the field of computer gaming and video gaming entertainment; Providing information about computer games and video games; Providing a web site featuring information in the field of computer games and video games; Matching online game players with other online game players; Online matchmaking of computer and video game players for creating teams; Connecting online computer game and video game players via friends lists

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 10/20/2009, and first used in commerce at least as early as 10/20/2009, 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) captured images of website showing the mark in use in connection with the services; captured in-game images showing services.

Original PDF file:
SPE0-47184212221-20200417195545169689_._Borderlands_-_Community__borderlands_com__20200417.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-47184212221-20200417195545169689_._Borderlands_-_Game_Info__borderlands_com__20200417.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPE0-1-47184212221-20200417195545169689_._74979_-_Walmart_com_-_Walmart_com__www_walmart_com__20200417.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-47184212221-20200417195545169689_._earbox_Software_Forums__forums_gearboxsoftware_com__20200417.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-47184212221-20200417195545169689_._In-game.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) 3693183, 5192761, and 5586663.


The owner's/holder's proposed attorney information: Timothy G Ackermann. Timothy G Ackermann of Ackermann Law Firm, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      PO Box 2384
      Grapevine, Texas 76099-2384
      United States
      817-305-0690(phone)
      tim@ackermannlaw.com
The docket/reference number is 125-024-M09-.
Timothy G Ackermann 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:

Timothy G Ackermann

PRIMARY EMAIL FOR CORRESPONDENCE: tim@ackermannlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@ackermannlaw.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 $550 has been submitted with the application, representing payment for 2 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Timothy G Ackermann/   Date: 04/17/2020
Signatory's Name: Timothy G Ackermann
Signatory's Position: Attorney of record
Payment Sale Number: 88877299
Payment Accounting Date: 04/17/2020

Serial Number: 88877299
Internet Transmission Date: Fri Apr 17 20:22:07 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202004172022073
88636-88877299-7101a6816f4465d7d6c248056
3a279d33d3e69a7b908d99793d13a0cd4ea2cfa5
7-CC-22069925-20200417195545169689