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: 88925545

Filing Date: 05/20/020

To the Commissioner for Trademarks:

MARK: NIGHTINGALE (Standard Characters, see mark)
The literal element of the mark consists of NIGHTINGALE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Improbable Worlds Limited, a private limited company legally organized under the laws of United Kingdom, having an address of
      10 Bishops Square
      London E16EG
      United Kingdom
      XXXX

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 communication software for providing access to the Internet; Downloadable software for use in database management; Downloadable computer software to maintain and operate computer systems; Downloadable computer application software for use in uploading, downloading, storing, backing up, transmitting, receiving, accessing, retrieving, managing, organizing, and synchronizing data, email, documents, images, audio, video, multimedia content, electronic publications, computer files and other computer software; Downloadable computer software development tools; Downloadable computer software for use in migrating data between different computer network operating systems; Electronic data processing apparatus; Recorded computer operating system software; Downloadable network access server operating software; Downloadable computer software for processing digital images and data; Downloadable computer programs for user interface design; Electronic publications, namely, books, magazines, and manuals featuring action-related entertainment recorded on computer media; Downloadable virtual reality software for action adventures; Downloadable electronic action games via the internet and wireless devices; Downloadable computer game programs comprised of action adventures; Downloadable virtual reality software for playing action-based computer games; Recorded video game programs for playing action-based computer games; Downloadable interactive game software for playing action-based computer games; Recorded interactive software for playing action-based computer games
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on United Kingdom application number 3478778, filed 04/01/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 038:  Telecommunication access services; Providing access to telecommunication networks; Telecommunication services, namely, transmission of voice, data, graphics, sound and video by means of broadband power line or wireless networks; Telecommunication services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; Electronic exchange of data stored in databases accessible via telecommunication networks; Providing multiple-user access to data on the Internet in the field of entertainment; Providing electronic transmission of secure e-mail; Providing multiple use access to global computer information networks for the transfer and dissemination of a wide range of information; Provision of access to data or documents stored electronically in central files for remote consultation; Providing telecommunication connections to the internet or databases; Transmission of sound, picture and data signals; Transmission and delivery of entertainment-based content via wireless communication networks and the internet; Providing on-line forums for transmission of messages among computer users concerning entertainment; Providing user access to global computer networks; Provision of access to electronic sites; Providing access to telecommunication networks; Web messaging; Providing access to the Internet; Providing access to databases; Rental of telecommunication facilities; Providing virtual private network (VPN) services, namely, private and secure electronic communications over a private or public computer network; Chat room services for social networking; Providing access to telecommunication networks for entertainment purposes; Providing on-line facilities for real-time interaction with other computer users and electronic bulletin boards concerning topics of interest relating to action-based entertainment; Providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of entertainment; Providing information in the field of telecommunications; Providing telecommunications access to electronic, computer and video action-based games; delivery of electronic, computer and video action-based games by telecommunication; electronic message and chat services for use in connection with interactive action-based games played over computer networks and global communications networks; providing access to on-line publications and information, in particular relating to software and computer action-based games; providing on-line facilities for real-time interaction between and among computer users, in particular relating to software and computer action-based games
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on United Kingdom application number 3478778, filed 04/01/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 041:  Information relating to entertainment and education provided on-line from a computer database or the internet; Educational services, namely, conducting programs in the field of software; Virtual reality media services in the field of entertainment provided on-line from a computer network; Entertainment services, namely, providing on-line computer, electronic and video action-based adventure accessible via mobile phones, tablets and computers; Educational services, namely, conducting seminars and conferences for promotional purposes in the field of entertainment; Computer education training; Organisation of exhibitions for cultural or educational purposes; Arranging, organizing, conducting, and hosting social entertainment events; Organizing on-line exhibitions and conferences in the fields of education, culture, sports and entertainment for non-business and non-commercial purposes; Entertainment in the nature of online, action-based tournaments; Providing an Internet website portal in the field of entertainment, cultural and sporting events; Providing on-line information, news and commentary in the field of entertainment; Providing information and news in the field of current events relating to computers and computer software; providing online news and information in relation to action-based computer games; providing action-based computer games and action-based video games for entertainment purposes; action-based video game entertainment services; Entertainment services, namely, providing on-line computer, electronic and video action-based games accessible via video game machines, mobile phones, tablets and computers; online entertainment in the nature of action-based computer game tournaments
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on United Kingdom application number 3478778, filed 04/01/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Computer services, namely, domain forwarding service; Hosting of digital content on the Internet; Application service provider (ASP), namely, hosting computer software applications of others; Design and development of computer software and hardware for use in the entertainment industry; Computer programming for others; Updating of computer software; Updating of computer software for use in the entertainment industry; Scientific and technological services, namely, research and design in the field of computer software and computer networking hardware; Scientific and technological services, namely, scientific research and analysis in the field of computer software and computer networking hardware; Consulting services in the field of cloud computing; rental of computer operating software for accessing and using a cloud computing network; Design and development of computer operating software for accessing and using a cloud computing network; Providing a web site that features information on computer technology and programming; Writing, designing, developing and producing computer software and hardware, computer programs and action-based computer games; updating computer software, computer programs and action-based computer games
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on United Kingdom application number 3478778, filed 04/01/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Danielle I. Mattessich. Other appointed attorneys are Andrew S. Ehard, John A. Clifford, Scott W. Johnston, Christopher J. Schulte, Brent E. Routman, Brian H. Batzli, Gregory C. Golla, Danielle I. Mattessich, Heather J. Kliebenstein, Lindsay M.R. Jones, Christopher Stanton and all other attorneys at the firm of Merchant & Gould P.C.. Danielle I. Mattessich of Merchant & Gould P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 2910
      Minneapolis, Minnesota 55402-0910
      United States
      612-332-5300(phone)
      612-332-9081(fax)
      dockmpls@merchantgould.com
The docket/reference number is 13367.247US0.
Danielle I. Mattessich 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 hereby appoints Danielle I. Mattessich of Merchant & Gould P.C.
      P.O. Box 2910
      Minneapolis Minnesota 55402-0910
      United States
      612-332-5300(phone)
      612-332-9081(fax)
      dockmpls@merchantgould.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Danielle I. Mattessich

PRIMARY EMAIL FOR CORRESPONDENCE: dockmpls@merchantgould.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mmorris@merchantgould.com; 13367.0247US01.active@ef.merchantgould.com; dmattessich@merchantgould.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 $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 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: /daniellemattessich/   Date: 05/20/2020
Signatory's Name: Danielle I. Mattessich
Signatory's Position: Attorney for Applicant; Minnesota Bar Member
Payment Sale Number: 88925545
Payment Accounting Date: 05/20/2020

Serial Number: 88925545
Internet Transmission Date: Wed May 20 15:55:39 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020052015553980
1061-88925545-7101798649bd2f3a4e36be833a
9141fca0cbc934f320a734b1b4fd4f2248be912e
-CC-55384321-20200520153840975848