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: 90046754

Filing Date: 07/10/2020

To the Commissioner for Trademarks:

MARK: IT'S ABOUT TIME (Standard Characters, see mark)
The literal element of the mark consists of IT'S ABOUT TIME. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Activision Publishing, Inc., a corporation of Delaware, having an address of
      3100 Ocean Park Blvd
      Santa Monica, California 90405
      United States
      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 video game software, downloadable video and computer game programs, video game cartridges and discs.

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 Tonga application number TO/M/2020/03923, filed 03/13/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 041:  Entertainment services, namely, providing online video games; providing information on-line relating to computer games and computer enhancements for games.

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 Tonga application number TO/M/2020/03923, filed 03/13/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The owner's/holder's proposed attorney information: Neil Yang. Neil Yang, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Activision Legal Department
      3100 Ocean Park Blvd
      Santa Monica, California 90405
      United States
      tm@activision.com

Neil Yang 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:

Neil Yang

PRIMARY EMAIL FOR CORRESPONDENCE: tm@activision.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): neil.yang@activision.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: /Neil Yang/   Date: 07/10/2020
Signatory's Name: Neil Yang
Signatory's Position: Attorney of Record, CA Bar Member
Payment Sale Number: 90046754
Payment Accounting Date: 07/10/2020

Serial Number: 90046754
Internet Transmission Date: Fri Jul 10 15:15:59 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20200710151559596
136-90046754-710b71247c29336c8c8774bbbc8
aba859d5f5f17a90ce8bfe66fed3ba3df66ae-DA
-15596651-20200710150339114084