Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90613293

Filing Date: 03/30/2021

To the Commissioner for Trademarks:

MARK: BATTLE.NET (stylized and/or with design, see mark)
The literal element of the mark consists of BATTLE.NET. The applicant is not claiming color as a feature of the mark. The mark consists of an atomic model comprised of three identical interlocking arcs followed by the word "BATTLE.NET" stylized and with the 'dot' placed directly across from central crossbar and centered between the upper and lower crossbars of the capital letter "E" between "BATTLE" and "NET".
The applicant, Blizzard Entertainment, Inc., a corporation of Delaware, having an address of
      1 Blizzard Way
      Irvine, California 92618
      United States
      949-955-1380(phone)
      949-725-0125(fax)
      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 computer and video game programs; Downloadable computer game software, Downloadable video game software; Computer game software and video game software downloadable from a global computer network; Interactive multimedia video game and computer game programs; Video game software downloadable to mobile phones, tablets, and other electronic mobile devices.
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.

International Class 035:  On-line retail store services featuring game software, video games, computer games, and game programs.
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.

International Class 038:  Streaming of audio, visual and audiovisual material via a global computer network; video on demand transmissions; audio, video and multimedia broadcasting via the Internet and other communications networks; webcasting services via global and local computer networks; transmission of messages, data and content via the Internet and other communications networks; providing online chat rooms, bulletin boards and online forums for transmission of messages, information, and multimedia content among users over the Internet; computer transmission of information accessed via a code or a terminal; voice chat and web messaging services.
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.

International Class 041:  Entertainment services, namely, providing on-line computer games; Entertainment services, namely, providing on-line video games; Entertainment services, namely, providing on-line interactive multiplayer video games; Entertainment services, namely, providing temporary use of non-downloadable computer and video games; providing on-line non-downloadable electronic games that may be accessed via a global computer network; Entertainment services, namely, arranging and conducting of competitions in the field of electronic games; providing online news and information in the field of electronic games; Gaming services in the nature of conducting online computer game tournaments; providing a web-based system and on-line portal for customers to participate in on-line gaming.
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2324717.

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 11/13/1996, and in commerce at least as early as 11/13/1996.

Miscellaneous Statement
The "USE OF THE MARK IN ANOTHER FORM" claim is relevant to class 41 services.


For informational purposes only, applicant's website address is: http://www.blizzard.com

The owner's/holder's proposed attorney information: Daniel A. Kohler. Daniel A. Kohler of Blizzard Entertainment Legal Dept., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1 Blizzard Way
      Irvine, California 92618
      United States
      949-955-1380(phone)
      949-725-0125(fax)
      dkohler@blizzard.com

Daniel A. Kohler 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:

Daniel A. Kohler

PRIMARY EMAIL FOR CORRESPONDENCE: dkohler@blizzard.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): terry.kiel@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 $1400 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: /Daniel Kohler/   Date: 03/30/2021
Signatory's Name: Daniel A. Kohler
Signatory's Position: Attorney of record, CA bar member
Signatory's Phone Number: 949-955-1380
Signature method: Signed directly within the form
Payment Sale Number: 90613293
Payment Accounting Date: 03/30/2021

Serial Number: 90613293
Internet Transmission Date: Tue Mar 30 18:54:28 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20210330185428392
493-90613293-77072b6f991a3ebd3efe164b6c8
f383fe1d4454956bcae9d4fe8c2b1dcbc94792-D
A-54280115-20210330182543052552