Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90658341

Filing Date: 04/20/2021

To the Commissioner for Trademarks:

MARK: DYING LIGHT 2 STAY HUMAN (Standard Characters, see mark)
The literal element of the mark consists of DYING LIGHT 2 STAY HUMAN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Marchewka Trademark Holder Sp. j., a partnership legally organized under the laws of Poland, having an address of
      Zolkiewskiego 3
      Ostrow Wielkopolski 63-400
      Poland
      +48-502294530(phone)
      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:  Cases for mobile phones; Cinematographic films featuring computer games; Computer game cartridges; Computer game discs; Computer peripheral devices; Digital music downloadable from the Internet; Downloadable computer application software for mobile phones, namely, software for computer games; Downloadable computer game instruction manuals; Downloadable computer game software; Downloadable computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images, and moving pictures; Downloadable electronic game programs; Downloadable electronic game software; Downloadable electronic game software for use on mobile and cellular phones and handheld computers; Downloadable interactive game programs; Downloadable interactive multimedia computer game programs; Downloadable multimedia file containing artwork, text, audio, video, games, and Internet Web links relating to interactive, video, electronic and mobile games; Downloadable music files; Downloadable video game programs; Downloadable video game software; Electronic personal organizer; Fitted plastic films known as skins for covering and protecting electronic apparatus, namely, mobile phones; Graphics cards; Headsets for use with computers; Mobile phone straps; Mouse pads; Recorded computer application software for mobile phones, namely, software for computer games; Recorded computer game software; Recorded video game software; Recorded video 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.

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 European Union Trademark - EUTM application number 018447723, filed 04/06/2021.
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:  Entertainment services, namely, providing on-line computer games; Entertainment services, namely, providing online electronic games; Entertainment services, namely, providing online video games; Entertainment services, namely, providing temporary use of non-downloadable computer games; Entertainment services, namely, providing temporary use of non-downloadable electronic games; Entertainment services, namely, providing temporary use of non-downloadable interactive games; Entertainment services, namely, providing temporary use of non-downloadable video games; Entertainment in the nature of computer games tournaments; Providing information on-line relating to computer games and computer enhancements for 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 European Union Trademark - EUTM application number 018447723, filed 04/06/2021.
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: Marcus Stephen Harris. Marcus Stephen Harris of Taft Stettinius & Hollister LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 2800
      111 E. Wacker
      Chicago, Illinois 60601
      United States
      312-840-4320(phone)
      mharris@taftlaw.com

Marcus Stephen Harris 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 Marcus Stephen Harris of Taft Stettinius & Hollister LLP
      111 E. Wacker
      Suite 2800
      Chicago Illinois 60601
      United States
      312-840-4320(phone)
      mharris@taftlaw.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:

Marcus Stephen Harris

PRIMARY EMAIL FOR CORRESPONDENCE: mharris@taftlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmtaftdocket@taftlaw.com; anna.rokicka@ipwillowtree.pl 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 $700 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: /msh/   Date: 04/20/2021
Signatory's Name: Marcus Stephen Harris
Signatory's Position: Attorney of record, Illinois bar member and Domestic Representative
Signatory's Phone Number: 312-840-4320
Signature method: Signed directly within the form
Payment Sale Number: 90658341
Payment Accounting Date: 04/20/2021

Serial Number: 90658341
Internet Transmission Date: Tue Apr 20 16:15:50 ET 2021
TEAS Stamp: USPTO/BAS-X.XX.XXX.X-2021042016155034788
4-90658341-770f460ce8f1579de4dfda159ea6a
8ce82890f4c2aa26aba015a3f393413bf2f-DA-1
5502872-20210420161437530733