Application

PTO- 1478

Approved for use through 08/31/2021. 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 08/31/2021. 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: 90867634

Filing Date: 08/05/2021

To the Commissioner for Trademarks:

MARK: THE DARK PICTURES SWITCHBACK (stylized and/or with design, see mark)
The literal element of the mark consists of THE DARK PICTURES SWITCHBACK. The applicant is not claiming color as a feature of the mark. The mark consists of the term "THE DARK PICTURES" in smaller stylized font stacked on top of the letters "SWI" in the term "SWITCHBACK" in stylized bigger font. On the upper left of the mark, there is a left-facing skull with a compass inside of it.
The applicant, Supermassive Games Limited, a Limited Company legally organized under the laws of United Kingdom, having an address of
      1 Farnham Road
      Guildford, Surrey GU24RG
      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:  Games software; interactive games software; computer game software; video game software; virtual reality games software; downloadable computer game software; downloadable video game software; downloadable virtual reality games software; interactive entertainment computer software for video games; data recorded electronically from the Internet, namely, recorded computer game programs; data recorded in machine readable form from the Internet, namely downloadable video game data via the internet; discs, tapes, cartridges, and CD-ROMs, all bearing computer games software or video games; computer software and hardware apparatus for downloading, transmitting, receiving, providing, publishing, extracting, encoding, decoding, reading, storing and organizing audiovisual, videographic and written data; computer software for gathering, processing, monitoring, analyzing, managing and reporting information; computer software for gathering, processing, monitoring, analyzing, managing and reporting information concerning usage and performance of software, applications, computer and video games, websites, virtual worlds and audio visual content; computer software for gathering, processing, analyzing, managing and reporting information concerning online, internet and web site activity; computer software for designing, developing, modifying and improving computer software, applications, computer and video games, websites and audio visual content; information stored on electronic, magnetic and/or by optical means, namely, CDs and DVDs; publications in electronic form supplied on-line from a database and from facilities provided on the Internet and other networks and websites, namely, downloadable electronic publications in the nature of magazines in the field of video games; downloadable electronic publications in the nature of magazines in the field of video games; electronic notice boards; downloadable applications for mobile devices; software applications for mobile devices; digital music downloadable from the internet; musical recordings in the form of discs; audio books; downloadable image files; sunglasses; cases, straps and chains for sunglasses; camera cases; mobile phone covers and cases; leather cases for mobile phones; mobile telephone games; mobile telephone fascias and covers; laptop carrying cases; cases adapted for tablet computers; computer mouse pads; decorative magnets; fridge magnets; podcasts; downloadable sound recordings; software for providing emoticons
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 UK00003677266, filed 08/04/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 041:  Entertainment services, namely, providing electronic, computer and video games provided by means of the Internet; internet games, namely, providing non-downloadable computer games via the internet; organizing of games; Providing online video games; Entertainment services sharing computer games; Provision of online computer games; provision of non-downloadable computer games played via a global computer network; providing interactive entertainment services, namely, providing temporary use of non-downloadable electronic games; Providing interactive multi-player computer games via the internet and electronic communication networks; arranging and conducting competitions for video game and e-sports players; entertainment services, namely, arranging, organizing and producing live gaming and e-sports events and competitions; organizing, conducting and operating video game tournaments; organization of gaming competitions, namely, organizing electronic, computer and video game competitions; education and entertainment services, namely, the provision of entertainment information by computer networks, television, mobile telephone, and cable and other electronic means; preparation, editing and production of cinematographic, televisual, digital and motion picture films, radio and television programs; entertainment services in the form of electronic, computer and video games provided by means of the Internet, mobile telephone and other remote communications device; Publishing of interactive computer and video game software; multimedia publishing of computer and video games and computer and video games software; video game player information, including information regarding a player's identity and the player's preferences via a customized website; publishing of entertainment and educational software; advisory and consultancy services in connection with the foregoing
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 UK00003677266, filed 08/04/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Computer programming services; Computer software development consisting of the design, maintenance, programming, engineering, research and writing software services; advisory and consultancy services relating to computer software and computer software development, design, maintenance, consultancy, programming, engineering, research and writing; computer software development, design, maintenance, consultancy, programming, engineering, research and writing; computer and video games development; virtual reality computer and video games development; creation of computer graphics, namely, computer graphics design services; computer game design services; design and development services in relation to computer and video games and interactive entertainment products; Computer programming of video and computer games; computer design consultancy services relating to the production of computer and video games and interactive entertainment products; social network software and virtual worlds software development, hosting and software configuration management; Computer services, namely, gathering, processing, monitoring, analyzing, and reporting information concerning usage and performance of software, applications, computer and video games, websites, virtual worlds and computer based audio visual content of others; computer services, namely, gathering, processing, analysing, managing and reporting information concerning online, internet and web site activity of others; services for data mining and software data analysis; Computer services, namely, designing, developing, modifying and improving computer software, applications, computer and video games, and websites; development of computer software that performs the above functions to others; software development, design, maintenance, software programming, engineering, research and writing in the field of computer and video games; advisory and consultancy services relating to computer and video games software; collection, analysis and reporting of data concerning usage and performance of software, applications, computer and video games, websites, virtual worlds and audio visual content of others; installation, maintenance, repair and servicing of computer software testing of computer games programs and video games programs; product quality control testing services; certification and authentication services; up-dating of computer games programs and video games programs; advisory and consultancy services relating to the foregoing
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 UK00003677266, filed 08/04/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Maya L. Tarr. Other appointed attorneys are Tiffany Woo, Bela Amladi. Maya L. Tarr of Proskauer Rose LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Eleven Times Square
      New York, New York 10036-8299
      United States
      212-969-3000(phone)
      212-969-2900(fax)
      mtarr@proskauer.com
The docket/reference number is 70407-TBD.
Maya L. Tarr 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:

Maya L. Tarr

PRIMARY EMAIL FOR CORRESPONDENCE: mtarr@proskauer.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@proskauer.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 $1050 has been submitted with the application, representing payment for 3 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: /Maya L. Tarr/   Date: 08/05/2021
Signatory's Name: Maya L. Tarr
Signatory's Position: Attorney of Record, NY bar member
Signatory's Phone Number: 212-969-3000
Signature method: Sent to third party for signature
Payment Sale Number: 90867634
Payment Accounting Date: 08/05/2021

Serial Number: 90867634
Internet Transmission Date: Thu Aug 05 16:32:00 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20210805163200
601308-90867634-7815ca5f55cf2ee3dee8f830
25e69b73ba94f542726a72cdcc62c3dee8d8598c
f-DA-32002859-20210805151215899925