Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97094743

Filing Date: 10/27/2021

To the Commissioner for Trademarks:

MARK: VIRTEX (Standard Characters, see mark)
The literal element of the mark consists of VIRTEX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Virtex Entertainment Limited, a private limited company legally organized under the laws of United Kingdom, having an address of
      71-75 Shelton Street
      Covent Garden, London WC2H9JQ
      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:  Application software; downloadable application software; mobile application software; downloadable applications for mobile devices; software applications for mobile devices; Application software for smart phones; application software for mobile phones; computer software applications; application software for smart TV; application software for wireless devices; application software for cloud computing services; software for virtual and augmented reality headsets; Virtual and augmented reality software for playing virtual and augmented reality games; games software; interactive games software; computer game software; video game software; virtual and augmented reality games software; downloadable computer game software; downloadable video game 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; electronic amusement apparatus, namely, electronic circuits recording programs for amusement apparatus for use with liquid crystal screens; 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

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 UK00003640508, filed 05/12/2021.

Based on Foreign Registration: 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 will submit a copy of United Kingdom registration number 3640508, and/or proof of renewal, registered 10/01/2021 with a renewal date of __________ and an expiration date of 05/12/2031, and translation thereof, if appropriate.

International Class 038:  Video transmission services; Transmission of videocasts; Video transmission via digital networks; Transmission of sound, video and information; Transmission of data, audio, video and multimedia files; Computer-aided transmission of data; Transmission of interactive entertainment software; Mobile media services in the nature of electronic transmission of entertainment media content; Electronic transmission of data and information via a global computer network; providing online access to computer networks, computer databases, the Internet, on-line bulletin boards, virtual worlds, virtual worlds including user generated characters, and libraries of text, graphics and audio-visual and multimedia information and entertainment; providing on-line electronic bulletin board services and chat rooms; providing of an on-line service enabling physically remote players of electronic games to communicate with selected players; telecommunication and broadcasting services; broadcasting via the Internet, mobile phone networks and other telecommunications networks; telecommunication services for the collection and supply of information; facilitating access to a worldwide computer and/or telecommunications networks for downloading computer software and information; transmission of information via local and/or global computer and/or telecommunication networks; providing access to advertising, news, information and audio, video, text and other multimedia content, via local and/or global computer and/or telecommunications networks; provision of electronic communication links; provision of telecommunications connections and access to the Internet and/or computer databases; receipt and/or delivery of messages, documents and other data by electronic transmission; providing on-line chat room for transmission of messages among computer users concerning topics; communication and broadcasting of information and advertising by computer, computer terminals, the Internet, television, mobile communications device, telegraphy, telephone, wireless communications device or other electronic means; Internet communication services; audio visual communication services; communication services for the transmission of advertising, images, text and data, information, voices, sound and data; provision of information relating to communications; information, advisory and consultancy services relating to the aforesaid

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 UK00003640508, filed 05/12/2021.

Based on Foreign Registration: 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 will submit a copy of United Kingdom registration number 3640508, and/or proof of renewal, registered 10/01/2021 with a renewal date of __________ and an expiration date of 05/12/2031, and translation thereof, if appropriate.

International Class 041:  Online gaming services; Virtual and augmented reality game services provided on-line from a computer network; Information relating to computer gaming entertainment provided online from a computer database or a global communication network; entertainment services, namely, providing electronic, computer and video games provided by means of the Internet; internet games, namely, providing non- downloadable games of chance via the internet; Virtual and augmented reality arcade services; organizing of 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; 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; 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

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 UK00003640508, filed 05/12/2021.

Based on Foreign Registration: 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 will submit a copy of United Kingdom registration number 3640508, and/or proof of renewal, registered 10/01/2021 with a renewal date of __________ and an expiration date of 05/12/2031, and translation thereof, if appropriate.

International Class 042:  Application software development; Development of virtual and augmented reality software; Design of virtual and augmented reality software; Design and development of computer game software and virtual and augmented reality software; Computer software development; Hosting multimedia entertainment content; Hosting of multimedia applications; Computer hardware development; design and development of computer software and hardware; development of hardware for video games; development of computer hardware and software; development of computer software for computer games; development of hardware for digital signal processing; development of hardware for audio and video operators; development of hardware for processing and distribution of multimedia contents; development of hardware for use in connection with electronic and interactive multimedia games; video game software development; Image processing software development; development of virtual and augmented reality software; design and development of virtual and augmented reality software; development of interactive multimedia software; 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; 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 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

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 UK00003640508, filed 05/12/2021.

Based on Foreign Registration: 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 will submit a copy of United Kingdom registration number 3640508, and/or proof of renewal, registered 10/01/2021 with a renewal date of __________ and an expiration date of 05/12/2031, and translation thereof, if appropriate.



The owner's/holder's proposed attorney information: William C. Wright. Other appointed attorneys are Annmary Ittan, Samuel T. Kilb, Kimberly A. Klibert, Dwana Dixon, and Jesse R. Bader. William C. Wright of Epstein Drangel 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
      60 EAST 42ND STREET, SUITE 2520
      NEW YORK, New York 10165
      United States
      212-292-5390(phone)
      mail@ipcounselors.com

William C. Wright 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 Epstein Drangel LLP
      60 EAST 42ND STREET, SUITE 2520
      New York New York 10165
      United States
      212-292-5390(phone)
      mail@ipcounselors.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:

William C. Wright

PRIMARY EMAIL FOR CORRESPONDENCE: mail@ipcounselors.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Signatory's Phone Number: Not Provided
Payment Sale Number: 97094743
Payment Accounting Date: 10/27/2021

Serial Number: 97094743
Internet Transmission Date: Wed Oct 27 10:55:05 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202110271055057
28875-97094743-7813039288c323deb66fdcc70
61e5338316112c2fc22dc5549adff2ac57b7a64-
CC-55043781-20211027103906344903