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: 97592820

Filing Date: 09/15/2022

To the Commissioner for Trademarks:

MARK: GAMESCALE (Standard Characters, see mark)
The literal element of the mark consists of GAMESCALE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, NEXON KOREA CORPORATION, a corporation of Korea, South, having an address of
      7, Pangyo-ro 256 beon-gil
      Bundang-gu, Seongnam-si
      Gyeonggi-do 13487
      Korea, South
      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:  Computer programs, namely, downloadable virtual reality game software and downloadable computer game programs; Downloadable or recorded computer application software for mobile phones, namely, software for installing and playing games on mobile phones; Downloadable or recorded computer game software; Downloadable or recorded computer software, namely, computer game software for use on mobile and cellular phones; Video game cartridges; Downloadable electronic books in the field of online computer games; Downloadable image files containing cartoons and symbols for display on mobile phones; Downloadable multimedia file containing artwork, text, audio, video, games, and the Internet Web links relating to animation and animated cartoons, animated films and animated television programs; Downloadable multimedia file containing artwork, text, audio, video, games, and the Internet Web links relating to online electronic games, video games and computer games programs; Downloadable or recorded image files containing artwork, text, audio, video, games, and the Internet Web links relating to animation and animated cartoons, animated films and animated television programs; Downloadable or recorded computer software for application programming for broadcasting, transmitting, receiving, accessing, editing, viewing, uploading, downloading, sharing, integrating, decoding, displaying, formatting, storing, transferring and streaming data, text, games, game content, digital media, images, audio, video in online games; Downloadable or recorded software development kits, namely, computer software development solutions in the field of computer games, Non-Fungible Tokens (NFTs) and virtual money; Downloadable or recorded computer software development tools in the field of computer games, Non-Fungible Token (NFT) and virtual money, user interface (UI) design; Downloadable or recorded computer application programs for the creation of game, moving picture, sound contents, electronic publications, websites; Downloadable or recorded computer software for generating program codes for integration software package development; Downloadable or recorded software for platforms for issuance, trading, management of Non-Fungible Tokens (NFTs) and virtual money; Downloadable or recorded computer software for issuance of electronic tokens, in-game tokens and currency used in gaming and virtual currency; Downloadable or recorded software for electronic financial transaction platforms for trading of virtual currency, electronic tokens, Non-Fungible Tokens (NFTs), digital assets; Downloadable or recorded computer software for exchange of electronic tokens, in-game tokens and currency used in gaming and virtual currency; Downloadable or recorded computer software for redemption of electronic tokens; Downloadable or recorded computer software for brokerage of electronic tokens, in-game tokens, and currency used in gaming, and virtual currency; Security tokens in the nature of encryption devices; Downloadable publications in electronic form, namely, electronic tokens in the nature of encoded tokens; Downloadable or recorded computer software, namely, software development, maintenance, operation and update tools for online games; Downloadable or recorded computer software for collecting and analyzing critical data generated during online game operation; all of the foregoing expressly excluding gambling related goods and 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.

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 Korea, South application number 2022-0163180, filed 09/02/2022.
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 038:  Providing on-line chat rooms for social networking; Providing on-line forums and chat rooms for games, e-sports, sport competitions and e-sport competitions; Providing on-line forums for connection and organization of game players or teams in on-line games; Providing on-line chat rooms for transmission of messages, comments, multimedia contents among users; Providing on-line community forums for users to form virtual communities via the Internet and mobile devices; Streaming of games, digital media content on the Internet; Streaming of games, e-sports, digital media contents on the Internet; Streaming of audio and video data on the Internet; Streaming of information and video in relating to games via websites; Transmission of visual contents via the Internet; Providing access to the Internet platform; Electronic data transmissions and streaming of digital media content for others via global and local computer networks; all of the foregoing expressly excluding gambling related goods and 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.

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 Korea, South application number 2022-0163181, filed 09/02/2022.
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:  Gaming services, namely, providing on-line non-downloadable game software from a computer network or mobile phone network; Online game services provided via mobile applications, namely, providing on-line computer games; Providing game services through mobile devices; Information relating to computer gaming entertainment provided on-line from a computer database or a global communication network; Providing information in the field of computer games entertainment; Providing information relating to electronic game services; Providing on-line computer games, in which electronic game players physically remote can communicate, play, match with other selected players; Entertainment services, namely, providing of non-downloadable video game software that allows users to make, modify, upload, download, share, preview, publish user-created interactive video game contents, music, other media files via global computer network, the Internet, wireless network; Agency services for planning online games services for others; agency services for developing online games for others; Agency services for providing online games for others; Agency services for operation of real-time online games for others via the Internet, mobile platform and local area computer network; Agency services for management of online games services for others; Agency services for updating online games for others; Supporting services for planning online games; Supporting services for developing online games; Supporting services for providing online game; Supporting services for operation of real-time online games for others via the Internet, mobile platform and local area computer network; Supporting services for management of online games services; Supporting services for updating online games; all of the foregoing expressly excluding gambling related goods and 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.

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 Korea, South application number 2022-0163182, filed 09/02/2022.
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:  Provision of information, advice and consultancy in the field of computer software; Platform as a Service (PAAS) featuring computer software platforms for uploading, posting, showing, displaying, sharing or providing electronic media, information in the field of electronic games and for producing, collaborating with others to create games and game applications via the Internet; Platform as a Service (PAAS) featuring a computer software platform for use in design, development, modification and development of computer software, application, computer and video games, websites, audiovisual contents; Development, design, maintenance, programming, engineering, research and input of software for use in production of video content, sound content, electronic publication, website; Provision virtual graphic processing apparatus in the field of games; Provision of technical information about software applications, computer and video games, computer and video game competitions, websites, including comparing analysis research on performance, competency of audiovisual contents based on virtual world and computer; Development of computer software in the field of virtual money; Development of computer software in the field of electronic token, non-fungible tokens (NFTs); Data encryption services; Development of blockchain technology; Analysis of virtual currency and cryptocurrency; Analysis of digital currency, electronic token, non-fungible tokens (NFTs); Monitoring electronic blockchain mining device; Analysis of virtual currency technology data based blockchain; Software as a service (SAAS) services featuring software used for digital asset research, digital asset market and services, data storage, virtual currency, digital tokens; Development, update and provision of software for issuance, exchange, distribution, payment of electronic token; Development, update and provision of software for display and transmission, broadcasting, streaming, visualization, operations of digital media contents; Development, updating and providing of software for visualization, operation and participation of online virtual environment; Development, update and provision of software for multi-player game, cooperative game, transmission, broadcasting, streaming of digital media contents; Creation, update and provision of software for messaging, communication and social networking; Development, update and provision of software for accessing online virtual environment that enables users to interact with each other for leisure or entertainment purposes; Creating an on-line community in the field of entertainment, video games and video game players, for registered users to participate in discussions and obtain feedback from similar participants and form virtual communities and engage in social networking services; Providing platforms on the Internet for online contents; Development of online computer game software for others; Updating of online computer game software for others; Technical support services, namely, online computer game software development for others; Technical support services, namely, online computer game updating for others; Updating and adapting of computer software programs according to user requirements; all of the foregoing expressly excluding gambling related goods and 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.

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 Korea, South application number 2022-0163183, filed 09/02/2022.
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: Cathleen E. Stadecker. Other appointed attorneys are Peter Kunin, William J. Morris III, Jennifer J. Drake. Cathleen E. Stadecker of Downs Rachlin Martin PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      199 Main Street, PO Box 190
      Burlington, Vermont 05402-0190
      United States
      802-863-2375(phone)
      802-862-7512(fax)
      tmip@drm.com
The docket/reference number is 12938234UST1.
Cathleen E. Stadecker 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:

Cathleen E. Stadecker

PRIMARY EMAIL FOR CORRESPONDENCE: tmip@drm.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: /Cathleen E. Stadecker/   Date: 09/15/2022
Signatory's Name: Cathleen E. Stadecker
Signatory's Position: Attorney for Applicant, VT and CA bar member
Signatory's Phone Number: 802-846-8618
Signature method: Sent to third party for signature
Payment Sale Number: 97592820
Payment Accounting Date: 09/15/2022

Serial Number: 97592820
Internet Transmission Date: Thu Sep 15 14:43:47 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202209151443483
79297-97592820-8201dd369d15b9fef70aa5de2
676ec6f2c86d01e16d49cea82c26db028a095865
2-CC-43471355-20220915100923151641