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: 97650729

Filing Date: 10/27/2022

To the Commissioner for Trademarks:

MARK: EMBERSTORIA OVERWRITE (Standard Characters, see below )

The literal element of the mark consists of EMBERSTORIA OVERWRITE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Kabushiki Kaisha Square Enix, TA Square Enix Co., Ltd., a corporation of Japan, having an address of
      6-27-30 Shinjuku, Shinjuku-ku
      Tokyo 160-8430
      Japan
      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 game software; recorded computer game software; downloadable video game software; recorded video game software; downloadable virtual reality game software; recorded virtual reality game software; sound recordings in the form of optical discs, magnetic discs and semiconductor ROMs all featuring music and fictional stories; audio visual recordings in the form of optical discs, magnetic discs and semiconductor ROMs all featuring music and animated fictional stories; prerecorded compact discs featuring music; prerecorded video discs featuring music and animated fictional stories; mouse pads; straps for cellular phones; downloadable musical sound recordings; downloadable ring tones for mobile phones; downloadable image files containing artwork, text, graphics and photographs relating to video games, animated characters, card games, computer games, comics, novels, and magazines; downloadable wallpaper graphics for mobile phones; downloadable electronic publications in the nature of magazines, journals and newsletters in the field of computer games and video 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 Japan application number 2022-049764, filed 04/28/2022.
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 016:  Printed computer game strategy guidebooks; printed video game strategy guidebooks; printed song books; printed books in the field of art; printed musical score books; printed comic books; printed magazines featuring information about computer games and video games; printed posters; stickers; printed calendars; postcards; stationery; collectable printed trading cards; printed trading cards, other than for games; printed photographs.
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 Japan application number 2022-049764, filed 04/28/2022.
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 028:  Dolls; toy figures; plush toys; stuffed toys; inflatable toys; toy scale model kits; toy vehicles; toy guns; toy swords; playing cards; card games; trading cards for games; board games; jigsaw puzzles; hand held units for playing video games other than those adapted for use with an external display screen or monitor; game controllers for computer video game consoles; trading card games; playing cards for trading card 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 Japan application number 2022-049764, filed 04/28/2022.
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:  Providing amusement facilities; providing amusement facilities for virtual reality via global communication networks; providing amusement facilities and play facilities for virtual reality using computer graphics; amusement arcades; virtual reality arcade services; providing on-line computer games; providing on-line video games; providing information on computer game strategies and video game strategies via computer networks and global communication networks; providing information on entertainment in the field of computer games, video games, card games, animated cartoons, comics, novels and magazines; providing on-line non-downloadable comics; providing on-line non-downloadable magazines, journals and newsletters in the field of computer games, video games, cartoons and general entertainment; arranging, conducting and organization of concerts and music events for social entertainment purposes; providing on-line non downloadable images and pictures in the field of computer games, video games and cartoons; providing on-line music, not downloadable; providing on-line non downloadable audio and video content in the field of computer games, video games, cartoons and general entertainment; musical entertainment services, namely, providing live performances by musical bands, theater performances by virtual performers on screen and theatrical performances of a recorded concert; providing information on musical performances and presentation of films; provision of data concerning items used in online 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 Japan application number 2022-049764, filed 04/28/2022.
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: Karen Lim. Other appointed attorneys are and all other attorneys in the firm. Karen Lim of Fross Zelnick Lehrman & Zissu, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      151 West 42nd Street, 17th Floor
      New York, New York 10036
      United States
      klim-docket@fzlz.com
The docket/reference number is KKSE 2222363.
Karen Lim 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 Fross Zelnick Lehrman & Zissu, P.C. of Fross Zelnick Lehrman & Zissu, P.C.
      151 West 42nd Street, 17th Floor
      New York New York 10036
      United States
      klim-docket@fzlz.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:

Karen Lim

PRIMARY EMAIL FOR CORRESPONDENCE: klim-docket@fzlz.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

Declaration Signature
The attached signature image file:
\\TICRS\EXPORT18\IMAGEOUT18\976\507\97650729\xml1\APP0003.JPG



Signatory's Name: Watanabe, Hiroki
Signatory's Position: Senior Manager of Legal & Intellectual Property Division
Signatory's Phone Number: Not Provided
Signature method: Handwritten
Payment Sale Number: 97650729
Payment Accounting Date: 10/27/2022

Serial Number: 97650729
Internet Transmission Date: Thu Oct 27 13:53:16 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022102713531650
3909-97650729-820c231a494a64e6c12cb55704
fe7888e5e255b78944dd623b812ebcb6163fb88-
DA-53162870-20221027135041411463