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: 97775021

Filing Date: 01/31/2023

To the Commissioner for Trademarks:

MARK: HI-FI RUSH (stylized and/or with design, see mark)
The literal element of the mark consists of HI-FI RUSH. The applicant is not claiming color as a feature of the mark. The mark consists of the word "HI-FI" stacked over top of the word "RUSH" in a stylized font with a broken glass effect that creates breaks throughout the font originating from the lower left corner of the R.
The applicant, ZeniMax Media Inc., a corporation of Delaware, having an address of
      1370 Piccard Drive
      Rockville, Maryland 20850
      United States
      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 mobile application software, namely, downloadable electronic game programs; downloadable computer game software for use with on-line interactive games; downloadable video game programs for mobile devices; downloadable electronic game programs; downloadable electronic game software; downloadable computer game programs; downloadable interactive game programs; downloadable interactive game software; downloadable computer game software offered via the internet and wireless devices; downloadable computer game software for use with computers and video game consoles; downloadable computer and video game software offered via the internet and wireless devices; pre-recorded electronic media devices featuring downloadable computer game software for use with computers and video game consoles; pre-recorded digital media in the nature of CD-ROMs and DVDs featuring computer games and video games, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, motion pictures, and animation in the field of video games and computer games; downloadable digital media, namely, downloadable images, downloadable artwork, downloadable text files, downloadable audio files, downloadable video files, downloadable game software, and downloadable motion pictures, all in the field of video games and computer 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 018777512, filed 10/17/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 041:  Entertainment services, namely, providing on-line interactive computer games; online interactive games accessible via mobile phones and wireless devices; entertainment services, namely, providing information and entertainment in the nature of news, information, non-downloadable art pictures, non-downloadable video clips, and non-downloadable trailers relating to electronic computer games via the Internet; providing non-downloadable electronic publications in the nature of books, magazines, journals and newspapers in the field of novels, comics and cartoons; movie film production; movie film distribution; television show production; rental of amusement machines and apparatus; rental of game machines and apparatus.
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 018777512, filed 10/17/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.





The owner's/holder's proposed attorney information: April L. Besl. Other appointed attorneys are Karen K. Gaunt, Govinda M. Davis, Luke S. Curran, Michael Frey, Jessica Goedel, Emily Douglass, Gary M. Donohue, James A. Theo, Kayla Tyler, Nivita Beri, Andrew Hilton. April L. Besl of Dinsmore & Shohl 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
      255 East Fifth Street, Suite 1900
      Cincinnati, Ohio 45202
      United States
      513-977-8527(phone)
      April.Besl@Dinsmore.com
The docket/reference number is TM-12245.
April L. Besl 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:

April L. Besl

PRIMARY EMAIL FOR CORRESPONDENCE: April.Besl@Dinsmore.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): DSMSTrademarks@Dinsmore.com; MSDocketing@Dinsmore.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 $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: /april l besl/   Date: 01/31/2023
Signatory's Name: April L. Besl
Signatory's Position: Attorney of Record, Ohio Bar Member
Signatory's Phone Number: 513-977-8527
Signature method: Sent to third party for signature
Payment Sale Number: 97775021
Payment Accounting Date: 01/31/2023

Serial Number: 97775021
Internet Transmission Date: Tue Jan 31 16:18:53 ET 2023
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20230131161854411
790-97775021-860b61b8494225cf78564c0a34a
b41851aacd6e92a9333d37cc50ba8c5bb66cb-CC
-18530941-20230130122807311324