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: 97843292

Filing Date: 03/16/2023

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of a rectangular block with the words CLOUD CHAMBER above five adjacent smokestacks of varying height and width and an outline of a face forming the right edge of the block, and each smokestack depicts smoke rising to form a single cloud above the block.
The applicant, Take-Two Interactive Software, Inc., a corporation of Delaware, having an address of
      110 West 44th Street
      New York, New York 10036
      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:  Recorded computer game and video game programs and software; downloadable computer and video game programs and software; downloadable digital materials, namely, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games, all delivered via global computer networks and wireless devices; pre-recorded digital media devices featuring computer games and video games, ring tones, wallpapers, screensavers, digital music files, and graphics, videos, films, multimedia files, live action programs, motion pictures, and animation in the field of video games and computer games; pre-recorded USB flash drives featuring computer games and video games; cases for mobile phones and tablet computers; mouse pads; pre-recorded electronic media devices featuring music, namely, compact discs, and phonograph records featuring computer games and video games; downloadable computer application software for mobile phones, portable media players, tablet computers, and handheld computers namely, downloadable computer and video game software
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.

International Class 016:  Printed materials, namely, manuals, pamphlets, booklets, books, magazines, posters and guides in the field of computer and video games strategy and information
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.

International Class 025:  Clothing, namely, shirts, t-shirts, sweatshirts, pants, casual and leisure jackets; headwear, namely, hats and caps; none of the aforesaid in relation to exercise and running wear
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.

International Class 041:  Entertainment services, namely, providing online computer games and video games, providing a website featuring computer games and video games, and news, information, tips, hints, contests, computer interface themes, computer enhancements, audio-visual content, in the nature of music, films, videos, television programs, animated series, and multimedia entertainment content, all in the field of computer games and video games; providing information, news and commentary 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.

International Class 042:  Design and development of computer games software
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.



Miscellaneous Statement
The applicant is the owner of U.S. Serial No. 88638295


The owner's/holder's proposed attorney information: Andrea L. Calvaruso. Other appointed attorneys are Patricia L. Werner, Kelli D. Ortega and all other attorneys of Kelley Drye & Warren LLP. Andrea L. Calvaruso of Kelley Drye & Warren 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
      3 World Trade Center
      175 Greenwich Street
      New York, New York 10007
      United States
      212-808-7800(phone)
      212-808-7897(fax)
      trademarks@kelleydrye.com
The docket/reference number is 019321-5679.
Andrea L. Calvaruso 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:

Andrea L. Calvaruso

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@kelleydrye.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cgarcia@kelleydrye.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 $1750 has been submitted with the application, representing payment for 5 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: /patricialwerner/   Date: 03/16/2023
Signatory's Name: Patricia L. Werner
Signatory's Position: Attorney of record, New York bar member, Kelley Drye & Warren LLP
Signatory's Phone Number: 212-808-7800
Signature method: Signed directly within the form
Payment Sale Number: 97843292
Payment Accounting Date: 03/16/2023

Serial Number: 97843292
Internet Transmission Date: Thu Mar 16 20:51:03 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202303162051053
53784-97843292-8605569c4c63ac86338bbb0ee
57bb6621c9f66de6e58de9f3b9857b6bcf1be7d2
d1-CC-51048504-20230316201624193246