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: 97851490

Filing Date: 03/22/2023

To the Commissioner for Trademarks:

MARK: FAB (stylized and/or with design, see mark)
The literal element of the mark consists of FAB. The applicant is not claiming color as a feature of the mark. The mark consists of the word "FAB" centered across an oval that is slanted to the right. Black is used for the background but is not claimed as a feature of the mark.
The applicant, Epic Games, Inc., a corporation of Maryland, having an address of
      620 Crossroads Boulevard
      Cary, North Carolina 27518
      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 software for uploading, downloading, publishing, viewing, and sharing interactive three-dimensional (3D) models; downloadable software for use in the creation of computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; downloadable software for use in the creation of fully immersive and interactive animations, simulations, and visualizations; downloadable virtual goods, namely, computer programs featuring digital assets and content for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; downloadable virtual goods, namely, computer programs featuring textures, meshes, models, rigs, graphics, images, videos, audio content, multimedia content, projects, packages, datasets, blueprints, assets, asset data, point clouds, and other digital content for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; downloadable virtual goods, namely, computer programs featuring props, set pieces, buildings, structures, environments, terrains, foliage, landscapes, avatars, characters, character packs, character animations, character effects, heroes, warriors, adversaries, clothing, accessories, outfits, skins, wraps, pets, vehicles, weapons, tools, armor, abilities, emotes, gestures, dialogue, and sounds for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; downloadable graphics for computers, namely, 2D and 3D images for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; downloadable computer software programs featuring animations, audio and visual effects, special effects, animation blueprints, maps, elements, audio packs, sounds, sound cues, and audio files for use in the creation of computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; downloadable software featuring digital human and non-human characters and representations for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; downloadable 3D and virtual goods, namely, computer programs featuring digital content for use in 3D and virtual environments; downloadable virtual goods, namely, computer programs featuring digital content for use in creating and participating in online virtual worlds; downloadable graphics for computers, namely, images for use in creating and participating in virtual environments; downloadable graphics for computers, namely, images for use in an online multimedia virtual environment; downloadable graphics for computers, namely, 2D and 3D images for use in the creation of computer-generated imagery and graphics; downloadable graphics for computers, namely, 2D and 3D images for use in the creation and production of motion pictures, television shows, videos, animations, simulations, visualizations, visual media, digital media, virtual and augmented environments, and virtual, augmented, mixed reality and extended reality experiences; downloadable graphic files for use in connection with digital content creation platforms; downloadable software for use in the creation and production of multimedia content, interactive worlds, virtual reality, augmented reality, mixed reality and extended reality experiences, films, television programs, videos, and digital media in general; downloadable software for use in creating virtual, augmented, mixed reality, and extended reality experiences; downloadable computer software and electronic files consisting of interactive three-dimensional (3D) models and three-dimensional (3D) models
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 035:  Online retail store services featuring software for use in the creation of computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; online retail store services featuring software for use in the creation of fully immersive and interactive animations, simulations, and visualizations; online retail store services featuring downloadable virtual goods, namely, computer programs featuring digital assets and content for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; online retail store services featuring virtual goods, namely, computer programs featuring textures, meshes, models, rigs, graphics, images, videos, audio content, multimedia content, projects, packages, datasets, blueprints, assets, asset data, point clouds, and other digital content; online retail store services featuring graphics for computers; online retail store services featuring virtual goods, namely, computer programs featuring props, set pieces, buildings, structures, environments, terrains, foliage, landscapes, avatars, characters, character packs, character animations, character effects, heroes, warriors, adversaries, clothing, accessories, outfits, skins, wraps, pets, vehicles, weapons, tools, armor, abilities, emotes, gestures, dialogue, and sounds; online retail store services featuring graphics for computers, namely, 2D and 3D images; online retail store services featuring animations, audio and visual effects, special effects, animation blueprints, maps, elements, audio packs, sounds, sound cues, and audio files; online retail store services featuring digital human and non-human characters and representations; online retail store services featuring 3D and virtual goods, namely, computer programs featuring digital content for use in creating and participating in 3D and virtual environments; online retail store services featuring virtual goods, namely, computer programs featuring digital content for use in creating and participating in online virtual worlds; online retail store services featuring images for use in creating and participating in virtual environments; online retail store services featuring images for use in an online multimedia virtual environment; online retail store services featuring 2D and 3D images for use in the creation of computer-generated imagery and graphics; online retail store services featuring 2D and 3D images for use in the production of motion pictures, television shows, videos, animations, simulations, visualizations, visual media, digital media, virtual and augmented environments, and virtual, augmented, mixed reality and extended reality experiences; online retail store services featuring graphic files for use in connection with digital content creation platforms; online retail store services featuring software for use in the creation of multimedia content, interactive worlds, virtual reality, augmented reality, mixed reality and extended reality experiences, films, television programs, videos, and digital media in general; online retail store services featuring software for use the creation of virtual, augmented, mixed reality, and extended reality experiences; online retail store services featuring digital assets for use in the creation and production of animations, simulations, visualizations, digital media, virtual environments, and virtual, augmented, mixed reality and extended reality experiences; online retail store services featuring digital assets for use in creating virtual spaces, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; online retail store services featuring digital assets for the creation of computer-generated imagery and graphics; online retail store services featuring computer software and electronic files consisting of interactive three-dimensional (3D) models and three-dimensional (3D) models; providing a website for connecting buyers and sellers of downloadable digital art images; providing a website for connecting buyers and sellers of digital assets; providing a website for connecting buyers and sellers of digital assets for the creation of computer-generated imagery and graphics; provision of an online marketplace for connecting sellers and buyers of software and electronic files consisting of interactive three-dimensional (3D) models and three-dimensional (3D) models; operating an online marketplace featuring computer software and electronic files consisting of interactive three-dimensional (3D) models and three-dimensional (3D) models; providing a website for connecting sellers and buyers of software and electronic files consisting of interactive three-dimensional (3D) models and three-dimensional (3D) models; provision of an online marketplace for buyers and sellers of digital assets for use in the production of animations, simulations, visualizations, digital media, virtual environments, and virtual, augmented, mixed reality and extended reality experiences; provision of an online marketplace for connecting buyers and sellers of digital assets for use in the creation of virtual spaces, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments
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:  Software as a service (SAAS) services featuring software for uploading, downloading, publishing, viewing, and sharing interactive three-dimensional (3D) models; software as a service (SAAS) services featuring software for use in the creation of virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; software as a service (SAAS) services featuring software for use in the creation of fully immersive and interactive animations, simulations, and visualizations; software as a service (SAAS) services featuring software for use in the creation of multimedia content, interactive worlds, virtual reality, augmented reality, mixed reality and extended reality experiences, films, television programs, videos, and visual media; software as a service (SAAS) services featuring software for use in uploading, downloading, and publishing digital content; software as a service (SAAS) services featuring software for use in uploading, downloading, and publishing textures, meshes, models, rigs, graphics, images, videos, audio content, multimedia content, projects, packages, datasets, blueprints, assets, asset data, point clouds, and other digital content for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; software as a service (SAAS) services featuring software for use in uploading, downloading and publishing props, set pieces, buildings, structures, environments, terrains, foliage, landscapes, avatars, characters, character packs, character animations, character effects, heroes, warriors, adversaries, clothing, accessories, outfits, skins, wraps, pets, vehicles, weapons, tools, armor, abilities, emotes, gestures, dialogue, and sounds for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; software as a service (SAAS) services featuring software for uploading, downloading and publishing 2D and 3D images for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; software as a service (SAAS) services featuring software for use in uploading, downloading and publishing animations, audio and visual effects, special effects, animation blueprints, maps, elements, audio packs, sounds, sound cues, and audio files for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; software as a service (SAAS) services featuring software featuring software for uploading, downloading and publishing digital human and non-human characters and representations for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; software as a service (SAAS) services featuring software for creating digital content in 3D and virtual environments; software as a service (SAAS) services featuring software for creating and participating in 3D and virtual environments; software as a service (SAAS) services featuring software for creating and participating in online virtual worlds; software as a service (SAAS) services featuring software for uploading, downloading and publishing 2D and 3D images for use in the creation of computer-generated imagery and graphics; software as a service (SAAS) services featuring software for uploading, downloading and publishing 2D and 3D images for use in the production of motion pictures, television shows, videos, animations, simulations, visualizations, visual media, digital media, virtual and augmented environments, and virtual, augmented, mixed reality and extended reality experiences; software as a service (SAAS) services featuring software for uploading, downloading and publishing graphic files for use in connection with digital content creation platforms; software as a service (SAAS) services featuring software for use in the creation and development of multimedia content, interactive worlds, virtual reality, augmented reality, mixed reality and extended reality experiences, films, television programs, videos, and digital media in general; software as a service (SAAS) services featuring computer software and electronic files consisting of interactive three-dimensional (3D) models and three-dimensional (3D) models; providing temporary use of non-downloadable computer software for use in the creation, design, development, production, and operation of virtual spaces, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; providing temporary use of non-downloadable computer software for use in uploading, downloading and publishing digital assets for use in computer programs and software, virtual spaces, virtual worlds, online universes, 2D and 3D sites, 2D and 3D content, immersive and realistic interactive experiences, and metaverse environments; providing temporary use of non-downloadable computer software for use in creating and manipulating digital content and images in 3D and virtual environments, and online virtual worlds; providing temporary use of non-downloadable computer software for uploading, downloading and publishing 2D and 3D images, graphic files, digital content, and multimedia content for use in the production of motion pictures, television shows, videos, animations, simulations, visualizations, visual media, digital media, virtual and augmented environments, and virtual, augmented, mixed reality and extended reality experiences; computer services in the nature of customized online sites featuring user-generated content; software as a service (SaaS) services featuring cloud services in the nature of providing a website featuring technology that enables users to browse and license digital content
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.




The owner's/holder's proposed attorney information: Christopher M. Thomas. Other appointed attorneys are Sloan Carpenter, Laura M. Wright, William B. Cannon, Timothy D. St. Clair, Amy Allen Hinson. Christopher M. Thomas of PARKER POE ADAMS & BERNSTEIN 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
      301 Fayetteville Street, Suite 1400
      Raleigh, North Carolina 27601
      United States
      919-828-0564(phone)
      919-834-4564(fax)
      trademarks@parkerpoe.com
The docket/reference number is 29945-00001.
Christopher M. Thomas 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:

Christopher M. Thomas

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@parkerpoe.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 $1050 has been submitted with the application, representing payment for 3 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: /Sloan Carpenter/   Date: 03/22/2023
Signatory's Name: Sloan L. E. Carpenter
Signatory's Position: Attorney of Record, NC bar member
Signatory's Phone Number: 919-828-0564
Signature method: Sent to third party for signature
Payment Sale Number: 97851490
Payment Accounting Date: 03/22/2023

Serial Number: 97851490
Internet Transmission Date: Wed Mar 22 14:37:15 ET 2023
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20230322143716344
706-97851490-860c091eb7ed329ab128fed6435
cc6bad7ee2942420532588b35a482934a7-ET-37
155010-20230322140417409012