HIIIIIIlmIIIIIIllllIIIIIlllllllllllllllllllllll
`
`06-06-2001
`u.s. Paton! I TMOMITM MIN Rent Dr, #73
`
`MiV'3l'Ul
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`U5=4UPm
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`From‘
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`T-587
`
`P.1Z/14
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`F-828
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`54 773‘ so 5 Ho as
`
`Apogee Software, Ltd.
`3960 Broadway Boulevard
`Garland, Texas 75043
`
`Mark First Used
`
`in Connection with the Goods:
`
`Mark First Used in Interstate Commerce
`
`in Connection with the Goods:
`
`Application Based on Intent to Use
`
`No; applicablg
`
`Not applicable
`
`Goods:
`
`Computer and video products, namely, video game machines foruse With televisions;
`video game cartridges; video game tape cassettes; pre-recorded video tapes featuring
`computer games and computer game characters; motion picture films featuring video
`games and video game characters; television game programs featuring computer
`games and computer game characters; television game monitor consoles; computer
`game analog controllers in the nature of a hand held device for accessing computer
`games; computer gamejoysticks; memory cards, computer game software; computer
`game discs; computer game programs; computer game cassettes, computer game
`tapes, computer game cartridges, computer software feamring computer games that
`can be downloaded through a global computer network; multimedia software
`recorded on a CD-ROM featuring computer games; computers; computer hardware
`and computer firmware for use in operating computer games; computer mouse pads
`in Class 009; printed matter, namely, magazines, periodicals, newsletters, news
`sheets and news bulletins featuring computer game characters; children’: coloring,
`fictional and action books featuring computer games and characters; gill and greeting
`cards; newspapers and magazine comic strips; print, strip and newspaper cartoons;
`stationery; posters; comic books; stickers and sticl<—ort tattoos; facial and bathroom
`tissues in Class 016.
`
`MAX PAYNE
`
`Dullu2 737209 v I, 3266l.(l(lD0|
`
`TRADEMARK
`Vill!/Illllllmllllllllllllllllllllllllllllll
`76268400
`
`

`
`TRADEMARK APPLICATION SERIAL NO.
`
`76268400
`
`U.S. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`FEE RECORD SHEET
`
`06/13/2001 SHILSDNI 00000021 76255400
`
`01 FC:361
`
`650.00 OP
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re ITU Trademark Application of:
`Apogee Software, Ltd.
`
`Int‘l Classes: 009 and 016
`
`MARK:
`
`MAX PAYNE
`
`TRANSMITTAL LETTER
`
`BOX NEW APP FEE
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Re: Our Ref: 3266l.O0098
`
`Madam/Sir:
`
`Please find attached hereto the following items in regard to the above-identified application:
`
`1)
`2)
`
`3)
`
`A Trademark Application Based on Intent to Use.
`A check for $650.00 to cover filing fee. In the event the check is not received with this
`correspondence or additional fees are due, please charge the required fees to Patent
`Office Account No. 10-0447. Please also credit any overpayment to the deposit account.
`A postcard acknowledging receipt of items 1 through 3. Please file-stamp and return.
`
`Respectfully submitted,
`
`athryn A. Be man
`
`"Express Mail" Mailing Label No. 52/ 22’?3Q 5 (40 CL?
`.
`_ - Q
`Date of Deposit
`t
`0
`
`I
`
`JENKENS & GILCHRIST,
`a Professional Cor oration
`_
`1445 Ross Avenue,%uite 3200
`Dallas, Texas 75202-2799
`(214) 855-4779
`(214) 855-4300 (fax)
`ATTORNEYS FOR APPLICANT
`
`cc:
`
`Client
`
`Dalli1s2 787209 V 1, 3266100001
`
`

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`Mal/'31-01
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`05:38pm
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`From-
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`T-587
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`PM/14
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`F-828
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`TRADEMARK APPLICATION,
`PRINCIPAL REGISTER.
`WITH DECLARATION
`
`TO THE ASSISTANT COMMISSIONER FOR TRADEMARKS:
`
`
`APPLICANT NAME:
`
`Apogee Sofiwarg, [_[d_
`
`APPLICANT BUSINESS ADDRESS:
`
`3960 Broadway Boulevard
`Garland, Texas 75043
`
`:
`
`APPLICANT ENTITY:
`
`Applicant is a Limited Parmership, organized under the laws ofthe State of Texas. It is
`composed of the following general partner: Action Entertainment, lnc., which is a corporation
`organized under the laws of the State of Texas.
`
`GOODS:
`
`Applicant requests registration of the above—identified trademark shown in the accompanying
`drawing in the United States Patent and Trademark Office on the Principal Register established by
`the Act of July 5, 1946 (15 U.S.C. § 1051 et seq., as amended) for the following goods:
`
`Computer and video products, namely, video game machines for use with televisions; video game
`cartridges; video game tape cassettes; pre—recorded video tapes featuring computer games and
`computer game characters; motion picntre films featuring video games and video game characters;
`television game programs featuring computer games and computer game characters; television game
`monitor consoles; computer game analog controllers in the nature ofa hand held device for accessing
`computer games; computer gutttejoysticks; memory cards, computer game software; computer game
`discs; computer game programs; computer game cassettes, computer game tapes, computer game
`cartridges, computer software featuring computer games that can be downloaded through a global
`computer network; multimedia software recorded on a CD—ROM featttting computer games;
`computers; computer hardware and computer firmware for use in operating computer games;
`computer mouse pads in Class O09;P1'inted matter, Mindy» magazines, periodicals, newsletters.
`news sheets and news bulletins featuring computer game characters; children's coloring, fictional
`and action books featuring computer games and characters; gifi and greeting cards; IICWSDRPCTS and
`
`Dallas? 787209 v l. 3266l.O000l
`
`

`
`May-31-Di
`
`05:38pm
`
`From-
`
`r—5a7
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`P IU/14
`
`F-828
`
`6/J '7‘/V305"/<70 (,(,§
`
`magazine comic strips; print, strip andnewspapercartoons; stationery; posters; comic books; stickers
`and stick-on tattoos; facial and bathroom tissues in Class 016.
`T-w|=l
`
`BASIS FOR APPLICATION:
`
`Applicant has a bona tide intention to use the trademark in commerce on or in connection with the
`above-identified goods. (15 U.S.C. § 10510:), as amended.)
`
`
`INTENDED USE OF THE MARK:
`
`Applicant intends to use the trademark on the goods themselves, or on packaging for the goods or
`displays associated with the goods; or on tags or labels affixed to the goods and in other ways
`customary in the trade.
`
` .;
`
`POWER OF ATTORNEY:
`
`Applicant hereby appoints the following members ofthe firm ofJenkens & Gilchrist, a Professional
`Corporation, with its principal office at 1445 Ross Avenue, Suite 3200, Dallas, Texas 75202-2799:
`J. Pat Hcptig, Jeriy R. Seliiiger, Catluyn A. Berrytnan, Thomas 1.. Cantrell, Thomas L. Crisman, J.
`Kevin Gray, Steven R. Greenfield, Jeffrey J. Look, Lisa B. Meyerhoff, Stanley R. Moore, 1’. Weston
`Musselman, ha, Linda M. Novak. Russell N. Rippamonti, Andre M. Szuwalski. Andrea Walker and
`James J. Wolfson, to prosecute this application to register, to transact all business in the Patent and
`Trademark Office in connection therewith, and to receive the Certificate of Registration. Every
`member ofthe firm of Jenkens & Gilchrist, a Professional Corporation, and every attorney at law
`associated with that firm is hereby authorized to sign any paper and to conduct any business on
`behalfofthe applicant inthis application. Applicant requests that all correspondence be directed
`to Cathryn A. Berryman, (214) 855-4731, at the address listed above.
`
`
`DE CLARATIQN:
`
`The undersigned being hereby warned that willful false statements and the like so made are
`punishable by fine or irnprisorirnent, or both, under 18 U.S.C. § 1001, and that such willful false
`statements may jeopardize the validity ofthe application or any resulting registration, declares that
`he is properly authorized to execute this application on behalf of the applicant; he believes the
`applicant to be entitled to use in commerce of the mark sought to be registered; to the best of his
`knowledge and belief, no other person, firm, corporation, or association has the right to use the
`above—ide-ntified mark in commerce, either in the identical form or in such near resemblance thereto
`
`Dallas! 787209 v l. llhfil 00001
`
`

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`MaV'31-D1
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`05:39pm
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`Frum-
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`T-587
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`P.11/I4
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`F-823
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`E-45 77’a"‘.3c75 /</ms
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`as may be likely, when used on or in connection with the goods of such other person, to cause
`confusion, or to cause mistake, or to deceive; and all statements ma - -: ofhis own knowledge are true
`
`Chief Executive Officer of Action Entertainment, Inc.,
`General Palmer of Apogee Software, Ltd.
`
`the
`
`(972)271-1765 gxt. 234
`Telephone Number
`
`Dallul mzoo v |, szeétooom