Response options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a verified statement, in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20 or 28 U.S.C. §1746, specifying the URL of the original webpage specimen and the date it was accessed or printed.
(2) Submit a different specimen (a verified “substitute” specimen), including the URL and date accessed/printed directly on the specimen itself or in a separate statement, that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the goods and/or services identified in the application or amendment to allege use. Applicant must also submit the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.”
(3) Amend the filing basis to intent to use under Section 1(b) (which includes withdrawing an amendment to allege use, if one was filed), as no specimen is required before publication. This option will later necessitate additional fee(s) and filing requirements, including a specimen.
For an overview of the response options referenced above and instructions on how to satisfy these options using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage:
"In 2017, the game was re-written from scratch with a ton of new features and launched as Warzone, the sequel to WarLight." that's what fizzer writes himself....
Beren, I think part of it at the same time was the transition away from flash to unity, so a lot of it might have required some level of recoding and modifying the code.
they are trying to say that : Frizzer first published his strategy game in 2017, however he didn’t file a trademark for the name until October 2020. Meanwhile, Call of Duty: Warzone was released in March 2020, with a trademark first filed in June 2020.
I am not sure, but considering the lawsuit is already on, isn't it too late for that? If Fizzer looses, he has to pay, and i doubt Activision would be lenient when they can get money, no matter how little it is.
