Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76649919 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: LUCKY MAGEE'S RACINO GRILL AND SPORTS BAR (standard characters)
Proposed (USPTO generated image): LUCKY MAGEE'S RACINO GRILL AND SPORTS LOUNGE (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Wagering Services
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

In International Class 041, the mark was first used at least as early as 04/01/2006 and first used in commerce at least as early as 05/01/2006.

Proposed: Class 041 for Wagering Services
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

In International Class 041, the mark was first used at least as early as 04/01/2006. and first used in commerce at least as early as 05/01/2006.

Applicant hereby submits a new specimen for Class 041. The specimen(s) submitted consists of The file is a photograph from the external of the building showing the signage with "Lucky Magee's Racino Gril and Sports Lounge," in use..
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /BOB BILOCERKOWYCZ/      Date: 05/15/2008
Signatory's Name: BOB BILOCERKOWYCZ
Signatory's Position: PRESIDENT/CEO

Response Signature
Signature: /BOB BILOCERKOWYCZ/     Date: 05/15/2008
Signatory's Name: BOB BILOCERKOWYCZ
Signatory's Position: PRESIDENT/CEO

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 76649919
Internet Transmission Date: Thu May 15 12:04:53 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-200805151204536883
71-76649919-42072aa947faf3576d645a5c01a6
63b6015-N/A-N/A-20080515115157575774