Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85071959 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 038 for Providing live simulcasts of entertainment events, namely, sporting events and musical events

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely, casino gaming, comedy shows, musical performances, and conducting horse races
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/02/1999 and first used in commerce at least as early as 07/02/1999, and is now in use in such commerce.

Proposed:
Tracked Text Description: Entertainment services, namely, casino gaming, comedy shows, musical performances, and conducting horse races; Entertainment in the nature of simulcast presentations of live sporting and musical events; entertainment services, namely, casino gaming, comedy shows, live musical performances, and conducting horse races.Class 041 for Entertainment in the nature of simulcast presentations of live sporting and musical events; entertainment services, namely, casino gaming, comedy shows, live musical performances, and conducting horse races.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/02/1999 and first used in commerce at least as early as 07/02/1999, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for Restaurant services, namely, providing food and beverages for consumption; providing facilities, namely, social and business meeting, conference, exhibition, banquet and social function facilities
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/02/1999 and first used in commerce at least as early as 07/02/1999, and is now in use in such commerce.

Proposed:
Tracked Text Description: Restaurant services, namely, providing food and beverages for consumption; providing facilities, namely, social and business meeting, conference, exhibition, banquet and social function facilities; providing social meeting, banquet, social function, conference, exhibition, and meeting facilities.Class 043 for Restaurant services, namely, providing food and beverages for consumption; providing social meeting, banquet, social function, conference, exhibition, and meeting facilities.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/02/1999 and first used in commerce at least as early as 07/02/1999, and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Samantha A. Updegraff/     Date: 03/10/2011
Signatory's Name: Samantha A. Updegraff
Signatory's Position: Attorney of record, New Mexico bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 85071959
Internet Transmission Date: Thu Mar 10 15:04:25 EST 2011
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-201103101504253868
35-85071959-480a1627ca85b5c7759f1ee3b41a
a5c3cc-N/A-N/A-20110310145918740461