Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85874254

Filing Date: 03/12/2013

To the Commissioner for Trademarks:

MARK: Tiara (Standard Characters, see mark)
The literal element of the mark consists of Tiara.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Merkur Gaming GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Borsigstraße 26
      32312 Lübbecke
      Germany


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:  Computer software and firmware for games of chance on any computerized platform, including video based slot machines, reel based slot machines and video lottery terminals; computer software for arcade game machines; computer hardware for arcade game machines, slot machines and video lottery terminals; computer game programmes downloadable via the Internet; electronic game programs for playing games and games of chance via the Internet; computer application software for mobile phones and handheld computers, namely, software for playing computer games;
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. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on European Community application number 11411394, filed 12/10/2012. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 028:  gaming machines, namely, slot machines, video lottery terminals and roulette game machines; arcade game machines;
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. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on European Community application number 11411394, filed 12/10/2012. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      Beate Boudro of Beate Boudro, Attorney at Law
      4801 Lang Ave. NE, Suite 110
      Albuquerque, New Mexico 87109
      United States
The attorney docket/reference number is aGM-13-T-0131.

The applicant's current Correspondence Information:

Beate Boudro

Beate Boudro, Attorney at Law

4801 Lang Ave. NE, Suite 110

Albuquerque, New Mexico 87109

505.798.2575(phone)

505.796.9601(fax)

bboudro@nmia.com (authorized)

A fee payment in the amount of $650 has been submitted with the application, representing payment for 2 class(es).

Declaration

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. Section 1001, and that such willful false statements, and the like, 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. Section 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; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Beate Boudro/   Date: 03/12/2013
Signatory's Name: Beate Boudro
Signatory's Position: Attorney for applicant, New Mexico state bar member
RAM Sale Number: 85874254
RAM Accounting Date: 03/13/2013

Serial Number: 85874254
Internet Transmission Date: Tue Mar 12 18:21:59 EDT 2013
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20130312182159650
087-85874254-5003e3d182ab095c4efa63db4bd
670891d7e841cdb6352708775f2aaee2c35e-CC-
8038-20130312181503850408