Statement of Use

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 10/31/2017)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: DGC (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86118594/large)
SERIAL NUMBER: 86118594
An Extension of Time form is being filed with the Allegation of Use.



The applicant, Digital Gaming Corporation USA, having an address of
      909 Belmont Avenue
      North Haledon, New Jersey 07508
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: computer gaming software; computer gaming software for gaming machines, mobile phones, portable media players, and handheld computers; software for casino management, namely, computer software for conducting and processing financial transactions, casino game and venue performance analysis and reporting, monitoring and comparing casino site, floor, machine, and game performance, controlling access to casino games, conducting casino player tracking, conducting casino auditing, collecting user information and data for use with casino marketing and casino customer relations, and controlling and monitoring casino machines, casino floors, and casino gaming software

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: computer gaming software for mobile phones, portable media players, and handheld computers

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: computer gaming software; computer gaming software for gaming machines; software for casino management, namely, computer software for conducting and processing financial transactions, casino game and venue performance analysis and reporting, monitoring and comparing casino site, floor, machine, and game performance, controlling access to casino games, conducting casino player tracking, conducting casino auditing, collecting user information and data for use with casino marketing and casino customer relations, and controlling and monitoring casino machines, casino floors, and casino gaming software
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/31/2015, and first used in commerce at least as early as 12/31/2015, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) digital photograph showing use of the mark on or in connection with recited goods (one photograph annotated with a red arrow and oval to indicate the mark, the other photograph being a close-up of the mark).
Specimen File1
Specimen File2


For International Class 028:
Current identification: gambling machines for use with an external display screen or monitor containing software that enables gambling machines to run; stand-alone or server linked gambling machines, other than those for use with an external display screen or monitor

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/31/2015, and first used in commerce at least as early as 12/31/2015, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) digital photograph showing use of the mark on or in connection with recited goods (one photograph annotated with a red arrow and oval to indicate the mark, the other photograph being a close-up of the mark).
Specimen File1
Specimen File2


For International Class 041:
Current identification: entertainment services, namely, providing online games of chance, online games of skill, and online casino style games

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Class 9: computer gaming software; computer gaming software for gaming machines; software for casino management, namely, computer software for conducting and processing financial transactions, casino game and venue performance analysis and reporting, monitoring and comparing casino site, floor, machine, and game performance, controlling access to casino games, conducting casino player tracking, conducting casino auditing, collecting user information and data for use with casino marketing and casino customer relations, and controlling and monitoring casino machines, casino floors, and casino gaming software; Class 28: entire class
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 9: computer gaming software for mobile phones, portable media players, and handheld computers; Class 41: entire class

A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.

A fee payment in the amount of $400 will be submitted with the form, representing payment for the new application fee for 1 class. submitted with the form, representing payment for the new application fee for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered.
	For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Eric R. Moran/      Date Signed: 06/28/2017
Signatory's Name: Eric R. Moran
Signatory's Position: Attorney of record, Illinois bar member
Signatory's Phone: 312-913-3302

Request to Divide Signature


Signature: /Eric R. Moran/    Date: 06/28/2017
Signatory's Name: Eric R. Moran
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone: 312-913-3302

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.


RAM Sale Number: 86118594
RAM Accounting Date: 06/29/2017

Serial Number: 86118594
Internet Transmission Date: Wed Jun 28 17:07:55 EDT 2017
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2017062817075529
2949-86118594-590799981339219a516e453eda
521d13b5890368b6ac991885c7c806544226afc5
4-DA-4474-20170628164137513001