Response to Office Action

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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87584478 GALAXY(Standard Characters, see http://uspto.report/TM/87584478/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examiner had refused registration of applicant's mark based on the premise that the specimen filed with the application does not show use of the mark in connection with any of the specified goods "cabinets for gaming machines," because the specimen includes the language "amusement machine."  Applicant submits that the specimen as filed does show use of the mark on a cabinet for a gaming machines and that gaming machines are a type of amusement machine.  In support of applicant's position and to show that the "amusement" machine is in fact a gaming or slot machine, applicant submits additional photographs of the gaming machine.  As can be seen from the first two photographs, the "Galaxy" cabinet is for a gaming machine.  The third photograph is a partial side view of the gaming machine wherein the gaming machine is still visible and the metal tag attached to the machine is also visible.  The fourth photograph is a close up of the metal tag attached to the side of the gaming machine showing use of the mark and the fifth photograph is a side view of the machine where the mark can be seen on the metal tag attached to the side of the gaming machine and one can see that the gaming machine cabinet is for the gaming machine shown in the first three attached photographs.  Undersigned submits that gaming machines are a type of amusement machine and that the additional photographs makes the record clear that the mark is used on a cabinet for gaming machines, regardless of whether or not the specimen also refers to the gaming machine as an amusement machines.  The Examiner is requested to withdraw the refusal based on the premise that the specimen as filed does not show use of the mark on the identified goods and pass this application to publication and for further processing by the USPTO.

EVIDENCE
Evidence in the nature of photographs of the cabinet for a gaming machine showing use of the mark has been attached. Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Miami Tribe of Oklahoma Business Development Authority, a Tribal Enterprise of the Miami Tribe of Oklahoma a(n) federally-recognized Indian tribe, legally organized under the laws of United States, having an address of
      66201 E 290 Rd
      Grove, Oklahoma 74344
      United States

      XXXX (authorized)
      918-791-7777
Proposed: AGS LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      5475 S. Decatur Blvd., Suite 100
      Las Vegas, Nevada 89118
      United States
      XXXX (authorized)
      702-722-6700

SIGNATURE(S)
Response Signature
Signature: /michaeljthomas/     Date: 01/22/2018
Signatory's Name: Michael J. Thomas
Signatory's Position: Attorney of Record, California bar member

Signatory's Phone Number: 916-444-1000

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 87584478
Internet Transmission Date: Mon Jan 22 17:56:36 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2018012217563608
0893-87584478-5102f3b2b6f512aa944d5a4445
54d28d9a2831d2d37fb2b60d9d758de9ad64d-N/
A-N/A-20180122174947193591