TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 87903154

Filing Date: 05/01/2018

To the Commissioner for Trademarks:

MARK: SHAKE IT UP! POKER DICE (stylized and/or with design, see mark)

The literal element of the mark consists of SHAKE IT UP! POKER DICE.
The color(s) blue, red, white and gold is/are claimed as a feature of the mark. The mark consists of SHAKE IT UP! with each letter on a die, the words POKER DICE on a dice shaker cup and three dice with playing card designs on them.
The applicant, Deck of Dice Gaming, LLC, a limited liability company legally organized under the laws of Ohio, having an address of
      18657 Hunters Pointe Dr.
      Strongsville, Ohio 44136
      United States

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 application software for mobile phones, smartphones, portable media players, personal computers, handheld computers, and tablets, namely, software for playing online wagering and non-wagering games; Computer game software for use on personal computers, mobile phones, smartphones, portable media players, handheld computers, and tablets; Gaming software for wagering games made available for play on electronic gaming machines, bar top devices, kiosks and gaming terminals; Gaming software for enabling play of poker-based games involving virtually represented modified dice; Computer software for playing games of chance on any computerized platform; Downloadable electronic game programs, namely, play-for-fun and real money games available via the Internet, a computer network, handheld and mobile electronic devices; live gaming table games, namely, poker-based games including customized dice and table cloth layout for wagering; wagering games available for play by others through social media websites; Gaming software for playing casino games, games of chance, poker-based games, dice games, social games and online wagering games through mobile phones, portable devices, personal computers, smartphones, electronic tables, electronic gaming machines, bar top devices, kiosks and gaming terminals

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/07/2018, and first used in commerce at least as early as 03/07/2018, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) pictures illustrating use of the instant mark in commerce in connection with the identified goods and servicces.

Original PDF file:
SPE0-7219310925-20180501232134231010_._SHAKE_IT_UP__Poker_Dice_Usage_Images-specimen1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-7219310925-20180501232134231010_._SHAKE_IT_UP__Poker_Dice_Usage_Images-specimen2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-7219310925-20180501232134231010_._specimen3.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 028:  Board games; electronic gaming machines; Gaming machines that generate or display wager outcomes; Machines for playing games of chance; dice games; dice games involving modified dice

In International Class 028, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/07/2018, and first used in commerce at least as early as 03/07/2018, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) pictures illustrating use of the instant mark in commerce in connection with the identified goods and services.

Original PDF file:
SPE0-1-7219310925-20180501232134231010_._SHAKE_IT_UP__Poker_Dice_Usage_Images-specimen1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-1-7219310925-20180501232134231010_._SHAKE_IT_UP__Poker_Dice_Usage_Images-specimen2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-7219310925-20180501232134231010_._specimen3.pdf
Converted PDF file(s) (1 page)
Specimen File1



Disclaimer
No claim is made to the exclusive right to use the words POKER and DICE apart from the mark as shown.

The applicant's current Attorney Information:
      Richard H Newman of Newman Law, LLC      7435 S Eastern Ave. Suite 105-431
      Las Vegas, Nevada 89123
      United States
      702-720-4630(phone)
      trademarks@newmanlawlv.com (authorized)
The attorney docket/reference number is 10241.00001.

The applicant's current Correspondence Information:

Richard H Newman

Newman Law, LLC

7435 S Eastern Ave. Suite 105-431

Las Vegas, Nevada 89123

702-720-4630(phone)

trademarks@newmanlawlv.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $550 has been submitted with the application, representing payment for 2 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 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.

Declaration Signature

Signature: /rhn/   Date: 05/01/2018
Signatory's Name: Richard H Newman
Signatory's Position: Attorney for Applicant, NY/NV bar member
Payment Sale Number: 87903154
Payment Accounting Date: 05/02/2018

Serial Number: 87903154
Internet Transmission Date: Tue May 01 23:59:44 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2018050123594432
1382-87903154-51071f5618fd1ab7fc2a6ea289
557229a27d991af127dc5d187d49dc42d447cec-
ET-6938-20180501232134231010