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. 88082106 PLAYBET(Standard Characters, see http://uspto.report/TM/88082106/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to Office Action dated December 7, 2018 has been attached.
Original PDF file:
evi_12246012-20190404195944954707_._PLAYBET_Response_to_Office_Action_dated_December_7__2018.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Lottery services, namely, on-line lottery services that enable users to place lottery wagers via mobile electronic devices; Casino services, namely, on-line casino services that enable users to place casino table game wagers via mobile electronic devices; Casino services, namely, on-line casino services that enable users to place slot machine wagers via mobile devices. Betting and gambling services in the nature of computer games, wagering games, interactive real time gambling, namely, bingo, poker, slot machines and sports betting, all of the foregoing transmitted via a global computer network and via mobile phones, PDAs, and portable electronic game systems; on-line casino services; providing gambling information relating to bingo, poker, slot machines, casino games, sports betting and bookmaking services all via a global computer network and via mobile phones, PDAs, and portable electronic game systems; entertainment services, namely, arranging and conducting interactive peer to peer gambling competitions, tournaments via global computer network, via social networking and via mobile phones, PDAs, and portable electronic game systems; organizing and conducting lotteries and other games of chance via a global computer network and via mobile phones, PDAs, and portable electronic game systems; betting services, namely, online gambling using a credit card to secure the funds; gambling consulting services relating to bingo, poker, slot machines, sports betting, bookmaking services and casino games
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage 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.

Proposed:
Tracked Text Description: Lottery services, namely, on-line lottery services that enable users to place lottery wagers via mobile electronic devices; Providing temporary use of non-downloadable computer games, wagering games, interactive real time gambling games, namely, bingo, poker, slot machines, all of the foregoing transmitted via a global computer network and via mobile phones, PDAs, and portable electronic game systems; Casino services, namely, on-line casino services that enable users to place casino table game wagers via mobile electronic devices; on-line casino services; Casino services, namely, on-line casino services that enable users to place slot machine wagers via mobile devices. Betting and gambling services in the nature of computer games, wagering games, interactive real time gambling, namely, bingo, poker, slot machines and sports betting, all of the foregoing transmitted via a global computer network and via mobile phones, PDAs, and portable electronic game systems; providing gambling information relating to bingo, poker, slot machines, casino games, sports betting and bookmaking services all via a global computer network and via mobile phones, PDAs, and portable electronic game systems; entertainment services, namely, arranging and conducting interactive peer to peer gambling competitions, tournaments via global computer network, via social networking and via mobile phones, PDAs, and portable electronic game systems; organizing and conducting lotteries and other games of chance via a global computer network and via mobile phones, PDAs, and portable electronic game systems; betting services, namely, online gambling using a credit card to secure the funds; gambling consulting services relating to bingo, poker, slot machines, sports betting, bookmaking services and casino gamesClass 041 for Providing temporary use of non-downloadable computer games, wagering games, interactive real time gambling games, namely, bingo, poker, slot machines, all of the foregoing transmitted via a global computer network and via mobile phones, PDAs, and portable electronic game systems; on-line casino services; providing gambling information relating to bingo, poker, slot machines, casino games, sports betting and bookmaking services all via a global computer network and via mobile phones, PDAs, and portable electronic game systems; entertainment services, namely, arranging and conducting interactive peer to peer gambling competitions, tournaments via global computer network, via social networking and via mobile phones, PDAs, and portable electronic game systems; organizing and conducting lotteries and other games of chance via a global computer network and via mobile phones, PDAs, and portable electronic game systems; betting services, namely, online gambling using a credit card to secure the funds; gambling consulting services relating to bingo, poker, slot machines, sports betting, bookmaking services and casino games
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage 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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Providing a lottery website featuring technology that enable users to place lottery wagers via mobile electronic devices; Providing a casino website featuring technology that enable users to place casino table game wagers via mobile electronic devices; Providing a casino website featuring technology that enable users to place slot machine wagers via mobile devices; Providing temporary use of non-downloadable software for sports betting transmitted via a global computer network and via mobile phones, PDAs, and portable electronic game systems
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage 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.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. 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.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage 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. 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.

Signature: /dt/      Date: 04/08/2019
Signatory's Name: Denise Taliaferro
Signatory's Position: Attorney of Record, New York State Bar
Signatory's Phone Number: 401-392-5010


Response Signature
Signature: /dt/     Date: 04/08/2019
Signatory's Name: Denise Taliaferro
Signatory's Position: Attorney of Record, New York State Bar

Signatory's Phone Number: 401-392-5010

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
RAM Sale Number: 88082106
RAM Accounting Date: 04/09/2019
        
Serial Number: 88082106
Internet Transmission Date: Mon Apr 08 17:00:43 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201904081700435995
36-88082106-6209c7d22bfe7e06f446ee1f3ef4
1ec54eb5bc17305da9f803c4912f6b2a8c57f-DA
-4196-20190404195944954707