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. 88082135 QUICKTICKET (Stylized and/or with Design, see http://uspto.report/TM/88082135/mark.png) has been amended as follows:

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

Attorney Docket No.: 60656-285260 Mark: QUICKTICKET (Stylized) Application Serial No.: 88/082135 This is a Response to the Office Action dated September 18, 2018. The period for Response is set to expire on March 18, 2019. AMENDMENTS TO IDENTIFICATION OF SERVICES Please substitute the following amended identification of services: Providing services to enable the purchase of lottery entries at, and the issuance of lottery receipts at, retail checkout registers, namely, electronic cash transactions, credit card and debit card transaction processing services, in International Class 036; and Providing services to enable the purchase of lottery entries at, and the issuance of lottery receipts at, retail checkout registers, namely, platform as a service (PAAS) featuring computer software platforms for printing receipts, in International Class 042. DISCLAIMER The Examining Attorney stated that Applicant must disclaim the wording ?QUICKTICKET? because it merely describes a characteristic or the purpose of Applicant?s services, and thus is an unregistrable component of the mark. Applicant hereby submits the following disclaimer: No claim is made to the exclusive right to use ?QUICKTICKET? apart from the mark as shown. AMENDMENTS TO MARK DESCRIPTION The Examining Attorney has requested that Applicant provide a more complete description of the applied-for mark. Accordingly, please amend the mark description as follows: The mark consists of the stylized outlined wording ?QUICKTICKET? with speed lines to its left to make it appear that the wording ?QUICKTICKET? is moving quickly to the right. REMARKS Response to Prior-Filed Application Objection The Examining Attorney cited a prior-filed application for QUICKTICKET, Serial No. 87/953104, as a potential bar to the registration of Applicant?s mark. Applicant elects not to submit arguments at this time, but will address the asserted likelihood of confusion issue if and when the cited application matures to registration. CONCLUSION The Examining Attorney?s recitation of services objection, disclaimer objection, and mark description objection having been fully addressed, Applicant earnestly solicits further and favorable action withdrawing the above- referenced objections, and suspending the application. The Examining Attorney is invited to contact the undersigned at (202) 289-1313 or by e-mail at jweinstein@btlaw.com should there be any further questions. Respectfully submitted, Jordan S. Weinstein, Esquire BARNES & THORNBURG, LLP 1717 Pennsylvania Avenue, N.W. Suite 500 Washington, D.C. 20006 (202) 289-1313 (202) 289-1330 fax jweinstein@btlaw.com

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Providing services to enable the purchase of lottery entries at, and the issuance of lottery receipts at, retail checkout registers

Applicant hereby adds the following class of goods/services to the application:
New: Class 036 (Original Class: 035 ) for Providing services to enable the purchase of lottery entries at, and the issuance of lottery receipts at, retail checkout registers, namely, electronic cash transactions, credit card and debit card transaction processing services
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 services to enable the purchase of lottery entries at, and the issuance of lottery receipts at, retail checkout registers, namely, platform as a service (PAAS) featuring computer software platforms for printing receipts
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use QUICKTICKET apart from the mark as shown.


Description of mark
The mark consists of the stylized outlined wording "QUICKTICKET" with speed lines to its left to make it appear that the wording "QUICKTICKET" is moving quickly to the right.

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

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /jsw/     Date: 03/18/2019
Signatory's Name: Jordan S. Weinstein
Signatory's Position: Attorney of Record, D.C. Bar Member

Signatory's Phone Number: 202-289-1313

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.

        
RAM Sale Number: 88082135
RAM Accounting Date: 03/18/2019
        
Serial Number: 88082135
Internet Transmission Date: Mon Mar 18 13:00:53 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190318130053457
810-88082135-6204912ec4872fe936f8740a941
9d8fceae84f340563d6896443c15b716bdaf61-D
A-12552-20190318122756956412