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. 88089577 DCX(Standard Characters, see http://uspto.report/TM/88089577/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Response to Office Action and Exhibits A & B has been attached.
Original PDF file:
evi_7420225566-20191023124933089596_._DCX_Response_to_Office_Action_Final.pdf
Converted PDF file(s) ( 14 pages)
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Original PDF file:
evi_7420225566-20191023124933089596_._DCX_Response_to_Office_Action_Exhibit_A.pdf
Converted PDF file(s) ( 7 pages)
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Original PDF file:
evi_7420225566-20191023124933089596_._DCX_Response_to_Office_Action_Exhibit_B.pdf
Converted PDF file(s) ( 45 pages)
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CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Gaming devices, namely, gaming machines, slot machines, bingo machines, with or without video output; Electronic gaming machines, namely, devices which accept a wager; Gaming machines for gambling; Gaming machines for gambling including slot machines or video lottery terminals; Reconfigurable casino and lottery gaming equipment, namely, gaming machines and operational computer game software therefor sold as a unit
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: Gaming devices, namely, gaming machines, slot machines, bingo machines, with or without video output; Gaming devices, namely, slot machines, bingo machines, with or without video output; Electronic gaming machines, namely, devices which accept a wager; Gaming machines for gambling; Gaming machines for gambling including slot machines or video lottery terminals; Reconfigurable casino and lottery gaming equipment, namely, gaming machines and operational computer game software therefor sold as a unitClass 028 for Gaming devices, namely, slot machines, bingo machines, with or without video output; Electronic gaming machines, namely, devices which accept a wager; Gaming machines for gambling; Gaming machines for gambling including slot machines or video lottery terminals; Reconfigurable casino and lottery gaming equipment, namely, gaming machines and operational computer game software therefor sold as a unit
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.

The applicant's current attorney information: W. Todd Resnik. W. Todd Resnik of EVERI GAMES INC., is located at

      206 WILD BASIN ROAD SOUTH, BLDG. B.
      AUSTIN, Texas 78746
      US

The phone number is 512-334-7642.

The fax number is 512-334-7695.

The email address is todd.resnik@everi.com

The applicants proposed attorney information: W. Todd Resnik. W. Todd Resnik of EVERI GAMES INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      206 WILD BASIN ROAD SOUTH, BLDG. B.
      AUSTIN, Texas 78746
      United States

The phone number is 512-334-7642.

The fax number is 512-334-7695.

The email address is todd.resnik@everi.com

W. Todd Resnik submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: W. TODD RESNIK. W. TODD RESNIK of EVERI GAMES INC., is located at

      206 WILD BASIN ROAD SOUTH, BLDG. B.
      AUSTIN, Texas 78746
      US

The phone number is 512-334-7642.

The fax number is 512-334-7695.

The email address is todd.resnik@everi.com; peggy.zaongo@everi.com

The applicants proposed correspondence information: W. Todd Resnik. W. Todd Resnik of EVERI GAMES INC., is located at

      206 WILD BASIN ROAD SOUTH, BLDG. B.
      AUSTIN, Texas 78746
      United States

The phone number is 512-334-7642.

The fax number is 512-334-7695.

The email address is todd.resnik@everi.com; peggy.zaongo@everi.com; christina.tappan@everi.com

SIGNATURE(S)
Response Signature
Signature: /wtr/     Date: 10/23/2019
Signatory's Name: William Todd Resnik
Signatory's Position: Attorney of Record, Texas Bar member

Signatory's Phone Number: 5123347500

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    W. TODD RESNIK
   EVERI GAMES INC.
   
   206 WILD BASIN ROAD SOUTH, BLDG. B.
   AUSTIN, Texas 78746
Mailing Address:    W. Todd Resnik
   EVERI GAMES INC.
   206 WILD BASIN ROAD SOUTH, BLDG. B.
   AUSTIN, Texas 78746
        
Serial Number: 88089577
Internet Transmission Date: Wed Oct 23 16:55:23 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019102316552356
7873-88089577-6103b88504ec5949eba3aa7dfe
6ab33ad431a5866af6cbb165c1145a260c3db9-N
/A-N/A-20191023124933089596