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. 88103577 GAMECO (Stylized and/or with Design, see http://uspto.report/TM/88103577/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of ARGUMENTS has been attached.
Original PDF file:
evi_91207175149-20190703152701526393_._response.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Entertainment services, namely, casino gaming

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; Gaming machines for gambling; Gaming machines for gambling including slot machines or video lottery terminals; Gaming machines, namely, slot machines and video lottery terminals; Video gaming consoles for gambling
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/07/2004 and first used in commerce at least as early as 10/02/2016 , and is now in use in such commerce.

Proposed: Class 028 for Gaming devices, namely, gaming machines, slot machines, bingo machines, with or without video output; Gaming machines for gambling; Gaming machines for gambling including slot machines or video lottery terminals; Gaming machines, namely, slot machines and video lottery terminals; Video gaming consoles for gambling
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/07/2004 and first used in commerce at least as early as 10/02/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of a bank of gaming machines with mark in place on body of gaming device .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Rob L. Phillips of FisherBroyles, LLP, having an address of
26431 Paseo Infinita San Juan Capistrano, California 92675
United States
rob.phillips@fisherbroyles.com
702-518-1239
The attorney docket/reference number is 11406.T001US .


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
GAMECO LLC
GAMECO LLC
731 E PILOT RD
SUITE C
LAS VEGAS
North Carolina
US
89119

Proposed:
Rob L. Phillips of FisherBroyles, LLP, having an address of
26431 Paseo Infinita San Juan Capistrano, California 92675
United States
rob.phillips@fisherbroyles.com;docketing@fisherbroyles.com
702-518-1239
The docket/reference number is 11406.T001US .



ADDITIONAL STATEMENTS
Description of mark
The mark consists of the wording "GAMECO" in red. The white background is not claimed as a feature of the mark.

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: /Rob L. Phillips/     Date: 07/03/2019
Signatory's Name: Rob L. Phillips
Signatory's Position: Attorney of record, Nevada bar member

Signatory's Phone Number: 702-518-1239

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.

Mailing Address:    Rob L. Phillips
   FisherBroyles, LLP
   26431 Paseo Infinita
   San Juan Capistrano, California 92675
        
Serial Number: 88103577
Internet Transmission Date: Wed Jul 03 15:34:41 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201907031534419
80007-88103577-620526e99bafed2b9309643aa
67d879138bc7bc84a90b3e9c8013c8894e5d1440
-N/A-N/A-20190703152701526393