To: | Intralot S.A. Integrated Lottery Systems ETC. (njdocket@gtlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88142883 - LOTOS X - 086272030400 |
Sent: | 1/22/2019 11:50:03 AM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88142883
MARK: LOTOS X
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Intralot S.A. Integrated Lottery Systems ETC.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT/PRIORITY ACTION
STRICT DEADLINE TO RESPOND TO THIS LETTER
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 1/22/2019
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
ISSUES APPLICANT MUST ADDRESS: On January 22, 2019, the trademark examining attorney and Joseph Agostino discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
ADDITIONAL FEE REQUIRED
Applicant’s attorney has agreed to comply with the following stated requirements: submit additional fees to add International Classes 007 and 028, as demonstrated below in the Examiner’s Amendment, as the application identifies goods/services that are classified in eight classes; however, applicant submitted fees sufficient for only six classes. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by the individual identified in the Priority Action section above, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. TMEP §707. Any amendments to the identification of goods and services may clarify or limit the goods and services, but may not add to or broaden the scope of the goods and services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.
CLASSIFICATION AND IDENTIFICATION OF GOODS AND SERVICES
The application is amended to reclassify goods listed in International Class 009, as shown below. TMEP §1401.03(b); see 37 C.F.R. §2.85. The identification of goods and services is amended to read as follows:
International Class 007:
Automatic machines, namely, automatic vending machines operated by inserting a metal coin or by inserting special printed matter
International Class 009:
Downloadable software for the operational management of games, namely, lottery games, computer games, video games, instant games, sports betting games and entertainment games; electronic terminals for an electronic lottery system which validates lottery tickets; terminals for entertaining, namely, video lottery ticket terminals and electronic terminal for an electronic lottery system which generates lottery tickets; talking machines; cash registers, calculating machines
International Class 028:
Terminals for entertaining in the nature of gaming machines, namely, video lottery terminals; terminals for games of chance in the nature of gaming machines for gambling, namely, keno terminals, bingo terminals and betting terminals
International Class 035:
Lottery product merchandising for others
International Class 036:
Financial affairs services for lottery and casino vendors, namely, financial analysis and consultation and financial research services; monetary affairs services for lottery and casino vendors, namely, monetary exchange operations; providing secure financial transaction processing services for lottery vendors, namely, check processing, credit card payment processing, debit card transaction processing services, cash payment processing
International Class 037:
Maintenance and installation of lottery terminals and gaming machines
International Class 041:
Operation of lotteries, instant lotteries, numerical lotteries; betting services; administration of lotteries and games of chance for others; education services, namely, providing courses and seminars in the field of lottery operation; education services in the nature of providing of training, namely, courses and seminars in the field of lottery systems operation; providing sporting and cultural activities, namely, organizing community sporting and cultural events; administration of and conducting lotteries for others; operating services for the operation of lottery and gaming systems, namely, operating lotteries
International Class 042:
Custom design and development of lottery terminals and software and gaming machines systems
and video game software and consulting service related thereto; maintenance and installation of computer software for use with lottery and gaming systems; Design for others of
lottery tickets
See TMEP §§1402.01, 1402.01(e).
For this application to proceed further, applicant must explicitly address the requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. In addition, because applicant filed a TEAS Plus/TEAS RF application, applicant must respond online using the Trademark Electronic Application System (TEAS) to avoid incurring an additional fee. See 37 C.F.R. §2.22(b)(1), (c). Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
When an application has abandoned for failure to respond to an Office action, an applicant may timely file a petition to revive at http://www.gov.uspto.report/trademarks/teas/index.jsp. See 37 C.F.R. §2.66; TMEP §1714. If such petition is granted, it would allow the application to return to active status. Id. The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed via TEAS, http://www.gov.uspto.report/trademarks-application-process/filing-online/petition-forms, with a $100 fee. 37 C.F.R. §2.6(a)(15)(ii), 2.66(a)(1), b(1).
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/Brittany Lee-Richardson/
Trademark Examining Attorney
Law Office 116
(571) 272-9750
Brittany.Lee-Richardson@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.