Extension of Time to File SOU

PTO- 1581

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1581

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: 24 (see, http://uspto.report/TM/88144650/mark.png)
SERIAL NUMBER: 88144650

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: HMS Motorsports, LLC, having an address of
      4400 Papa Joe Hendrick Blvd.
      Charlotte, North Carolina 28262
      United States
      Email: XXXX
Proposed: HMS Motorsports, LLC, having an address of
      4400 Papa Joe Hendrick Blvd.
      Charlotte, North Carolina 28262
      United States
      Phone:
      Fax:
      Email: XXXX

The owner requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application.    The Notice of Allowance mailing date was 05/19/2020.

For International Class 009:
Current identification: Downloadable mobile applications for use in fantasy sports leagues, namely, mobile applications for managing and participating in fantasy sports leagues; downloadable mobile application for providing motorsports and esports television and radio programs and information; downloadable mobile application for sports betting; downloadable mobile application for providing previews, replays, video clips of motorsports competitions, and web cam feeds, and receiving alerts all in the field of motorsports and esports; downloadable mobile application for providing entertainment in the nature of motorsports and esports related news; video lottery ticket terminals or dispensers; electronic terminal for an electronic lottery system which generates lottery tickets; computer game software for gaming machines, namely, slot machines, bingo machines, and video lottery terminals; computer gaming software for gambling, betting

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 016:
Current identification: Printed matter, namely, newspapers, periodicals, magazines, books all in the fields of gambling, betting and sports

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 038:
Current identification: Web messaging services for the relay of news, data, information and press releases of all types, in particular in the field of sports and betting, to Internet addresses; electronic transmission of information and images via electronic communications networks; electronic delivery of messages in the nature of news and press releases in the field of sports and betting, delivery of start times of sports events, winning quotations for betting, betting data, betting parameters, sports results in the nature of real time results and statistics on sports events, sportspeople and sports teams, as well as communications on sports teams, all via a global computer network; providing online Internet discussion forums on sports, betting and betting related content; providing live online chat rooms for transmission of messages among computer users concerning sports, betting and betting related content, providing live online chat lines utilizing the Internet; outcall notification services, namely, providing immediate telephone, SMS and e-mail notifications in the field of sports and betting to betting associations, organizations and offices

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 041:
Current identification: Betting services; wagering services; gambling services; providing betting facilities; providing gambling facilities; leasing of electronic gaming machines for betting and gambling; entertainment services, namely, providing a website for on-line gambling and betting; gaming services in the nature of casino gambling, conducting online computer game tournaments; providing an on-line computer web site notifying individuals that they have won a lottery or other forms of gambling, where one or more winning numbers have been picked; providing motorsports and esports news and information in the nature of previews, news and information alerts, and replays via wireless and mobile networks; entertainment services, namely, production of motorsports and esports television and radio programs and providing motorsports and esports information in the nature of previews, news and information alerts, replays, scoring data, video clips, and live web cam feeds, all of which delivered by television, radio, and the internet; entertainment services in the nature of online computer and video game programs, online sports-themed computer and video games, and fantasy sports and esports leagues, provided via global computer and wireless networks; bookmaking services, namely, providing of information related to sports betting; organizing, arranging, conducting sports betting and gambling tournaments, competitions and contests

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 042:
Current identification: Computer services, namely, creating an on-line virtual environment for purposes of betting and gambling

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


This is the second extension request. The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: product or service research or development

Correspondence Information (current):
      Susan S. Jackson
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@nelsonmullins.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): susan.jackson@nelsonmullins.com

Correspondence Information (proposed):
      Susan S. Jackson
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@nelsonmullins.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): susan.jackson@nelsonmullins.com


Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).





A fee payment in the amount of $625 will be submitted with the form, representing payment for 5 classes.


Declaration

STATEMENTS: The signatory believes that: the applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all the goods/services under Section 1(b) in the notice of allowance or as subsequently modified, or, if applicable, the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with all the goods/services/collective membership organization under Section 1(b) in the notice of allowance or as subsequently modified; and that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, members and 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.

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 resulting registration, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: / Marshall Carlson /      Date Signed: 05/19/2021
Signatory's Name: Marshall Carlson
Signatory's Position: President
Signature method: Sent to third party for signature

PAYMENT: 88144650
PAYMENT DATE: 05/19/2021

Serial Number: 88144650
Internet Transmission Date: Wed May 19 13:50:54 ET 2021
TEAS Stamp: USPTO/ESU-XX.XXX.XX.XX-20210519135054541
964-88144650-780a2a2cbce6256a086af924161
3062b1f581af7f3f9bf05ee533540da414b24-DA
-50520500-20210518183638265746