TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88144650

Filing Date: 10/05/2018

To the Commissioner for Trademarks:

MARK: 24 (Standard Characters, see mark)
The literal element of the mark consists of 24.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, HMS Motorsports, LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      4400 Papa Joe Hendrick Blvd.
      Charlotte, North Carolina 28262
      United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 009:  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 programming and information; downloadable mobile application for sports betting; downloadable mobile application for providing previews, alerts, replays, video clips of motorsports competitions, and web cam feeds, all in the field of motorsports and esports; downloadable mobile application for providing entertainment and 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
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 016:  Printed matter, namely, newspapers, periodicals, magazines, books all in the fields of gambling, betting and sports
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 038:  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
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 041:  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, information, previews, alerts, and replays via wireless and mobile devices; entertainment services, namely, providing programming and information, previews, alerts, replays, scoring data, video clips, and live web cam feeds in the fields of motorsports and esports, all of which delivered by television, radio, downloadable mobile software applications, and the internet; entertainment services in the nature of computer and video programs, sports-themed games, and fantasy sports and esports leagues, provided via downloadable mobile software applications and 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
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 042:  Computer services, namely, creating an on-line virtual environment for purposes of betting and gambling
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2216496 and 2117341.

The applicant's current Attorney Information:
      Susan S. Jackson and Lauren Hunstad of Nelson Mullins Riley & Scarborough LLP
      One Wells Fargo Center, 23rd Floor
      301 South College Street
      Charlotte, North Carolina 28202
      United States
      704-417-3126(phone)
      803-255-9831(fax)
      ip@nelsonmullins.com (authorized)
The attorney docket/reference number is 043779/00007.

The applicant's current Correspondence Information:

Susan S. Jackson

Nelson Mullins Riley & Scarborough LLP

One Wells Fargo Center, 23rd Floor       301 South College Street

Charlotte, North Carolina 28202

704-417-3126(phone)

803-255-9831(fax)

ip@nelsonmullins.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1375 has been submitted with the application, representing payment for 5 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Marshall Carlson/   Date: 10/05/2018
Signatory's Name: Marshall Carlson
Signatory's Position: Vice President
Payment Sale Number: 88144650
Payment Accounting Date: 10/09/2018

Serial Number: 88144650
Internet Transmission Date: Fri Oct 05 14:19:51 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20181005141951980
665-88144650-61032cfaa8b2c3020ab6bac40e9
cdd568665a7a85686a32337497e98228bac08e-D
A-665-20181004160248946865