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. 88144650 24(Standard Characters, see http://uspto.report/TM/88144650/mark.png) has been amended as follows:

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

The Office Action states the recitation of claimed goods requires modification. Applicant has amended the identification of goods for clarification purposes as indicated herein.

 

It is not believed there are any fees associated with this response; however, should any fees be necessary, same may be charged to Deposit Account No. 501196 of the undersigned attorney.

 

It is accordingly submitted that the mark of this application is entitled to registration. Favorable reconsideration and passage to publication are respectfully requested. The Examining Attorney is encouraged to contact the undersigned with any questions with regard to the above.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for 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
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: 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 providing motorsports and esports television and radio programs 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 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 and motorsports and esports related news; 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, bettingClass 009 for 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
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for 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
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: 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; 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, 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, 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 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; 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 contestsClass 041 for 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
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.

SIGNATURE(S)
Response Signature
Signature: /Susan S. Jackson/     Date: 07/16/2019
Signatory's Name: Susan S. Jackson
Signatory's Position: Attorney of record, NC bar member

Signatory's Phone Number: 704-417-3126

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.

        
Serial Number: 88144650
Internet Transmission Date: Tue Jul 16 13:17:55 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190716131755712
654-88144650-620d040e38c72e29b0144dda37c
a5f67b346f784c65658221a683679271b996f2-N
/A-N/A-20190715134202364903