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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88503703 |
LAW OFFICE ASSIGNED |
LAW OFFICE 122 |
MARK SECTION |
MARK |
http://uspto.report/TM/88503703/mark.png |
LITERAL ELEMENT |
BIG SKY |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Entertainment services in the nature of providing a web-based system, on-line portal and social networking platform, namely, a social
casino environment, for customers to participate in online electronic gaming; providing on-line virtual environment for users to engage in online electronic gaming; providing temporary use of
non-downloadable game software featuring games played on computers, hand held devices, mobile and wireless communication devices, and internet enabled devices; providing temporary use of
non-downloadable game software featuring games played via global computer network and online social networks |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Entertainment services in the nature of providing a web-based system, on-line portal and social
networking platform, namely, a social casino environment, for customers to participate in online electronic gaming; Entertainment services in the nature of
providing a web-based system and an online portal, namely, casino gaming for customers to participate in online electronic gaming and social networking; providing on-line
virtual environment for users to engage in online electronic gaming; providing temporary use of non-downloadable game software featuring games played on computers, hand
held devices, mobile and wireless communication devices, and internet enabled devices; providing temporary use of non-downloadable game software featuring games played via
global computer network and online social networks |
FINAL DESCRIPTION |
Entertainment services in the nature of providing a web-based system and an online portal, namely, casino gaming for customers to
participate in online electronic gaming and social networking; providing on-line virtual environment for users to engage in online electronic gaming; providing temporary use of non-downloadable game
software featuring games played on computers, hand held devices, mobile and wireless communication devices, and internet enabled devices; providing temporary use of non-downloadable game software
featuring games played via global computer network and online social networks |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
The Examining Attorney has cited the prior-pending application for the mark BIG SKY COMPANY & Design, the subject of U.S. Trademark
Application Serial No. 87/735,799 (the "Cited Mark"), as a potential obstacle to registration of Applicant's Mark. However, Applicant does not agree. The goods identified in the application for the
Cited Mark are indoor and outdoor sporting goods and equipment. Those products are not identical to or closely related to Applicant's services. Applicant's Mark is used with services only available
by first accessing Applicant's virtual casino services via mobile or computer device. On the entry screen for Applicant's services there is a notice advising that the player of Applicant's games must
be 18+ years of age. See sample screenshot of mobile phone virtual casino entry point attached as Exhibit A. Upon entering the virtual casino customers can then choose among various electronic game
titles. See sample screenshot of mobile phone virtual casino lobby attached as Exhibit B. Upon selecting the game title for play the customer enters another portal to play the selected game. See
sample screenshot of game title access page attached as Exhibit C. Given the age requirement for Applicant's services and the controlled environment in which customers encounter and interact with
Applicant's Mark, Applicant asserts that the customer, market and channels of trade for the sporting goods and equipment bearing the Cited Mark differ from the channels of trade in which Applicant's
online services are provided. Moreover, those products are not subject to the same restrictions, regulations and testing as Applicant's services. For these reasons, Applicant respectfully asserts,
Applicant's products are quite distinct from those which bear the Cited Mark. Due to the differences in the respective products and services, Applicant requests that the Cited Mark be withdrawn as a
potential obstacle to registration of Applicant's Mark. |
MISCELLANEOUS FILE NAME(S) |
ORIGINAL PDF FILE |
mis-6822413096-20200318223200423960_._Exhibits_A_through_C.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\885\037\88503703\xml1\ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\885\037\88503703\xml1\ROA0003.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\885\037\88503703\xml1\ROA0004.JPG |
ORIGINAL PDF FILE |
mis-6822413096-20200318223200423960_._Miscellaneous_Statement_to_OA1_for_BIG_SKY_-_88503703__41_.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT18\885\037\88503703\xml1\ROA0005.JPG |
ATTORNEY INFORMATION (current) |
NAME |
LINDA MARIE NORCROSS |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
ARISTOCRAT TECHNOLOGIES, INC. |
INTERNAL ADDRESS |
10220 ARISTOCRAT WAY |
STREET |
10220 ARISTOCRAT WAY |
CITY |
LAS VEGAS |
STATE |
Nevada |
POSTAL CODE |
89135 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
702-270-1257 |
FAX |
7022701236 |
EMAIL |
ATUS.USPTO.MAIL@ARISTOCRAT.COM |
DOCKET/REFERENCE NUMBER |
BIGSKYOZ41 |
ATTORNEY INFORMATION (proposed) |
NAME |
LINDA MARIE NORCROSS |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Aristocrat Technologies, Inc. |
STREET |
10220 Aristocrat Way |
CITY |
Las Vegas |
STATE |
Nevada |
POSTAL CODE |
89135 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
702-270-1257 |
FAX |
702-270-1236 |
EMAIL |
linda.norcross@aristocrat.com |
DOCKET/REFERENCE NUMBER |
BIGSKYOZ41 |
OTHER APPOINTED ATTORNEY |
Jeanine M. Mitchell; Marc Foodman |
CORRESPONDENCE INFORMATION (current) |
NAME |
LINDA MARIE NORCROSS |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
ATUS.USPTO.MAIL@ARISTOCRAT.COM |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
KINDRA.PERRIGO-SORROW@ARISTOCRAT.COM |
DOCKET/REFERENCE NUMBER |
BIGSKYOZ41 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
LINDA MARIE NORCROSS |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
linda.norcross@aristocrat.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
kindra.perrigo-sorrow@aristocrat.com; atus.uspto.mail@aristocrat.com |
DOCKET/REFERENCE NUMBER |
BIGSKYOZ41 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/JEANINEMMITCHELL/ |
SIGNATORY'S NAME |
Jeanine M. Mitchell |
SIGNATORY'S POSITION |
Assistant General Counsel |
SIGNATORY'S PHONE NUMBER |
702-270-1521 |
DATE SIGNED |
03/18/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Mar 18 23:15:40 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0200318231540438975-88503
703-710fefba59169355cdc61
15bd5baf6f56c66cd68c47ece
adb0bd9d7653976bb1-N/A-N/
A-20200318223200423960 |
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.
88503703 BIG SKY(Standard Characters, see http://uspto.report/TM/88503703/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 041 for Entertainment services in the nature of providing a web-based system, on-line portal and social networking platform, namely, a social casino environment, for customers
to participate in online electronic gaming; providing on-line virtual environment for users to engage in online electronic gaming; providing temporary use of non-downloadable game software featuring
games played on computers, hand held devices, mobile and wireless communication devices, and internet enabled devices; providing temporary use of non-downloadable game software featuring games played
via global computer network and online social networks
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: Entertainment services in the nature of providing a web-based system, on-line portal and social networking platform, namely, a social
casino environment, for customers to participate in online electronic gaming;
Entertainment services in the nature of providing a web-based system and an online
portal, namely, casino gaming for customers to participate in online electronic gaming and social networking;
providing on-line virtual environment for users to engage in
online electronic gaming;
providing temporary use of non-downloadable game software featuring games played on computers, hand held devices, mobile and wireless
communication devices, and internet enabled devices;
providing temporary use of non-downloadable game software featuring games played via global computer network and online
social networksClass 041 for Entertainment services in the nature of providing a web-based system and an online portal, namely, casino gaming for customers to participate in online electronic
gaming and social networking; providing on-line virtual environment for users to engage in online electronic gaming; providing temporary use of non-downloadable game software featuring games played
on computers, hand held devices, mobile and wireless communication devices, and internet enabled devices; providing temporary use of non-downloadable game software featuring games played via global
computer network and online social networks
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.
The owner's/holder's current attorney information: LINDA MARIE NORCROSS. LINDA MARIE NORCROSS of ARISTOCRAT TECHNOLOGIES, INC., is located at
10220 ARISTOCRAT WAY
10220 ARISTOCRAT WAY
LAS VEGAS, Nevada 89135
United States
The docket/reference number is BIGSKYOZ41.
The phone number is 702-270-1257.
The fax number is 7022701236.
The email address is ATUS.USPTO.MAIL@ARISTOCRAT.COM
The owner's/holder's proposed attorney information: LINDA MARIE NORCROSS. Other appointed attorneys are Jeanine M. Mitchell; Marc Foodman. LINDA MARIE NORCROSS of Aristocrat Technologies, Inc.,
is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
10220 Aristocrat Way
Las Vegas, Nevada 89135
United States
The docket/reference number is BIGSKYOZ41.
The phone number is 702-270-1257.
The fax number is 702-270-1236.
The email address is linda.norcross@aristocrat.com
LINDA MARIE NORCROSS submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any
U.S. Commonwealth or territory.
Correspondence Information (current):
LINDA MARIE NORCROSS
PRIMARY EMAIL FOR CORRESPONDENCE: ATUS.USPTO.MAIL@ARISTOCRAT.COM
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): KINDRA.PERRIGO-SORROW@ARISTOCRAT.COM
The docket/reference number is BIGSKYOZ41.
Correspondence Information (proposed):
LINDA MARIE NORCROSS
PRIMARY EMAIL FOR CORRESPONDENCE: linda.norcross@aristocrat.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kindra.perrigo-sorrow@aristocrat.com; atus.uspto.mail@aristocrat.com
The docket/reference number is BIGSKYOZ41.
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).
ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examining Attorney has cited the prior-pending application for the mark BIG SKY COMPANY & Design, the subject of U.S. Trademark Application Serial No. 87/735,799 (the "Cited Mark"), as a
potential obstacle to registration of Applicant's Mark. However, Applicant does not agree. The goods identified in the application for the Cited Mark are indoor and outdoor sporting goods and
equipment. Those products are not identical to or closely related to Applicant's services. Applicant's Mark is used with services only available by first accessing Applicant's virtual casino services
via mobile or computer device. On the entry screen for Applicant's services there is a notice advising that the player of Applicant's games must be 18+ years of age. See sample screenshot of mobile
phone virtual casino entry point attached as Exhibit A. Upon entering the virtual casino customers can then choose among various electronic game titles. See sample screenshot of mobile phone virtual
casino lobby attached as Exhibit B. Upon selecting the game title for play the customer enters another portal to play the selected game. See sample screenshot of game title access page attached as
Exhibit C. Given the age requirement for Applicant's services and the controlled environment in which customers encounter and interact with Applicant's Mark, Applicant asserts that the customer,
market and channels of trade for the sporting goods and equipment bearing the Cited Mark differ from the channels of trade in which Applicant's online services are provided. Moreover, those products
are not subject to the same restrictions, regulations and testing as Applicant's services. For these reasons, Applicant respectfully asserts, Applicant's products are quite distinct from those which
bear the Cited Mark. Due to the differences in the respective products and services, Applicant requests that the Cited Mark be withdrawn as a potential obstacle to registration of Applicant's
Mark.
Original PDF file:
mis-6822413096-20200318223200423960_._Exhibits_A_through_C.pdf
Converted PDF file(s) ( 3 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Original PDF file:
mis-6822413096-20200318223200423960_._Miscellaneous_Statement_to_OA1_for_BIG_SKY_-_88503703__41_.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1
SIGNATURE(S)
Response Signature
Signature: /JEANINEMMITCHELL/ Date: 03/18/2020
Signatory's Name: Jeanine M. Mitchell
Signatory's Position: Assistant General Counsel
Signatory's Phone Number: 702-270-1521
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: LINDA MARIE NORCROSS
ARISTOCRAT TECHNOLOGIES, INC.
10220 ARISTOCRAT WAY
10220 ARISTOCRAT WAY
LAS VEGAS, Nevada 89135
Mailing Address: LINDA MARIE NORCROSS
Aristocrat Technologies, Inc.
10220 Aristocrat Way
Las Vegas, Nevada 89135
Serial Number: 88503703
Internet Transmission Date: Wed Mar 18 23:15:40 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020031823154043
8975-88503703-710fefba59169355cdc6115bd5
baf6f56c66cd68c47eceadb0bd9d7653976bb1-N
/A-N/A-20200318223200423960