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)

---

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: 88639415

Filing Date: 10/02/2019

To the Commissioner for Trademarks:

MARK: BUTTERFLY STAXX 2 (stylized and/or with design, see mark)
The literal element of the mark consists of BUTTERFLY STAXX 2. The color(s) white, blue, yellow, orange, black is/are claimed as a feature of the mark. The mark consists of the phrase Butterfly STAXX 2 in blue stylized font highlighted in white and yellow. The number 2 is to the right of the word Butterfly and the word STAXX is above the tail of the letter y that curls beneath the word Butterfly. A butterfly with a yellow body and white and yellow wings, both highlighted in orange, rests on the outside curve of the number 2. Small white starbursts cluster around the butterfly's wings and larger starbursts rest on the letters B, t, r, S and the number 2 of the literal elements of the mark. All depicted on a black background.
The applicant, NetEnt Product Services Ltd, a limited liability company legally organized under the laws of Malta, having an address of
      Level One, Spinola Park
      Mikiel Ang. Borg Street
      St. Julians SPK1000
      Malta

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 interactive computer game programs; Downloadable software and applications for mobile devices for playing of video game programs; Downloadable entertainment software for playing of video game programs; Downloadable entertainment software, namely, game software that enables betting, gaming, and gambling; Downloadable computer gaming software; Downloadable computer game software
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018078308, filed 06/05/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Based on Foreign Registration: 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, and submits a copy of European Union Trademark - EUTM registration number 018078308, and/or proof of renewal, registered 09/18/2019 with a renewal date of __________ and an expiration date of 06/05/2029, and translation thereof, if appropriate.

Original PDF file:
reg-7420424194-135711098_._E.U._Certificate_of_Registration_BUTTERFLY_STAXX_2.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3


International Class 041:  Entertainment services, namely, providing temporary use of non-downloadable interactive games; Interactive entertainment services, namely, providing temporary use of non-downloadable interactive games; Gambling services; Gaming services provided on-line from a computer network in the nature of casino 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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018078308, filed 06/05/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Based on Foreign Registration: 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, and submits a copy of European Union Trademark - EUTM registration number 018078308, and/or proof of renewal, registered 09/18/2019 with a renewal date of __________ and an expiration date of 06/05/2029, and translation thereof, if appropriate.

Original PDF file:
reg-7420424194-135711098_._E.U._Certificate_of_Registration_BUTTERFLY_STAXX_2.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5593200.


The applicant hereby appoints Molly Mack Crandall. Other appointed attorneys are Mark A. Cantor, Elizabeth F. Janda, Hope V. Shovein, Robyn S. Lederman, Anna K. Robinson, Chanille Carswell, Amy C. Leshan, Maria F. Angileri, Jennifer K. Ziegler, Robert C.J. Tuttle, Rebecca Cantor, Erica D. Klein. Molly Mack Crandall of Brooks Kushman P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1000 Town Center, 22nd Floor
      Southfield, Michigan 48075
      United States
      248-358-4400(phone)
      trademarks@brookskushman.com (authorized).
The attorney docket/reference number is AJG0320TUS.
Molly Mack Crandall 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.

The applicant's current Correspondence Information:

Molly Mack Crandall

Brooks Kushman P.C.

1000 Town Center, 22nd Floor

Southfield, Michigan 48075

248-358-4400(phone)

trademarks@brookskushman.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $550 has been submitted with the application, representing payment for 2 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: /molly crandall/   Date: 10/02/2019
Signatory's Name: Molly Mack Crandall
Signatory's Position: Attorney of Record, Michigan Bar Member
Payment Sale Number: 88639415
Payment Accounting Date: 10/02/2019

Serial Number: 88639415
Internet Transmission Date: Wed Oct 02 15:44:45 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2019100215444513
9957-88639415-6108b882ef9e4df46391feef29
d4d7e013f99138badb673136d119f3b7e47fd0-D
A-44450044-20191001135711098216