To: | Everi Payments Inc. (todd.resnik@everi.com) |
Subject: | U.S. Trademark Application Serial No. 90196375 - TRILOGY - N/A |
Sent: | February 09, 2021 01:30:05 PM |
Sent As: | ecom125@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90196375
Mark: TRILOGY
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Correspondence Address: 206 WILD BASIN ROAD SOUTH, BLDG. B.
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Applicant: Everi Payments Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: February 09, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF USPTO DATABASE OF MARKS
IDENTIFICATION OF GOODS
Applicant may substitute the following wording, if accurate:
International Class 9: “{Specify, e.g., Downloadable, Recorded} computer software for administering a customer incentive rewards program providing perks that may be redeemed on games of chance; {specify, e.g., downloadable, recorded} computer software for administering a casino players rewards program whereby customers may redeem and transfer loyalty points for cash, discounts, and other benefits and promotional items; {specify, e.g., downloadable, recorded} computer software for administering a casino players rewards program; {specify, e.g., downloadable, recorded} computer software for administering an incentive award program to reward program participants who engage in gaming that allows users to earn reward points through participation in such gaming, for prizes and guaranteed rewards; {specify, e.g., downloadable, recorded} computer software for administering an incentive award program, allowing users to create, design, qualify, and schedule redemptions and conversions of various patron-earned loyalty program benefits such as bonus points, comp dollars, and other accumulation buckets to a different type of benefit such as food offers, items, slot free play, bonus points, cash, or electronic drawing entries; {specify, e.g., downloadable, recorded} computer software for administering an incentive award program, allowing users to award prizes to program participants instantly and post adjustments or redemptions directly to the patron's account through a bi-directional interface with the operator's tracking system and a kiosk or mobile device”
International Class 42: “Online non-downloadable computer software for administering a customer incentive rewards program providing perks that may be redeemed on games of chance; online non-downloadable computer software for administering a casino players rewards program whereby customers may redeem and transfer loyalty points for cash, discounts, and other benefits and promotional items; online non-downloadable computer software for administering a casino players rewards program; online non-downloadable computer software for administering an incentive award program to reward program participants who engage in gaming that allows users to earn reward points through participation in such gaming, for prizes and guaranteed rewards; online non-downloadable computer software for administering an incentive award program, allowing users to create, design, qualify, and schedule redemptions and conversions of various patron-earned loyalty program benefits such as bonus points, comp dollars, and other accumulation buckets to a different type of benefit such as food offers, items, slot free play, bonus points, cash, or electronic drawing entries; online non-downloadable computer software for administering an incentive award program, allowing users to award prizes to program participants instantly and post adjustments or redemptions directly to the patron's account through a bi-directional interface with the operator's tracking system and a kiosk or mobile device”
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
AMENDED MARK DESCRIPTION AND COLOR CLAIM
Additionally, applicant must amend the color claim to accurately and completely claim all colors in the mark.
The following description is suggested, if accurate: The mark consists of a white cube with a purple outline, wherein the top facet of the cube is represented by a blue square with rounded corners, the left facet is represented by an orange square with rounded corners, and the right facet is represented by a green square with rounded corners. To the right of the aforementioned appears the wording “TRIOLOGY” in black stylized font. Other than as aforementioned, the color white represents background, outlining, shading, and/or transparent area and is/are not part of the mark.
The following color claim is suggested, if accurate: “The colors purple, orange, blue, green, black, and white are claimed as a feature of the mark.”
RESPONSE OPTIONS
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Justin Berlin/
Justin Berlin
Trademark Examining Attorney
Law Office 125
(571) 272-5544
justin.berlin@uspto.gov
RESPONSE GUIDANCE