Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90510727

Filing Date: 02/04/2021

To the Commissioner for Trademarks:

MARK: RED ALERT (Standard Characters, see mark)
The literal element of the mark consists of RED ALERT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, EVERI GAMES INC., a corporation of Delaware, having an address of
      206 Wild Basin Road South, Bldg. B.
      Austin, Texas 78746
      United States
      512-334-7500(phone)
      512-334-7695(fax)
      XXXX

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 041:  Entertainment services, namely, providing on-line computer games

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/15/2020, and first used in commerce at least as early as 10/15/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screen shot of an on-screen display when the software program is in operation on the mobile device..
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 041:  Entertainment services, namely, providing temporary use of non-downloadable computer games

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/15/2020, and first used in commerce at least as early as 10/15/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screen shot of an on-screen display when the software program is in operation on the mobile device..
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 041:  Entertainment services, namely, providing temporary use of non-downloadable interactive games

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/15/2020, and first used in commerce at least as early as 10/15/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screen shot of an on-screen display when the software program is in operation on the mobile device..
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 041:  Entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure or entertainment purposes

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/15/2020, and first used in commerce at least as early as 10/15/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screen shot of an on-screen display when the software program is in operation on the mobile device..
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 041:  Providing online non-downloadable game software

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/15/2020, and first used in commerce at least as early as 10/15/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screen shot of an on-screen display when the software program is in operation on the mobile device..
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 041:  Providing temporary use of non-downloadable game software featuring electronic games played on computers, hand held devices, mobile and wireless communication devices, and internet enabled devices.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/15/2020, and first used in commerce at least as early as 10/15/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screen shot of an on-screen display when the software program is in operation on the mobile device..
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 041:  Providing temporary use of non-downloadable game software featuring electronic games played via global computer network and online social networks.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/15/2020, and first used in commerce at least as early as 10/15/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screen shot of an on-screen display when the software program is in operation on the mobile device..
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4272908.


For informational purposes only, applicant's website address is: http://www.everi.com

The owner's/holder's proposed attorney information: W. Todd Resnik. W. Todd Resnik, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      206 Wild Basin Road South, Bldg. B.
      Austin, Texas 78746
      United States
      512-334-7642(phone)
      512-334-7695(fax)
      todd.resnik@everi.com

W. Todd Resnik 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:

W. Todd Resnik

PRIMARY EMAIL FOR CORRESPONDENCE: todd.resnik@everi.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): peggy.zaongo@everi.com; trademarks@everi.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $350 has been submitted with the application, representing payment for 1 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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 adair/   Date: 02/04/2021
Signatory's Name: Marshall Adair
Signatory's Position: Vice President & Executive Producer, Digital & Interactive
Signatory's Phone Number: 512-334-7500
Signature method: Sent to third party for signature
Payment Sale Number: 90510727
Payment Accounting Date: 02/04/2021

Serial Number: 90510727
Internet Transmission Date: Thu Feb 04 15:50:47 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXX:X
XX:XXXX-20210204155047361924-90510727-76
07a86d53649c32aac20dde3ca4f5f80ef68af6e5
8c6153c4c17bf37897e33dfb-CC-50461150-202
10204144613533387