Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

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

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90765962 EXITBET(Standard Characters, see http://uspto.report/TM/90765962/mark.png) has been amended as follows:

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

This is in response to the Office Action dated September 10, 2021. The Examining Attorney rejected the application pursuant to Section 2(e) on grounds that the mar, ExitBet, merely describes a type of bet offered by Applicant. The Examining Attorney is mistaken, and Applicant respectfully requests that the rejection be withdrawn. Applicant?s services are not ?exit bets? as defined in the exhibits attached to the Office Action. The mark itself is a compound word, ExitBet, and not the allegedly descriptive two-word term, ?exit bet.? Applicant?s ExitBet service is not a ?final bet? as defined in the exhibits. Applicant?s product is a feature that allows a user to cash out of an existing bet at a certain time while in the middle of a rising multiplier. Furthermore, the product permits multiple bets at the same time. A customer can cash out on one of these bets while the other multiple bets continue on. Thus, in no sense is a user of the ExitBet product making a ?final bet? as described in the exhibits. With respect to the specific questions raised in the Office Action, Applicant responds as follows: 1. Applicant?s identified services do not feature promotional events involving final bets. 2. Applicant is unaware of any competitor that offers a similar service, much less a similar service that uses the term ?exit bet? to define the same service. 3. The typical consumer is a user of online and mobile casino services. 4. ?ExitBet? will be used to identify the functionality described above. In view of the foregoing, Applicant respectfully requests that the refusal to register be withdrawn and the mark passed to publication.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: DraftKings, Inc., a corporation of Delaware, having an address of

            Suite 501      376 Boylston Street
      Boston, Massachusetts 02116
      United States
      Email Address: XXXX

Proposed: DraftKings, Inc., a corporation of Delaware, having an address of
      Suite 501
      222 Berkeley Street
      Boston, Massachusetts 02116
      United States
      Email Address: XXXX
Correspondence Information (current):
      LAWRENCE R. ROBINS
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@fisherbroyles.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): larry.robins@fisherbroyles.com

The docket/reference number is 9114.T039US.
Correspondence Information (proposed):
      Lawrence R. Robins
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@fisherbroyles.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): larry.robins@fisherbroyles.com

The docket/reference number is 9114.T039US.

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).

SIGNATURE(S)
Response Signature
Signature: /Lawrence R. Robins/     Date: 10/26/2021
Signatory's Name: Lawrence R. Robins
Signatory's Position: Attorney of Record and Member of the MA Baar

Signatory's Phone Number: 16178037040 Signature method: Signed directly within the form

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:    LAWRENCE R. ROBINS
   FISHERBROYLES LLP
   
   4 MACQUARRIE LANE
   WESTFORD, Massachusetts 01886
Mailing Address:    Lawrence R. Robins
   FISHERBROYLES LLP
   4 MACQUARRIE LANE
   WESTFORD, Massachusetts 01886
        
Serial Number: 90765962
Internet Transmission Date: Tue Oct 26 14:20:35 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202110261420355
57717-90765962-7817bfdc08513d5f6c3a88632
25ffbf59c52d70dad6a7ccc193fe6bd4ab9e8a-N
/A-N/A-20211026141750629395