TEAS Plus New Application

PTO- 1478

Approved for use through 09/30/2021. 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

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PTO- 1478

Approved for use through 09/30/2021. 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

TEAS Plus Application

Serial Number: 97039887

Filing Date: 09/22/2021

To the Commissioner for Trademarks:

MARK: PitXpress (stylized and/or with design, see mark)
The literal element of the mark consists of PitXpress. The color(s) purple and gold is/are claimed as a feature of the mark. The mark consists of a purple and gold two-dimensional hexagon that contains on the gold portion overlapping purple images of two playing cards with purple images of two overlapping casino gaming chips partially obscuring the lower right-hand corners of the cards. Both playing card images contain the letter "E" in the upper right-hand corner with the top playing card containing another "E" in the lower left-hand corner and a solid purple hexagon in the center. The purple portion of the two-dimensional hexagon partially obscures the top playing card image. The top casino gaming chip image contains the purple outline of a star. The word "PitXpress" is displayed to the right of the hexagon in purple letters, except for the "X", which is in gold.
The applicant, Everi Payments Inc., a corporation of Delaware, having an address of
      7250 S. Tenaya Way, Suite 100
      Las Vegas, Nevada 89113
      United States
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Downloadable computer software for casino management, namely, computer software for conducting and processing financial transactions, monitoring casino site, floor, machine, and game performance, collecting user information and data, verifying winning patron information, generating legal forms, and distributing payments; Downloadable computer software for monitoring, conducting, processing, verifying, and completing financial transactions in the casino gaming industry; Downloadable computer application software for mobile devices, namely, software for monitoring, conducting, processing, verifying, and completing financial transactions in the casino gaming industry
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. (15 U.S.C. Section 1051(b)).



Miscellaneous Statement
The applicant claims ownership of pending application number 90556005.


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
      512-334-7500(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 $250 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: /wtr/   Date: 09/22/2021
Signatory's Name: William Todd Resnik
Signatory's Position: SVP, Corporate Counsel
Signatory's Phone Number: 5123347500
Signature method: Sent to third party for signature
Payment Sale Number: 97039887
Payment Accounting Date: 09/22/2021

Serial Number: 97039887
Internet Transmission Date: Wed Sep 22 15:44:31 ET 2021
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2021092215443106
8679-97039887-78135ae98737956ce0ff597189
db288ab92d8eb9971bcc9964921b1d57abb91a1b
-DA-44302903-20210922120036910354