Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97723550

Filing Date: 12/19/2022

To the Commissioner for Trademarks:

MARK: BETLY (stylized and/or with design, see mark)
The literal element of the mark consists of BETLY. The mark consists of the stylized wording "BETLY" in lower case letters, and above and to the right of the letter "Y", are three straight lines, an "X", and two "O"s.
The applicant, Gamewise, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      Suite 1000
      250 Delaware Avenue
      Buffalo, New York 14202
      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:

International Class 042:  Providing temporary use of non-downloadable sports betting, gaming, and gambling software; Providing temporary use of on-line non-downloadable software and applications for sports betting, gaming, and gambling

In International Class 042, 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 09/00/2020, and first used in commerce at least as early as 09/00/2020, 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) Online software login page.
Specimen File1
Webpage URL: http://mardigras.betly.com/sports
Webpage Date of Access: 12/19/2022




The owner's/holder's proposed attorney information: Alexander C. Kaczmarek. Other appointed attorneys are Anne F. Downey, Kimberly I. Shimomura, Brian B. Shaw, Rowland Richards. Alexander C. Kaczmarek of Harter Secrest & Emery LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 1000
      50 Fountain Plaza
      Buffalo, New York 14202
      United States
      716-844-3709(phone)
      akaczmarek@hselaw.com
The docket/reference number is 084647.549.
Alexander C. Kaczmarek 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:

Alexander C. Kaczmarek

PRIMARY EMAIL FOR CORRESPONDENCE: akaczmarek@hselaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@hselaw.com; adowney@hselaw.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: /ack/   Date: 12/19/2022
Signatory's Name: Alexander C. Kaczmarek
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 716-844-3709
Signature method: Signed directly within the form
Payment Sale Number: 97723550
Payment Accounting Date: 12/19/2022

Serial Number: 97723550
Internet Transmission Date: Mon Dec 19 16:48:58 ET 2022
TEAS Stamp: USPTO/BAS-X.XX.XXX.XX-202212191648587985
90-97723550-8508681b3316d517fb7834c82b83
67b3b5f87d2615460f17bb15628c7ca766ae2db-
DA-48582998-20221219164322142824