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: 97844258

Filing Date: 03/17/2023

To the Commissioner for Trademarks:

MARK: ENCORE (Standard Characters, see mark)
The literal element of the mark consists of ENCORE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Wynn Resorts Holdings, LLC, a limited liability company legally organized under the laws of Nevada, having an address of
      Attn: Legal Department
      3131 Las Vegas Blvd., South
      Las Vegas, Nevada 89109
      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:  Online non-downloadable virtual goods, namely, computer programs featuring casino chips, gaming tables, and slot machines for use in online virtual worlds; online non-downloadable virtual goods, namely, computer programs featuring a wide variety of consumer goods, including clothing, footwear, headwear, eyewear, bags, backpacks, sports bags, key chains, magnets, and drinking ware for use in online virtual worlds; digital materials, namely, online non-downloadable files for digital graphics, digital collectibles, digital photography, and digital video clips authenticated by non-fungible tokens (NFTs); online non-downloadable software for casino games for use via a global computer network and through wireless networks and electronic devices; online non-downloadable software for engaging in social networking and interacting with online communities; online non-downloadable software for accessing and streaming multimedia entertainment content; online non-downloadable software for providing access to an online virtual environment; online non-downloadable software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in virtual environments
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4593073, 3610506, 3612437, and others.


The owner's/holder's proposed attorney information: Peter H. Ajemian. Other appointed attorneys are Erin Grolle, Laura Langberg, Lindsey Williams, Matthew McKissick and all other attorneys associated with Brownstein Hyatt Farber Schreck, LLP. Peter H. Ajemian of Brownstein Hyatt Farber Schreck, 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
      100 N. City Parkway, Suite 1600
      Las Vegas, Nevada 89106
      United States
      702-382-2101(phone)
      702-382-8135(fax)
      dntrademarkdocket@bhfs.com
The docket/reference number is 021658.1002.
Peter H. Ajemian 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:

Peter H. Ajemian

PRIMARY EMAIL FOR CORRESPONDENCE: dntrademarkdocket@bhfs.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jobermeyer@bhfs.com; mmckissick@bhfs.com; pajemian@bhfs.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: /Thomas J Reich/   Date: 03/15/2023
Signatory's Name: Thomas J. Reich
Signatory's Position: Assistant Secretary for Wynn Resorts Holdings, LLC
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97844258
Payment Accounting Date: 03/17/2023

Serial Number: 97844258
Internet Transmission Date: Fri Mar 17 13:33:45 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20230317133346
477030-97844258-860f30ebc9ed7028f9485657
a890c4349650bbadd63bdf2a653e9e49c343bacf
7f-CC-33458407-20230313183001301282