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: 97888913

Filing Date: 04/14/2023

To the Commissioner for Trademarks:

MARK: DEVELOPED IN NEW YORK STATE (stylized and/or with design, see mark)
The literal element of the mark consists of DEVELOPED IN NEW YORK STATE. The color(s) Gold, Blue and White is/are claimed as a feature of the mark. The mark consists of a circular image representing gaming in New York State; the words DEVELOPED IN NEW YORK STATE in white, shown in outside blue circle, with two gold stars separating the words DEVELOPED IN and NEW YORK STATE, with an image of a hand holding a gold colored game control, with a blue image of the state of New York shown below the hand.
The applicant, New York State Department of Economic Development, a state agency organized under the laws of New York, having an address of
      625 Broadway
      Albany, New York 12245
      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 035:  promoting the gaming industry in the state of New York; promoting the economic development in the state of New York

In International Class 035, 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 03/22/2023, and first used in commerce at least as early as 03/22/2023, 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) Photographs showing rendering specimens at trade show promoting services.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: None Provided
Webpage Date of Access: None Provided




The owner's/holder's proposed attorney information: Brett M. Hutton. Other appointed attorneys are Applicant hereby appoints all practitioners associated with Customer No. 23405 to prosecute this application and transact all business in the U.S. Patent and Trademark Office connected therewith.. Brett M. Hutton of HESLIN ROTHENBERG FARLEY & MESITI P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      5 Columbia Circle
      Albany, New York 12203
      United States
      518-452-5600(phone)
      518-452-5579(fax)
      dock@hrfmlaw.com
The docket/reference number is 3106.232.
Brett M. Hutton 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:

Brett M. Hutton

PRIMARY EMAIL FOR CORRESPONDENCE: dock@hrfmlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): brett.hutton@hrfmlaw.com; kathryn.frederick@hrfmlaw.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: /Brett M. Hutton/   Date: 04/14/2023
Signatory's Name: Brett M. Hutton
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 518-452-5600
Signature method: Sent to third party for signature
Payment Sale Number: 97888913
Payment Accounting Date: 04/14/2023

Serial Number: 97888913
Internet Transmission Date: Fri Apr 14 14:51:40 ET 2023
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2023041414514067
5281-97888913-860a3cc4842d895bd4e67158dc
5be73548a5e958d53453fdc0cdad313abb21b7-D
A-51407200-20230414135137075471