Casino Data Systems

Trademark Trial and Appeal Board

Nov 29, 2004

No. 76221529re (T.T.A.B. Nov. 29, 2004)

Mailed: November 29, 2004
GDH/gdh
UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Casino Data Systems
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Serial No. 76221529
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Request for Reconsideration
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Bernhard Kreten, Esq. for Casino Data Systems
Katherine Stoides, Trademark Examining Attorney, Law Office 110
(Chris A.F. Pedersen, Managing Attorney).
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Before Quinn, Hohein and Bucher, Administrative Trademark Judges.
Opinion by Hohein, Administrative Trademark Judge:
Applicant, by a certificate of mailing dated September
30, 2004, has filed a timely request for reconsideration of our
August 31, 2004 decision. Such decision affirmed the refusal,
under Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d), to
register the mark "BIG SHOT" for applicant's "gaming devices,
namely, gaming machines and computer game software therefor" in
view of the cited registration for the mark "BIG SHOT 21" for
"apparatus for playing casino card games featuring a progressive
jackpot, said apparatus comprised of a modified card table,
Ser. No. 76221529
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computer, computer monitors and displays, and associated computer
software."
While we have carefully considered the arguments raised
by applicant, we remain convinced that confusion as to source or
sponsorship is likely for the reasons fully set forth in our
August 31, 2004 decision. Applicant's arguments to the contrary
in its request for reconsideration constitute, in essence,
nothing more than a rehash of those previously made in its appeal
brief, and none is persuasive of a different result in this
appeal.
Accordingly, because we discern no error in our August
31, 2004 decision, applicant's request for reconsideration is
denied.