Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1217086
`06/22/2022
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer information
`
`Name
`Granted to date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`Docket no.
`
`Aristocrat Technologies Australia Pty Ltd.
`06/22/2022
`
`BUILDING A, PINNACLE OFFICE PARK
`85 EPPING ROAD
`NORTH RYDE, NSW 2113
`AUSTRALIA
`
`PETER A. SWANSON
`COVINGTON & BURLING LLP
`ONE CITYCENTER
`850 TENTH STREET, NW
`WASHINGTON, DC 20001
`UNITED STATES
`Primary email: trademarks@cov.com
`Secondary email(s): pswanson@cov.com, mlavalleye@cov.com, rhun-
`ziker@cov.com
`702-270-1257
`034786.00142
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`90764355
`06/22/2022
`
`Publication date
`Opposition period
`ends
`
`02/22/2022
`06/22/2022
`
`Gaming Realms plc
`TWO VALENTINE PLACE
`LONDON, SE18QH
`UNITED KINGDOM
`Goods/services affected by opposition
`
`Class 009. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Downloadable interactive multimedia com-
`puter game programs
`Class 041. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Entertainment services, namely, providing
`games of chance via the Internet; Entertainment services, namely, providing temporary use of non-
`downloadable interactive games
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`

`

`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`
`Goods/services
`
`4190788
`
`Principal
`08/14/2012
`
`BUFFALO
`
`Application date
`
`02/06/2012
`
`Foreign priority
`date
`
`NONE
`
`The mark consists of three horned buffalo, one prominently front center fa-
`cing,one behind facing left, the other behind facing right, all running forward
`kicking up dust in the foreground. Prominentfront buffalo has right front hoof pro-
`truding through the roped border that frames the scene. Prominent front buffalo
`is haloed by the sun emitting rays in theupper background and shadows on
`mountains in the lower background. A horizontalline separates the upper and
`lower horizon. The stylized word "BUFFALO" underlined is located top back cen-
`ter, sitting behind the prominent buffalo's head and partially blocking the second
`"F" of theword, and is also superimposed over, and extending above, the roped
`border framing the scene.
`Class 028. First use: First Use: Nov 6, 2003 First Use In Commerce: Nov 6,
`2003
`Electronic gaming machines, namely, devices which accept a wager
`
`U.S. application
`no.
`Registration date
`
`90134138
`
`NONE
`
`Word mark
`Design mark
`
`BUFFALO
`
`Application date
`
`08/24/2020
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`The mark consists of the word BUFFALO in an old western style font.
`
`Class 028. First use: First Use: None First Use In Commerce: None
`Gaming machines, with or without video output, which accept a wager; reconfig-
`urable casino and lottery gaming equipment, namely, gaming machines and re-
`corded and downloadable operational game software therefor sold as a unit;
`electronic gaming equipment, namely, gaming machines with embedded recor-
`ded gaming software which accept a wager
`
`U.S. application
`no.
`Registration date
`
`90141564
`
`NONE
`
`Word mark
`
`BUFFALO
`
`Application date
`
`08/27/2020
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the stylized wording "BUFFALO" in gold and orange in an
`old western style font outlined in white and black. The color gray represents
`background only and is not claimed as a feature of the mark.
`Class 028. First use: First Use: None First Use In Commerce: None
`Gaming machines, with or without video output, which accept a wager; reconfig-
`urable casino and lottery gaming equipment, namely, gaming machines and re-
`corded and downloadable operational game software therefor sold as a unit;
`electronic gaming equipment, namely, gaming machines with embedded recor-
`ded gaming software which accept a wager
`
`U.S. application
`no.
`Registration date
`
`90543540
`
`NONE
`
`Word mark
`Design mark
`
`BUFFALO ASCENSION
`
`Application date
`
`02/24/2021
`
`Foreign priority
`date
`
`02/22/2021
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Recorded game software for gambling machines; recorded game software for
`gamingmachines; electronic games that accept virtual or monetary wagers sold
`as a feature of downloadable game software and game firmware; electronic
`games that accept virtual or monetary wagers sold as a feature of recorded
`game software and game firmware; downloadable game software and game
`firmware for playing electronicgames on any electronic platform; recorded game
`
`

`

`software and game firmware for playing electronic games on any electronic plat-
`form
`
`U.S. registration
`no.
`Register
`Registration date
`
`5303152
`
`Principal
`10/03/2017
`
`Word mark
`Design mark
`
`BUFFALO MOON
`
`Application date
`
`09/20/2016
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Feb 16, 2012 First Use In Commerce: Feb 16,
`2012
`COMPUTER SOFTWARE FOR A COMPONENT OF GAMING MACHINES
`THAT ACCEPT WAGERS, NAMELY, SOFTWARE FOR USE IN OPERATING
`GAMING MACHINE REELS
`
`U.S. registration
`no.
`Register
`Registration date
`
`6442337
`
`Principal
`08/03/2021
`
`Application date
`
`04/29/2020
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`BUFFALO XING
`
`NONE
`
`Class 041. First use: First Use: Jul 1, 2020 First Use In Commerce: Jul 1, 2020
`Entertainment, amusement and recreational services, namely, providing casino
`gaming equipment, gambling equipment, gaming equipment and a multi-player
`gaming experience for gaming lounges
`
`U.S. registration
`no.
`Register
`Registration date
`
`6733340
`
`Principal
`05/24/2022
`
`Word mark
`
`BUFFALO GOLD
`
`Application date
`
`04/06/2021
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Jun 15, 2017 First Use In Commerce: Jun 15,
`2017
`Downloadable computer game software viaa global computer network and wire-
`less devices; Downloadable game software; Downloadable electronic games via
`the internet and wireless devices; Recorded game software
`
`U.S. application
`no.
`Registration date
`
`90389942
`
`NONE
`
`Word mark
`Design mark
`
`BUFFALO STRIKE
`
`Application date
`
`12/17/2020
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Recorded game software for gambling machines; recorded game software for
`gamingmachines; electronic games that accept virtual or monetary wagers sold
`as a feature of downloadable game software and game firmware; electronic
`games that accept virtual or monetary wagers sold as a feature of recorded
`game software and game firmware; downloadable game software and game
`firmware for playing electronicgames on any electronic platform; recorded game
`software and game firmware for playing electronic games on any electronic plat-
`form
`
`U.S. registration
`no.
`Register
`Registration date
`
`5706634
`
`Principal
`03/26/2019
`
`Word mark
`
`BUFFALO GOLD
`
`Application date
`
`03/21/2017
`
`Foreign priority
`date
`
`03/20/2017
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: None First Use In Commerce: None
`Entertainment services, namely, providing on-line computer, video and electron-
`ic games
`
`5595764
`
`Application date
`
`04/02/2018
`
`Principal
`10/30/2018
`
`Foreign priority
`date
`BUFFALO GOLD COLLECTION
`
`NONE
`
`NONE
`
`Class 041. First use: First Use: Jul 29, 2016 First Use In Commerce: Jul 29,
`2016
`Entertainment services in the nature ofproviding a web-based system, on-line
`portal and social networking platform forcustomers to participate in online gam-
`ing; providing on-line virtual environment for users to engage in online gaming;
`non-downloadable software featuring games played on computers, hand held
`devices, mobile and wireless communication devices, and internet enabled
`devices; non-downloadable software featuring games played via global com-
`puter network and online social networks
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`
`6640317
`
`Application date
`
`07/09/2020
`
`Principal
`02/08/2022
`
`Foreign priority
`date
`BUFFALO GOLD MAX POWER
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: Aug 9, 2021 First Use In Commerce: Aug 9,
`2021
`Entertainment services in the nature ofproviding a web-based system and on-
`line portal, namely, a social casino environment, for customers to participate in
`online electronic gaming; providing an on-line virtual environment for users to
`engage in online electronic gaming; providing temporary use of non-
`downloadable game software featuring electronic games played on computers,
`hand held devices, mobile and wireless communication devices, and internet en-
`abled devices; providing temporary use of non-downloadable game software
`featuring electronic games played via global computer network and online social
`networks
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`5725226
`
`Application date
`
`05/18/2018
`
`Principal
`04/16/2019
`
`Foreign priority
`date
`BUFFALO GOLD REVOLUTION
`
`04/10/2018
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: None First Use In Commerce: None
`Entertainment services in the nature ofproviding a web-based system, on-line
`portal and social networking platform forcustomers to participate in online gam-
`ing featuring slot games; providing on-line virtual environment for users to en-
`gage in slot games; non-downloadable software featuring slot games played on
`computers, hand held devices, mobile and wireless communication devices, and
`internetenabled devices; non-downloadable software featuring slot games
`played via global computer network and online social networks
`
`U.S. registration
`no.
`
`6648494
`
`Application date
`
`03/10/2021
`
`

`

`Register
`Registration date
`
`Principal
`02/15/2022
`
`Word mark
`Design mark
`
`BUFFALO TRIPLE POWER
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 028. First use: First Use: Oct 11, 2021 First Use In Commerce: Oct 11,
`2021
`Gaming devices, namely, gaming machines, slot machines, bingo machines,
`with orwithout video output; Gaming machines for gambling; Preinstalled soft-
`ware for accepting wagers sold as a component of gaming machines; Reconfig-
`urable casino and lottery gaming equipment, namely, gaming machines and re-
`corded operational computer game software therefor sold as a unit
`
`U.S. registration
`no.
`Register
`Registration date
`
`6153173
`
`Principal
`09/15/2020
`
`Word mark
`Design mark
`
`BUFFALO LEGENDS
`
`Application date
`
`03/09/2020
`
`Foreign priority
`date
`
`03/02/2020
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 028. First use: First Use: Mar 24, 2013 First Use In Commerce: Mar 24,
`2013
`Gaming machines, with or without video output, which accept a wager; Recon-
`figurable casino and lottery gaming equipment, namely, gaming machines which
`accept awager and recorded operational game software therefor sold as a unit;
`Electronic gaming equipment, namely, gaming machines which accept a wager
`with embedded recorded gaming software therefor sold asa unit
`
`U.S. application
`no.
`
`88379916
`
`Application date
`
`04/10/2019
`
`

`

`Registration date
`
`NONE
`
`Word mark
`Design mark
`
`BUFFALO RUSH
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: None First Use In Commerce: None
`Entertainment services in the nature ofproviding a web-based system and on-
`line portal for customers to participate inonline electronic gaming; providing on-
`line virtual environment for users to engage in online electronic gaming; provid-
`ing temporary use of non-downloadable game software featuring games played
`on computers, hand held devices, mobile and wireless communication devices,
`and internet enabled devices; providing temporaryuse of non-downloadable
`game software featuring games played via global computer network and online
`social networks
`
`U.S. application
`no.
`Registration date
`
`Word mark
`Design mark
`
`88379951
`
`Application date
`
`04/10/2019
`
`NONE
`
`Foreign priority
`date
`WHALES OF CASH RISING JACKPOTS
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Recorded game software for gambling machines; recorded game software for
`gamingmachines; electronic games that accept virtual or monetary wagers sold
`as a feature of downloadable game software and recorded game software;
`downloadable gamesoftware and firmware for playing gameson any electronic
`platform
`
`U.S. application
`no.
`Registration date
`
`90121608
`
`NONE
`
`Application date
`
`08/18/2020
`
`Foreign priority
`
`03/13/2020
`
`

`

`Word mark
`Design mark
`
`POMPEII RISING JACKPOTS
`
`date
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Recorded game software for gambling machines; recorded game software for
`gamingmachines; electronic games that accept virtual or monetary wagers sold
`as a feature of downloadable game software and game firmware; electronic
`games that accept virtual or monetary wagers sold as a feature of recorded
`game software and game firmware; downloadable game software and game
`firmware for playing electronicgames on any electronic platform; recorded game
`software and game firmware for playing electronic games on any electronic plat-
`form
`
`U.S. application
`no.
`Registration date
`
`88401541
`
`NONE
`
`Word mark
`Design mark
`
`MIGHTY CASH RISING
`
`Application date
`
`04/25/2019
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: None First Use In Commerce: None
`Entertainment services in the nature ofproviding a web-based system and on-
`line portal for customers to participate inonline electronic gaming; providing on-
`line virtual environment for users to engage in online electronic gaming; provid-
`ing temporary use of non-downloadable game software featuring games played
`on computers, hand held devices, mobile and wireless communication devices,
`and internet enabled devices; providing temporaryuse of non-downloadable
`game software featuring games played via global computer network and online
`social networks
`
`U.S. application
`
`88521209
`
`Application date
`
`07/18/2019
`
`

`

`no.
`Registration date
`
`NONE
`
`Word mark
`Design mark
`
`CASH XTREME RISING
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: None First Use In Commerce: None
`entertainment services in the nature ofproviding a web-based system, on-line
`portal and social networking platform, namely, a social casino virtual environ-
`ment, for customers to participate in online electronic gaming; providing on-line
`virtual environment for users to engage in online electronic gaming; providing
`temporary use of non-downloadable game software featuring games played on
`computers, hand held devices, mobile and wireless communication devices, and
`internet enabled devices; providing temporary use of non-downloadable game
`software featuring games played via global computer network and online social
`networks
`
`U.S. application
`no.
`Registration date
`
`88959000
`
`NONE
`
`Word mark
`Design mark
`
`CASH RISING
`
`Application date
`
`06/10/2020
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 028. First use: First Use: None First Use In Commerce: None
`Gaming machines, with or without video output, which accept a wager; reconfig-
`urable casino and lottery gaming equipment, namely, gaming machines and re-
`corded and downloadable operational game software therefor sold as a unit;
`electronic gaming equipment, namely, gaming machines with embedded recor-
`ded gaming software which accept a wager
`
`U.S. registration
`
`6740010
`
`Application date
`
`03/20/2020
`
`

`

`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`Principal
`05/24/2022
`
`Foreign priority
`date
`CASH XTREME RISING DUAL DRAGONS
`
`NONE
`
`NONE
`
`Class 028. First use: First Use: Oct 2020 First Use In Commerce: Oct 2020
`Gaming machines, with or without video output, which accept a wager; reconfig-
`urable casino and lottery gaming equipment, namely, gaming machines and op-
`erational game software therefor sold as a unit;electronic gaming equipment,
`namely, gaming machines with embedded gaming software which accept a
`wager
`
`5939929
`
`Application date
`
`01/31/2019
`
`Principal
`12/17/2019
`
`Foreign priority
`date
`5 DRAGONS RISING JACKPOTS
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 028. First use: First Use: Oct 15, 2019 First Use In Commerce: Oct 15,
`2019
`Gaming machines, with or without video output, which accept a wager; reconfig-
`urable casino and lottery gaming equipment, namely, gaming machines and op-
`erational computer game software therefor sold as a unit; a feature of gaming
`machines, namely, devices which accept a wager; component feature of elec-
`tronic gaming machines, namely, an embedded software feature sold as an in-
`tegral part of devices which accept a wager
`
`

`

`U.S. registration
`no.
`Register
`Registration date
`
`5951620
`
`Principal
`12/31/2019
`
`Application date
`
`01/31/2019
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`
`POMPEII RISING JACKPOTS
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 028. First use: First Use: Oct 15, 2019 First Use In Commerce: Oct 15,
`2019
`Gaming machines, with or without video output, which accept a wager; reconfig-
`urable casino and lottery gaming equipment, namely, gaming machines and op-
`erational computer game software therefor sold as a unit; a feature of gaming
`machines, namely, devices which accept a wager; component feature of elec-
`tronic gaming machines, namely, an embedded software feature sold as an in-
`tegral part of devices which accept a wager
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`6081318
`
`Application date
`
`04/10/2019
`
`Principal
`06/16/2020
`
`Foreign priority
`date
`WHALE$OFCA$H RISING JACKPOTS
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 028. First use: First Use: Oct 15, 2019 First Use In Commerce: Oct 15,
`2019
`Gaming machines, with or without video output, which accept a wager; a feature
`of gaming machines, namely, gaming devices which accept a wager; gaming
`softwaresold as an integral part of electronic gaming machines
`
`

`

`90134138#TMSN.png( bytes )
`90141564#TMSN.png( bytes )
`90543540#TMSN.png( bytes )
`87177504#TMSN.png( bytes )
`88893436#TMSN.png( bytes )
`90626514#TMSN.png( bytes )
`90389942#TMSN.png( bytes )
`87380002#TMSN.png( bytes )
`87859217#TMSN.png( bytes )
`90044612#TMSN.png( bytes )
`87927348#TMSN.png( bytes )
`90570428#TMSN.png( bytes )
`88826401#TMSN.png( bytes )
`88379916#TMSN.png( bytes )
`88379951#TMSN.png( bytes )
`90121608#TMSN.png( bytes )
`88401541#TMSN.png( bytes )
`88521209#TMSN.png( bytes )
`88959000#TMSN.png( bytes )
`88842190#TMSN.png( bytes )
`88284198#TMSN.png( bytes )
`88284208#TMSN.png( bytes )
`88379941#TMSN.png( bytes )
`Notice of Opposition - BUFFALO RISING - Ser. No. 90764355.pdf(221761 bytes
`
`)E
`
`xhibit A - Aristocrat TSDR.pdf(377574 bytes )
`Exhibit B - Gaming Realms TSDR.pdf(74974 bytes )
`Exhibit C - gamingrealms.com.pdf(5220861 bytes )
`Exhibit D - gamingrealms.com about.pdf(6139230 bytes )
`
`Attachments
`
`Signature
`Name
`Date
`
`/Peter A. Swanson/
`Peter A. Swanson
`06/22/2022
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`Opposer,
`
`v.
`
`
`
`
`
`
`
`Opp. No. _______________
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Ser. No.:
`Mark:
`Filing Date:
`Publication Date:
`
`90/764,355
`BUFFALO RISING
`June 9, 2021
`February 22, 2022
`
`
`Aristocrat Technologies Australia Pty Ltd.,
`
`
`
`
`
`Gaming Realms plc,
`
`
`
`
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Aristocrat Technologies Australia Pty Ltd., an Australian proprietary limited company
`
`located at Building A, Pinnacle Office Park, 85 Epping Road, North Ryde, NSW, 2113,
`
`Australia, and its affiliate company Aristocrat Technologies, Inc., a Nevada corporation
`
`(collectively, “Opposer”), submits that it will be damaged by registration of the mark BUFFALO
`
`RISING, which is the subject of the application filed by Gaming Realms plc, a UK public limited
`
`company located at Two Valentine Place, London, UK SE18QH (“Applicant”). Pursuant to 15
`
`U.S.C. § 1063, Opposer hereby opposes said application and, as grounds for the opposition,
`
`alleges the following:
`
`1.
`
`Opposer is one of the world’s largest and most prominent makers of electronic
`
`gaming machines and electronic gaming software. In recent years, Opposer also has become one
`
`of the world’s largest publishers of social casino-style games—a category of free-to-play video
`
`games available on a smartphone, tablet, or internet browser.
`
`
`
`
`
`

`

`2.
`
`Opposer manufactures, distributes, sells, and licenses its gaming machines,
`
`gaming software, and social casino games and related services (collectively, “Opposer’s
`
`Games”) in a number of countries around the world and conducts a significant portion of its
`
`business in the United States, including through Opposer’s place of business in Las Vegas,
`
`Nevada.
`
`3.
`
`One of Opposer’s most successful offerings is its BUFFALO series of games.
`
`The BUFFALO series includes the original BUFFALO games, as well as many subsequent
`
`versions, such as BUFFALO STAMPEDE and BUFFALO GRAND. Each game has slightly
`
`different features and game play, but all are unified under the BUFFALO name and the games’
`
`instantly recognizable look and feel.
`
`4.
`
`Another of Opposer’s highly successful offerings is its RISING series of games.
`
`Games in the RISING series, such as 5 DRAGONS RISING JACKPOTS and POMPEII RISING
`
`JACKPOTS, feature different themes, but are unified through their shared progressive jackpot
`
`and symbol upgrade structure.
`
`5.
`
`Opposer has used BUFFALO marks, BUFFALO-formative marks, and RISING-
`
`formative marks in connection with the BUFFALO and RISING series of games for many years,
`
`and, as a result, such marks have become closely associated with Opposer and Opposer’s Games.
`
`6.
`
`Opposer owns, among many others, the following federal trademark applications
`
`and registrations, as well as underlying common law rights, for BUFFALO marks and
`
`BUFFALO-formative marks (collectively, “BUFFALO Mark s”) and RISING-formative marks
`
`(“RISING Mark s,” and together with the BUFFALO Marks, “Opposer’s Marks”) for use in
`
`connection with Opposer’s Games:
`
`2
`
`

`

`Mark
`
`Goods and Services
`
`App. Date
`App. No.
`
`Reg. Date
`Reg. No.
`
`Status
`
`BUFFALO & Design
`
`Int. Cl. 28 Electronic gaming machines, namely, devices which
`
`App 06-FEB-2012
`
`Reg 14-AUG-2012
`
`Registered
`
`accept a wager
`
`App 85534884
`
`Reg 4190788
`
`
`
`BUFFALO & Design
`
`Int. Cl. 28 Gaming machines, with or without video output,
`
`App 24-AUG-2020
`
`
`
`Pending
`
`which accept a wager; reconfigurable casino and lottery gaming
`
`App 90134138
`
`
`
`equipment, namely, gaming machines and recorded and
`
`downloadable operational game software therefor sold as a unit;
`electronic gaming equipment, namely, gaming machines with
`
`embedded recorded gaming software which accept a wager
`
`BUFFALO & Design
`
`Int. Cl. 28 Gaming machines, with or without video output,
`
`App 27-AUG-2020
`
`
`
`Published
`
`which accept a wager; reconfigurable casino and lottery gaming
`equipment, namely, gaming machines and recorded and
`
`App 90141564
`
`downloadable operational game software therefor sold as a unit;
`
`electronic gaming equipment, namely, gaming machines with
`
`
`
`embedded recorded gaming software which accept a wager
`
`BUFFALO
`
`Int. Cl. 9 Recorded game software for gambling machines;
`
`App 24-FEB-2021
`
`
`
`Pending
`
`ASCENSION
`
`recorded game software for gaming machines; electronic games
`
`App 90543540
`
`that accept virtual or monetary wagers sold as a feature of
`
`downloadable game software and game firmware; electronic
`
`games that accept virtual or monetary wagers sold as a feature of
`
`recorded game software and game firmware; downloadable game
`software and game firmware for playing electronic games on any
`
`electronic platform; recorded game software and game firmware
`
`for playing electronic games on any electronic platform
`
`BUFFALO MOON
`
`Int. Cl. 9 Computer software for a component of gaming
`
`App 20-SEP-2016
`
`Reg 03-OCT -2017
`
`Registered
`
`machines that accept wagers, namely, software for use in
`
`App 87177504
`
`Reg 5303152
`
`operating gaming machine reels
`
`BUFFALO XING
`
`Int. Cl. 41 Entertainment, amusement and recreational services,
`
`App 29-APR-2020
`
`Reg 03-AUG-2021
`
`Registered
`
`namely, providing casino gaming equipment, gambling
`equipment, gaming equipment and a multi-player gaming
`
`experience for gaming lounges
`
`App 88893436
`
`Reg 6442337
`
`BUFFALO GOLD
`
`Int. Cl. 9 Downloadable computer game software via a global
`
`App 06-APR-2021
`
`Reg 24-MAY-2022
`
`Registered
`
`computer network and wireless devices; downloadable game
`
`App 90626514
`
`Reg 6733340
`
`software; downloadable electronic games via the internet and
`wireless devices; recorded game software
`
`BUFFALO ST RIKE
`
`Int. Cl. 9 Recorded game software for gambling machines;
`
`App 17-DEC-2020
`
`
`
`Published
`
`recorded game software for gaming machines; electronic games
`
`App 90389942
`
`that accept virtual or monetary wagers sold as a feature of
`downloadable game software and game firmware; electronic
`
`games that accept virtual or monetary wagers sold as a feature of
`
`recorded game software and game firmware; downloadable game
`
`software and game firmware for playing electronic games on any
`
`electronic platform; recorded game software and game firmware
`for playing electronic games on any electronic platform
`
`BUFFALO GOLD
`
`Int. Cl. 41 Entertainment services, namely, providing on-line
`
`App 21-MAR-2017
`
`Reg 26-MAR-2019
`
`Registered
`
`computer, video and electronic games
`
`App 87380002
`
`Reg 5706634
`
`3
`
`

`

`Mark
`
`Goods and Services
`
`App. Date
`App. No.
`
`Reg. Date
`Reg. No.
`
`Status
`
`BUFFALO GOLD
`
`Int. Cl. 41 Entertainment services in the nature of providing a
`
`App 02-APR-2018
`
`Reg 30-OCT -2018
`
`Registered
`
`COLLECT ION
`
`web-based system, on-line portal and social networking platform
`
`App 87859217
`
`Reg 5595764
`
`for customers to participate in online gaming; providing on-line
`
`virtual environment for users to engage in online gaming; non-
`
`downloadable software featuring games played on computers,
`hand held devices, mobile and wireless communication devices,
`
`and internet enabled devices; non-downloadable software
`
`featuring games played via global computer network and online
`
`social networks
`
`BUFFALO GOLD
`
`Int. Cl. 41 Entertainment services in the nature of providing a
`
`App 09-JUL-2020
`
`Reg 08-FEB-2022
`
`Registered
`
`MAX POWER
`
`web-based system and on-line portal, namely, a social casino
`
`App 90044612
`
`Reg 6640317
`
`environment, for customers to participate in online electronic
`
`gaming; providing an on-line virtual environment for users to
`
`engage in online electronic gaming; providing temporary use of
`
`non-downloadable game software featuring electronic games
`played on computers, hand held devices, mobile and wireless
`
`communication devices, and internet enabled devices; providing
`
`temporary use of non-downloadable game software featuring
`
`electronic games played via global computer network and online
`
`social networks
`
`BUFFALO GOLD
`
`Int. Cl. 41 Entertainment services in the nature of providing a
`
`App 18-MAY-2018
`
`Reg 16-APR-2019
`
`Registered
`
`REVOLUT ION
`
`web-based system, on-line portal and social networking platform
`
`App 87927348
`
`Reg 5725226
`
`for customers to participate in online gaming featuring slot
`
`games; providing on-line virtual environment for users to engage
`in slot games; non-downloadable software featuring slot games
`
`played on computers, hand held devices, mobile and wireless
`
`communication devices, and internet enabled devices; non-
`
`downloadable software featuring slot games played via global
`
`computer network and online social networks
`
`BUFFALO T RIPLE
`
`Int. Cl. 28 Gaming devices, namely, gaming machines, slot
`
`App 10-MAR-2021
`
`Reg 15-FEB-2022
`
`Registered
`
`POWER
`
`machines, bingo machines, with or without video output; gaming
`
`App 90570428
`
`Reg 6648494
`
`machines for gambling; preinstalled software for accepting
`
`wagers sold as a component of gaming machines; reconfigurable
`casino and lottery gaming equipment, namely, gaming machines
`
`and recorded operational computer game software therefor sold as
`
`a unit
`
`BUFFALO
`
`LEGENDS
`
`Int. Cl. 28 Gaming machines, with or without video output,
`
`App 09-MAR-2020
`
`Reg 15-SEP-2020
`
`Registered
`
`which accept a wager; reconfigurable casino and lottery gaming
`equipment, namely, gaming machines which accept a wager and
`
`recorded operational game software therefor sold as a unit;
`
`electronic gaming equipment, namely, gaming machines which
`
`accept a wager with embedded recorded gaming software therefor
`
`sold as a unit
`
`App 88826401
`
`Reg 6153173
`
`BUFFALO RUSH
`
`Int. Cl. 41 Entertainment services in the nature of providing a
`
`App 10-APR-2019
`
`
`
`web-based system and on-line portal for customers to participate
`
`App 88379916
`
`Published
`
`
`
`in online electronic gaming; providing on-line virtual
`
`environment for users to engage in online electronic gaming;
`providing temporary use of non-downloadable game software
`
`featuring games played on computers, hand held devices, mobile
`
`and wireless communication devices, and internet enabled
`
`devices; providing temporary use of non-downloadable game
`
`software featuring games played via global computer network and
`online social networks
`
`4
`
`

`

`Mark
`
`Goods and Services
`
`App. Date
`App. No.
`
`Reg. Date
`Reg. No.
`
`Status
`
`WHALES OF CASH
`
`Int. Cl. 9 Recorded game software for gambling machines;
`
`App 10-APR-2019
`
`
`
`Published
`
`RISING JACKPOT S
`
`recorded game software for gaming machines; electronic games
`
`App 88379951
`
`that accept virtual or monetary wagers sold as a feature of
`
`downloadable game software and recorded game software;
`
`downloadable game software and firmware for playing games on
`any electronic platform
`
`POMPEII RISING
`
`Int. Cl. 9 Recorded game software for gambling machines;
`
`App 18-AUG-2020
`
`
`
`Published
`
`JACKPOT S
`
`recorded game software for gaming machines; electronic games
`
`App 90121608
`
`that accept virtual or monetary wagers sold as a feature of
`
`downloadable game software and game firmware; electronic
`games that accept virtual or monetary wagers sold as a feature of
`
`recorded game software and game firmware; downloadable game
`
`software and game firmware for playing electronic games on any
`
`electronic platform; recorded game software and game firmware
`
`for playing electronic games on any electronic platform
`
`MIGHT Y CASH
`
`Int. Cl. 41 Entertainment services in the nature of providing a
`
`App 25-APR-2019
`
`
`
`Published
`
`RISING
`
`web-based system and on-line portal for customers to participate
`
`App 88401541
`
`in online electronic gaming; providing on-line virtual
`
`environment for users to engage in online electronic gaming;
`providing temporary use of non-downloadable game software
`
`featuring games played on computers, hand held devices, mobile
`
`and wireless communication devices, and internet enabled
`
`devices; providing temporary use of non-downloadable game
`
`software featuring games played via global computer network and
`online social networks
`
`CASH XT REME
`
`Int. Cl. 41 Entertainment services in the nature of providing a
`
`App 18-JUL-2019
`
`
`
`Published
`
`RISING
`
`web-based system, on-line portal and social networking platform,
`
`App 88521209
`
`namely, a social casino virtual environment, for customers to
`participate in online electronic gaming; providing on-line virtual
`
`environment for users to engage in online electronic gaming;
`
`providing temporary use of non-downloadable game software
`
`featuring games played on computers, hand held devices, mobile
`
`and wireless communication devices, and internet enabled
`devices; providing temporary use of non-downloadable game
`
`software featuring games played via global computer network and
`
`online social networks
`
`CASH RISING
`
`Int. Cl. 28 Gaming machines, with or without vide