Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86001118  (Stylized and/or with Design, see http://uspto.report/TM/86001118/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software for use in accessing multi-player games and for use in scoring and tracking game performance; computer software to facilitate communications among users via the internet and other computer and electronic communication networks; computer software for use in social networking; computer application software for mobile phones and handheld digital devices, namely, for accessing multi-player games and for use in scoring and tracking game performance
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 62,389 filed 04/15/2013]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer software for use in accessing multi-player games and for use in scoring and tracking game performance; computer software to facilitate communications among users via the internet and other computer and electronic communication networks; computer software for use in social networking; computer software for use in social networking, namely for use in providing online communications among users and enabling the uploading, posting, sharing, and displaying of personal information about the user; computer application software for mobile phones and handheld digital devices, namely, for accessing multi-player games and for use in scoring and tracking game performanceClass 009 for Computer software for use in accessing multi-player games and for use in scoring and tracking game performance; computer software to facilitate communications among users via the internet and other computer and electronic communication networks; computer software for use in social networking, namely for use in providing online communications among users and enabling the uploading, posting, sharing, and displaying of personal information about the user; computer application software for mobile phones and handheld digital devices, namely, for accessing multi-player games and for use in scoring and tracking game performance
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica application number 62,389 filed 04/15/2013]. 15 U.S.C.Section 1126(d), as amended.

ADDITIONAL STATEMENTS
Color Claim
The color(s) blue, purple, green, yellow, pink, white, red is/are claimed as a feature of the mark.

Description of mark
The mark consists of a white square with rounded edges in which appears a blue sphere, a yellow sphere, a red and pink sphere, and a purple sphere, all of different sizes, and all overlaying each other to give the visual effect of three dimensional depth.

SIGNATURE(S)
Response Signature
Signature: /Kimberly Eckhart/     Date: 04/07/2014
Signatory's Name: Kimberly Eckhart
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 408-783-6811

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 86001118
Internet Transmission Date: Mon Apr 07 16:48:58 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201404071648582
26108-86001118-5009c32b23ad93842af51cbf9
88e28dd1576559db1bd76a91dcbefb9bc213ea24
-N/A-N/A-20140407164055476200