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. 85603111 IT'S GAME-ON FOR BUSINESS(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85603111) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant, RedCritter Corp., by its attorneys, hereby submits this Response to the Office Action dated July 13, 2012. Applicant filed its application pro se to register the mark IT'S GAME ON FOR BUSINESS (the "Mark") in connection with "Application service provider (ASP) featuring software for use in applying game mechanics in business software including sales, CRM, HR, project management, business intelligence and customer support." The Examining Attorney refused registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), on the basis of a likelihood of confusion with the mark GAME ON! shown in U.S. Registration No. 78459288 (the "Cited Mark"). Applicant respectfully submits that the Cited Mark was cancelled on September 28, 2012 (after issuance of the Official Action) and therefore is no longer a proper basis for a likelihood of confusion rejection. Accordingly, Applicant respectfully requests that the Examining Attorney withdraw her refusal to register and approve the Mark for publication in the Official Gazette.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Application service provider (ASP) featuring software for use in applying game mechanics in business software including sales, CRM, HR, project management, business intelligence and customer support
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/20/2011 and first used in commerce at least as early as 07/20/2011 , and is now in use in such commerce.

Proposed: Class 042 for Application service provider (ASP) featuring software for use in applying game mechanics in business software including sales, CRM, HR, project management, business intelligence and customer support
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/20/2011 and first used in commerce at least as early as 07/20/2011 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of website printout that shows the mark used in the actual sale or advertising of the services .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-66251255194-152136181_._GOBSpecimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

ADDITIONAL STATEMENTS
Miscellaneous Statement
"The applicant seeks registration of the mark on the Principal Register (i.e., a change of the words 'Supplemental Register' to 'Principal Register')"


SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Heather N. Schafer/      Date: 01/04/2013
Signatory's Name: Heather N. Schafer
Signatory's Position: Attorney of record, Illinois bar member.
Signatory's Phone Number: 224-829-2047


Response Signature
Signature: /Heather N. Schafer/     Date: 01/04/2013
Signatory's Name: Heather N. Schafer
Signatory's Position: Attorney of record, Illinois bar member.

Signatory's Phone Number: 224-829-2047

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: 85603111
Internet Transmission Date: Fri Jan 04 15:46:34 EST 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201301041546347
35952-85603111-49028b5c86a79a274514ef1ee
a91b246986-N/A-N/A-20130104152136181226