Amendment to Allege Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:
MARK: FLAPPY BIRD(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86188824)
SERIAL NUMBER: 86188824



The applicant, Mobile Media Partners, having an address of
      777 Terrace Ave, STE 503
      Hasbrouck Heights, New Jersey 07481
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Computer game programs; Computer game software; Computer game software downloadable from a global computer network; Computer game software focusing on achieving a set of goals, positions, ownership, and credentials, and professional and social status, and good fortune necessary to succeed professionally and personally, and not referring either to a group of software for use in commerce or to a group of offices; Computer game software for personal computers and home video game consoles; Computer game software for use on mobile and cellular phones; Computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles; Computer programs for video and computer games; Computer software and firmware for games of chance on any computerized platform, including dedicated gaming consoles, video based slot machines, reel based slot machines, and video lottery terminals; Computer software, namely, game engine software for video game development and operation; Computer-gaming software; Downloadable computer game programs; Downloadable computer game software via a global computer network and wireless devices; Downloadable electronic game programs; Downloadable electronic game software for use on mobile phones and tablets; Downloadable image file containing artwork, text, audio, video, games and Internet Web links relating to sporting and cultural activities; Downloadable multimedia file containing artwork, text, audio, video, games, and Internet Web links relating to mobile phones and tablets; Downloadable game software via the internet and wireless devices; Electronic game programs; Electronic game software; Electronic game software for cellular telephones; Electronic game software for handheld electronic devices; Electronic game software for wireless devices; Game software; Games that accept virtual or monetary wagers sold as a feature of game software; Interactive game programs; Interactive game software; Interactive multimedia computer game programs; Interactive video game programs; Recorded computer game programs; Video and computer game programs; Video game cartridges; Video game cartridges and cassettes; Video game cartridges and discs; Video game discs; Video game software; Video game tape cassettes

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/09/2014, and first used in commerce at least as early as 02/09/2014, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) There are 3 specimens attached. web.jpg is our website where Flappy Bird can be played (www.flappybirdreturns.com; home.jpg is a screen shot of our mobile application; itunes.jpg is a screen shot of our Apple Developers Account. itunes.jpg shows that we are the ONLY company and/or person that has the ability to use the name Flappy Bird. Only 1 application in the Apple Apps Store can have the Name Flappy Bird. This name has been in our possession since 02/09/2014 at 1:00 PM EST..
Specimen File1
Specimen File2
Specimen File3


The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
We first began using the name flappy bird on the web and in mobile applications on 02/09/2014 when we reserved/acquired the name from Apple in their Apps Store. At that time, no one has any trademark, copy right, or any other protection for the mark Flappy Bird and Flappy Bird was not being used by any other companies and/or people.
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

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 form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /Christopher Langbein/      Date Signed: 02/21/2014
Signatory's Name: Christopher Langbein
Signatory's Position: CEO Mobile Media Partners
Signatory's Phone: 5514275615

RAM Sale Number: 86188824
RAM Accounting Date: 02/21/2014

Serial Number: 86188824
Internet Transmission Date: Fri Feb 21 10:11:54 EST 2014
TEAS Stamp: USPTO/AAU-XX.XXX.XXX.XXX-201402211011549
14592-86188824-500611e8543152bb5caa0928f
2b5e8e7c4a7487ae0be9153f0219c1a8887e7136
7-CC-7829-20140221100112021628