| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 86188824 |
| LAW OFFICE ASSIGNED | LAW OFFICE 117 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/86188824/mark.png |
| LITERAL ELEMENT | FLAPPY BIRD |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
RESPONSE TO OFFICE ACTION This Response is submitted by Mobile Media Partners (“Applicant”), through its undersigned counsel, in response to the Office Action that issued March 18, 2014 in connection with the above-referenced application. REMARKS Applicant provides the following responses to the Examining Attorney’s request for additional information:
1) In view of the prior-filed pending applications identified in the Office Action issued on March 18, 2014 -- specifically, Application Serial Nos. 86188509 and 86188557 -- Applicant elects not to submit arguments at this time regarding any potential likelihood of confusion between the marks in the above-referenced applications and Applicant’s mark. Applicant reserves the right to address this issue at a later date if and when a refusal is issued against Applicant’s mark under Trademark Act Section 2(d).
2) Applicant states that no claim is made to the exclusive right to use “BIRD” apart from the mark as shown.
3) Applicant accepts the proposed modification to the identification of goods set forth in the Office Action issued on March 18, 2014. Accordingly, Applicant requests that the recitations in its application for Class 9 be amended as follows (the revised language is underlined and in bold below, and omitted language is struck through): Identification for International Class 9:
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
CONCLUSION If you have any additional questions regarding the information provided above, please contact us at (212) 480-4800. In conclusion, the questions raised by the USPTO in its Office Action issued on March 18, 2014 are answered by the preceding clarifications and amendments. |
|
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| 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 | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 02/19/2014 |
| FIRST USE IN COMMERCE DATE | At least as early as 02/09/2014 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 009 |
| TRACKED TEXT DESCRIPTION | |
| 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; |
|
| FINAL DESCRIPTION | |
| 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 video game technology; 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 | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 02/19/2014 |
| FIRST USE IN COMMERCE DATE | At least as early as 02/09/2014 |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use "BIRD" apart from the mark as shown. |
| NEW ATTORNEY SECTION | |
| NAME | Theodore K. Cheng |
| FIRM NAME | Fox Horan & Camerini LLP |
| STREET | 825 Third Avenue |
| CITY | New York |
| STATE | New York |
| ZIP/POSTAL CODE | 10022 |
| COUNTRY | United States |
| PHONE | (212) 480-4800 |
| FAX | (212) 709-0248 |
| tcheng@foxlex.com | |
| AUTHORIZED EMAIL COMMUNICATION | Yes |
| CORRESPONDENCE SECTION | |
| ORIGINAL ADDRESS | MOBILE MEDIA PARTNERS MOBILE MEDIA PARTNERS 777 TERRACE AVE STE 503 HASBROUCK HEIGHTS New Jersey (NJ) US 07604-3114 |
| NEW CORRESPONDENCE SECTION | |
| NAME | Theodore K. Cheng |
| FIRM NAME | Fox Horan & Camerini LLP |
| STREET | 825 Third Avenue |
| CITY | New York |
| STATE | New York |
| ZIP/POSTAL CODE | 10022 |
| COUNTRY | United States |
| PHONE | (212) 480-4800 |
| FAX | (212) 709-0248 |
| tcheng@foxlex.com;ashertzer@foxlex.com | |
| AUTHORIZED EMAIL COMMUNICATION | Yes |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Theodore K. Cheng/ |
| SIGNATORY'S NAME | Theodore K. Cheng |
| SIGNATORY'S POSITION | Attorney of record, NY bar member |
| SIGNATORY'S PHONE NUMBER | (212) 480-4800 |
| DATE SIGNED | 07/01/2014 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Jul 01 10:12:57 EDT 2014 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XX.XXX- 20140701101257029750-8618 8824-500113736c72d992337a ca7155feb755033d22c76db19 d94fab71fb6edad581153-N/A -N/A-20140701094447263156 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
RESPONSE TO OFFICE ACTION
This Response is submitted by Mobile Media Partners (“Applicant”), through its undersigned counsel, in response to the Office Action that issued March 18, 2014 in connection with the above-referenced application.
REMARKS
Applicant provides the following responses to the Examining Attorney’s request for additional information:
1) In view of the prior-filed pending applications identified in the Office Action issued on March 18, 2014 -- specifically, Application Serial Nos. 86188509 and 86188557 -- Applicant elects not to submit arguments at this time regarding any potential likelihood of confusion between the marks in the above-referenced applications and Applicant’s mark. Applicant reserves the right to address this issue at a later date if and when a refusal is issued against Applicant’s mark under Trademark Act Section 2(d).
2) Applicant states that no claim is made to the exclusive right to use “BIRD” apart from the mark as shown.
3) Applicant accepts the proposed modification to the identification of goods set forth in the Office Action issued on March 18, 2014. Accordingly, Applicant requests that the recitations in its application for Class 9 be amended as follows (the revised language is underlined and in bold below, and omitted language is struck through):
Identification for International Class 9:
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 video game technology; 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
CONCLUSION
If you have any additional questions regarding the information provided above, please contact us at (212) 480-4800. In conclusion, the questions raised by the USPTO in its Office Action issued on March 18, 2014 are answered by the preceding clarifications and amendments.