Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88325717 GAMEGIFT (Stylized and/or with Design, see http://uspto.report/TM/88325717/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of written argument has been attached.
Original PDF file:
evi_73246131-20191120155335603956_._GAMEGIFT__Stylized__Response_to_Office_Action_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing a website where users can purchase keys, vouchers, tokens and codes for accessing software programs and unlocking content within software programs
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.

Proposed:
Tracked Text Description: Providing a website where users can purchase keys, vouchers, tokens and codes for accessing software programs and unlocking content within software programs; Providing an interactive website featuring technology that enables users to purchase keys, vouchers, tokens and codes for accessing software programs and unlocking content within software programsClass 042 for Providing an interactive website featuring technology that enables users to purchase keys, vouchers, tokens and codes for accessing software programs and unlocking content within software programs
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.

The applicant's current attorney information: Sean Ploen. Sean Ploen of PLOEN LAW FIRM, PC, is located at

      1595 SELBY AVENUE, SUITE 300
      SAINT PAUL, Minnesota 55104-6384
      US
The docket/reference number is GAM-602.

The phone number is 651-894-6800.

The fax number is 651-894-6801.

The email address is docketing@ploen.com

The applicants proposed attorney information: Sean Ploen. Other appointed attorneys are Colman Sutter, Kirsten Hash. Sean Ploen of Ploen Law Firm, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1595 Selby Ave, Suite 300
      St. Paul, Minnesota 55104-6384
      United States
The docket/reference number is GAM-602.

The phone number is 651-894-6800.

The fax number is 651-894-6801.

The email address is docketing@ploen.com

Sean Ploen submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: SEAN PLOEN. SEAN PLOEN of PLOEN LAW FIRM, PC, is located at

      1595 SELBY AVENUE, SUITE 300
      SAINT PAUL, Minnesota 55104-6384
      US
The docket/reference number is GAM-602.

The phone number is 651-894-6800.

The fax number is 651-894-6801.

The email address is docketing@ploen.com; sploen@ploen.com; csutter@ploen.com; bwold@ploen.com

The applicants proposed correspondence information: Sean Ploen. Sean Ploen of Ploen Law Firm, PC, is located at

      1595 Selby Ave, Suite 300
      St. Paul, Minnesota 55104-6384
      United States
The docket/reference number is GAM-602.

The phone number is 651-894-6800.

The fax number is 651-894-6801.

The email address is docketing@ploen.com; sploen@ploen.com; csutter@ploen.com; khash@ploen.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use GAME apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Sean Ploen/     Date: 11/20/2019
Signatory's Name: Sean Ploen
Signatory's Position: Attorney of record

Signatory's Phone Number: 6518946800

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    SEAN PLOEN
   PLOEN LAW FIRM, PC
   
   1595 SELBY AVENUE, SUITE 300
   SAINT PAUL, Minnesota 55104-6384
Mailing Address:    Sean Ploen
   Ploen Law Firm, PC
   1595 Selby Ave, Suite 300
   St. Paul, Minnesota 55104-6384
        
Serial Number: 88325717
Internet Transmission Date: Wed Nov 20 16:49:13 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-201911201649135256
85-88325717-700a8d341f33f4c8ad698929a2a3
db66ff1ca60e6d821eae15bedd879fbd78e-N/A-
N/A-20191120155335603956