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. 88678165 420DARTS(Standard Characters, see http://uspto.report/TM/88678165/mark.png) has been amended as follows:

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

Date: 12/05/2019 Anthony Rinker Trademark Examining Attorney Law Office 102 U.S. Trademark Office / Ph. 571-272-5491 / anthony.rinker@uspto The applicant?s response to the examiner?s Office Action, dated 12/03/2019, application serial #88678165 420Darts?, is as follows: Specimens Do Not Show Use for Class 009 Software ?Registration is refused because the specimen does not show the applied-for mark in use in commerce in International Class(es) 009. Trademark Act Sections 1 and 45, 15 U.S.C. ??1051, 1127; 37 C.F.R. ??2.34(a)(1) (iv), 2.56(a); TMEP ??904, 904.07(a). Specifically, the specimens show use of the mark in the context of providing online computer games in Class 041. Class 009 game software must either be downloadable software or software recorded on physical media.? Applicant?s response: * The applicant disagrees. * The original attached specimens do show use of the mark in Class #09. * There were 12 attached specimens filed with this present application in the ?SPECIMEN FILE?. > See #1 specimen attached. * In the 12 attached specimens there are numerous snipping?s showing the applicants mark in use, on his website. All my present games are playable by clicking on the clickable LINK supplied. * The applicant?s website has been updated since the original specimens were snipped. * In the future, my website will have further changes. The mark will always be in use. * The following is the link for the present application: http://www.420appgames.com/-7-420darts.html * The game is playable on the applicant?s website. The link can also be copied and pasted. Identification of Goods? Broad/Indefinite Wording ?The identification for computer application game software in International Class 9 is indefinite and too broad and must be clarified to specify whether its format is downloadable, recorded, or online non-downloadable. See 37 C.F.R. ?2.32(a)(6); TMEP ??1402.03(d), 1402.11(a). Downloadable and recorded goods are in International Class 9, whereas providing their temporary, online non-downloadable use is an entertainment service in International Class 41. See TMEP ?1402.03(d).? Applicant?s response: * The applicant agrees with, and accepts, the examiners suggested Class #09 identification, as follows: Page 1 of 2 Downloadable and recorded Computer application software for computers, namely, software for playing a Marijuana themed dart computer game with the following features of 1 or more players against the police, where All GREEN areas in the game are the PLAYER and All RED areas are the POLICE, Players start with ZERO points and Each time a player throws a dart at a BEER can pop-up, a gulping sound is played, players that Hit any one of the GREEN animated revolving LEAF's with a dart will add 50 points to their score, players that Hit any one of the GREEN animated 420 numbers with a dart will ADD 100 point to their score, any players that Hit any RED area with a dart will DEDUCT 50 points from their score, any players that Hit the walking animated Marijuana leaf in the center with a dart will ADD 200 points to their score, The goal is to get a minimum of 420 points to WIN NOTE: ?If applicant adopts the suggested amendment of the goods and/or services, then applicant must amend the classification to International Classes 009 and 041. See 37 C.F.R. ??2.32(a)(7), 2.85; TMEP ??805, 1401?. * The applicant agrees to the goods amendment in Class #09. The applicant will not pursue Class #41. Advisory: Ownership Claim of Non-Pertinent Registration ?Applicant?s claim of ownership of U.S. Registration No. 5550912 will not be printed on any registration that may issue from this application because the marks are different. Only prior registrations of the same or similar marks are considered related registrations for purposes of an ownership claim. See 37 C.F.R. ?2.36; TMEP ?812.? * The applicant agrees. SUMMARY: * There are NO substitute specimens attached. * The 12 original attached specimens were in use in commerce on or in connection with the goods listed in the application at least as early as the filing date of the present application. The applicant has filed 161 Federal Trade/Service Mark personal applications. He has also spent on a lot of time and money preparing all the 420AppGames? for the consumer to play. Presently, there are numerous playable app games, with additional app games being coding as I write. All of the app games on the applicant?s website are played the same way. A clickable link is provided for the consumer to play any app game. The applicant believes he has responded to all of the examiner?s points. Therefore, the present application should be approved for Publication and approved for registered on the Principal register. Thanks for your help with my application(s). Kindest regards, John D. Blue / applicant-owner Page 2 of 2

EVIDENCE
Evidence in the nature of 1- a 2 page PDF response to the examiners office action; 2- a snipping showing the 12 attached specimen from the original filing has been attached.
JPG file(s):
Evidence-1
Original PDF file:
evi_17423710184-20191205121950348244_._1st_response.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer application software for computers, namely, software for playing a Marijuana themed dart app game with the following features: * 1 or more players against the police. * All GREEN areas are the ) PLAYER. * All RED areas are the ) POLICE. * Player(s) starts with ZERO points. * Each time a player(s) throws a dart a BEER can pop-up, with the gulping sound. * Hit any 1 of the GREEN animated revolving LEAF's ) ADD ) 50 points. * Hit any 1 of the GREEN ) animated 420's ) ADD ) 100 points. * Hit any RED area ) DEDUCT 50 points. * Hit the walking animated Marijuana leaf in the center, ADD ) 200 points. * The goal is to get a minimum of 420 points to WIN
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 11/01/2019 and first used in commerce at least as early as 11/01/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer application software for computers, namely, software for playing a Marijuana themed dart app game with the following features: * 1 or more players against the police. * All GREEN areas are the ) PLAYER. * All RED areas are the ) POLICE. * Player(s) starts with ZERO points. * Each time a player(s) throws a dart a BEER can pop-up, with the gulping sound. * Hit any 1 of the GREEN animated revolving LEAF's ) ADD ) 50 points. * Hit any 1 of the GREEN ) animated 420's ) ADD ) 100 points. * Hit any RED area ) DEDUCT 50 points. * Hit the walking animated Marijuana leaf in the center, ADD ) 200 points. * The goal is to get a minimum of 420 points to WIN; Downloadable and recorded Computer application software for computers, namely, software for playing a Marijuana themed dart computer game with the following features of 1 or more players against the police, where All GREEN areas in the game are the PLAYER and All RED areas are the POLICE, Players start with ZERO points and Each time a player throws a dart at a BEER can pop-up, a gulping sound is played, players that Hit any one of the GREEN animated revolving LEAF's with a dart will add 50 points to their score, players that Hit any one of the GREEN animated 420 numbers with a dart will ADD 100 point to their score, any players that Hit any RED area with a dart will DEDUCT 50 points from their score, any players that Hit the walking animated Marijuana leaf in the center with a dart will ADD 200 points to their score, The goal is to get a minimum of 420 points to WIN.Class 009 for Downloadable and recorded Computer application software for computers, namely, software for playing a Marijuana themed dart computer game with the following features of 1 or more players against the police, where All GREEN areas in the game are the PLAYER and All RED areas are the POLICE, Players start with ZERO points and Each time a player throws a dart at a BEER can pop-up, a gulping sound is played, players that Hit any one of the GREEN animated revolving LEAF's with a dart will add 50 points to their score, players that Hit any one of the GREEN animated 420 numbers with a dart will ADD 100 point to their score, any players that Hit any RED area with a dart will DEDUCT 50 points from their score, any players that Hit the walking animated Marijuana leaf in the center with a dart will ADD 200 points to their score, The goal is to get a minimum of 420 points to WIN.
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 11/01/2019 and first used in commerce at least as early as 11/01/2019 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
a snipping show the list of the 12 specimens that were attached in the original filed application
Miscellaneous File1

SIGNATURE(S)
Response Signature
Signature: /john d. blue/     Date: 12/05/2019
Signatory's Name: JOHN D. BLUE
Signatory's Position: "OWNER"

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88678165
Internet Transmission Date: Thu Dec 05 12:28:55 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201912051228556
51590-88678165-700d1175ddf6a376fc962637b
e658df8bc9d78ee6212ad4c57da1a07330a83cf-
N/A-N/A-20191205121950348244