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. 88697128 PUFFPUFFPASS.MX(Standard Characters, see http://uspto.report/TM/88697128/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 #88697128; PuffPuffPass.MX?, 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 11 attached specimens filed with this present application in the ?SPECIMEN FILE?. > See #1 specimen attached. * In the 11 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://games.saz-zad.com/PuffPuffPassMX/ * 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 computer game wherein the game is played with 2 OPTIONS, Option one is any 5 players first names are entered, Option two is one player selects any 5 States from a drop-down list of 31 Mexico States, the 5 players are in a virtual circle, each bet five dollars, and virtually pass around a virtual Marijuana Cigarette, Each time a player virtually smokes the marijuana cigarette, they have to say a special word, If they fail to say the special word, virtually cough or pass out, they are out of the rotation, The last-named person, or State, holding the Marijuana Cigarette is the winner, and keeps all the money. 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: * #2 attachment is a list of my 16 app games links. * Click on the link to load and play each game. * There are NO substitute specimens attached. * The 11 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. The applicant believes he has responded to all of the examiner?s points. Therefore, the present application should be approved for Publication and qualify to be 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- 1 specimen showing the 11 attachments were attached with the original filing, showing the mark was in use; 2- 1 PDF list of 16 app games; 3- 1 PDF of he response to the examiners office action. has been attached.
JPG file(s):
Evidence-1
Original PDF file:
evi_174237132122-20191205234432020389_.__2_specimen_16_game_links.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_174237132122-20191205234432020389_._1st_response_PDF.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 app game wherein the game is played with 2 OPTIONS. Option #1: any 5 players first names are entered. Option #2: one player selects any 5 States from a drop-down list of 31 Mexico States. These 5 players are in a circle, each bet five dollars, and pass around a Marijuana Cigarette. Each time a player takes a hit they have to say PuffPuffPass. If they fail to say PuffPuffPass, cough or pass out, that player is out of the rotation. The last player holding the Marijuana Cigarette is the winner, and keeps all the money
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 10/10/2019 and first used in commerce at least as early as 10/10/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer application software for computers, namely, software for playing a Marijuana themed app game wherein the game is played with 2 OPTIONS. Option #1: any 5 players first names are entered. Option #2: one player selects any 5 States from a drop-down list of 31 Mexico States. These 5 players are in a circle, each bet five dollars, and pass around a Marijuana Cigarette. Each time a player takes a hit they have to say PuffPuffPass. If they fail to say PuffPuffPass, cough or pass out, that player is out of the rotation. The last player holding the Marijuana Cigarette is the winner, and keeps all the money; Downloadable and recorded Computer application software for computers, namely, software for playing a Marijuana themed computer game wherein the game is played with 2 OPTIONS, Option one is any 5 players first names are entered, Option two is one player selects any 5 States from a drop-down list of 31 Mexico States, the 5 players are in a virtual circle, each bet five dollars, and virtually pass around a virtual Marijuana Cigarette, Each time a player virtually smokes the marijuana cigarette, they have to say a special word, If they fail to say the special word, virtually cough or pass out, they are out of the rotation, The last-named person, or State, holding the Marijuana Cigarette is the winner, and keeps all the money.Class 009 for Downloadable and recorded Computer application software for computers, namely, software for playing a Marijuana themed computer game wherein the game is played with 2 OPTIONS, Option one is any 5 players first names are entered, Option two is one player selects any 5 States from a drop-down list of 31 Mexico States, the 5 players are in a virtual circle, each bet five dollars, and virtually pass around a virtual Marijuana Cigarette, Each time a player virtually smokes the marijuana cigarette, they have to say a special word, If they fail to say the special word, virtually cough or pass out, they are out of the rotation, The last-named person, or State, holding the Marijuana Cigarette is the winner, and keeps all the money.
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 10/10/2019 and first used in commerce at least as early as 10/10/2019 , and is now in use in such commerce.
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: 88697128
Internet Transmission Date: Thu Dec 05 23:51:11 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191205235111
971947-88697128-70041a596e956e3446e8a0fc
569c864ace4a3cbe027267aaf1147713916d962-
N/A-N/A-20191205234432020389