This TM application (No. 85316306) was filed by Apple on May 9, 2011, as an “in use” Trademark. This App will allow people to play games online with each other, save scores and enable more social networking. Fun stuff.
On July 27, an Office Action was sent to Apple stating that the specimen showing use of the Mark in commerce is insufficient. More specifically, Examiner states that “specimens consist of a screen shot of the software icon and advertising for the software app and are not acceptable as evidence of actual service mark use because they fail to reference any of the applicant’s services. Thus, they fail to show proper use of the applied-for mark in the sale or advertising of the services.”
A proper specimen has to show an example of the App as integrated with the services, not just advertising for the App.
