Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85538718 VALET(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85538718) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 039 for Providing information, news and commentary in the field of travel; Providing links to web sites of others featuring travel; Providing reviews of travel service providers; Providing travel information to travelers regarding fares, timetables and public transport; Provision of travel information; Travel and tour information service; Travel information; Travel information services; Providing a website featuring non-downloadable videos in the field of travel and lifestyle; Providing packaged travel-related services by way of a travel membership program, namely travel booking agency services; Travel agency services featuring a travel membership program which issues credits which may be redeemed for travel related services, namely, reservations and booking for transportation; Travel and tour ticket reservation service; On-line trip and travel reservation services; Travel clubs; Providing personalized information about hotels and temporary accommodations for travel via the Internet; Providing information and advice on hotels and restaurants to tourists and business travelers; Providing on-line reviews of restaurants and hotels; Administration of a discount program for enabling participants to obtain discounts on goods and services through use of a discount membership card; Administration of a discount program for enabling participants to obtain discounts on the cost of services or receive improved services through use of a membership card; Administration of a consumer loyalty program to promote restaurant services and retail services of others; Downloadable software in the nature of a mobile application for travel related information; Downloadable electronic publications in the nature of newsletters, articles, brochures, blogs and documents in the field of travel and lifestyle; On-line journals, namely, blogs featuring travel and lifestyle; Providing a website featuring blogs and non-downloadable publications in the nature of articles and blogs in the field of travel; Guide books featuring travel, restaurants, shopping and entertainment
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 information, news and commentary in the field of travel; Providing links to web sites of others featuring travel; Providing reviews of travel service providers; Providing travel information to travelers regarding fares, timetables and public transport; Provision of travel information; Travel and tour information service; Travel information; Travel information services; Providing a website featuring non-downloadable videos in the field of travel and lifestyle; Travel and tour ticket reservation service; On-line trip and travel reservation services; Travel agency services featuring a travel membership program which issues credits which may be redeemed for travel related services, namely, reservations and booking for transportation; Travel clubs; Providing packaged travel-related services by way of a travel membership program, namely travel booking agency services; Travel agency services, namely, reservations and booking for transportation; Providing personalized information about hotels and temporary accommodations for travel via the Internet; Providing information and advice on hotels and restaurants to tourists and business travelers; Providing on-line reviews of restaurants and hotels; Administration of a discount program for enabling participants to obtain discounts on goods and services through use of a discount membership card; Administration of a discount program for enabling participants to obtain discounts on the cost of services or receive improved services through use of a membership card; Administration of a consumer loyalty program to promote restaurant services and retail services of others; Downloadable software in the nature of a mobile application for travel related information; Downloadable electronic publications in the nature of newsletters, articles, brochures, blogs and documents in the field of travel and lifestyle; On-line journals, namely, blogs featuring travel and lifestyle; Providing a website featuring blogs and non-downloadable publications in the nature of articles and blogs in the field of travel; Guide books featuring travel, restaurants, shopping and entertainmentClass 039 for Providing information, news and commentary in the field of travel; Providing links to web sites of others featuring travel; Providing reviews of travel service providers; Providing travel information to travelers regarding fares, timetables and public transport; Provision of travel information; Travel and tour information service; Travel information; Travel information services; Travel and tour ticket reservation service; On-line trip and travel reservation services; Travel clubs; Providing packaged travel-related services by way of a travel membership program, namely travel booking agency services; Travel agency services, namely, reservations and booking for transportation
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for Downloadable software in the nature of a mobile application for providing information in the field of travel; Downloadable electronic publications in the nature of newsletters, articles, brochures, and written documents in the field of travel and lifestyle
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 016 for Guide books featuring travel, restaurants, shopping and entertainment
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Administration of a discount program for enabling participants to obtain discounts on goods and services through use of a discount membership card; Administration of a discount program for enabling participants to obtain discounts on the cost of services or receive improved services through use of a membership card; Administration of a consumer loyalty program to promote restaurant services and retail services of others; Membership club services, namely, promoting the travel services of others by awarding credits to travelers which may be redeemed for later travel services
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 for On-line journals, namely, blogs featuring travel and lifestyle; Providing a website featuring blogs and non-downloadable publications in the nature of articles and blogs in the field of travel; Entertainment services, namely, providing a website featuring non-downloadable videos in the field of travel and lifestyle
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 043 for Providing personalized information about hotels and temporary accommodations for travel via the Internet; Providing information and advice on hotels and restaurants to tourists and business travelers; Providing on-line reviews of restaurants and hotels
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.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Flying Standby, Inc., a corporation of Delaware, having an address of
      Suite 1310
      New York, New York 10012
      United States

Proposed: Valet, Inc., a corporation of Delaware, having an address of
      Suite 1310
      New York, New York 10012
      United States

FEE(S)
Fee(s) in the amount of $1625 is being submitted.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Michelle M. Morris/      Date: 11/08/2012
Signatory's Name: Michelle M. Morris
Signatory's Position: Attorney of record, AZ bar member
Signatory's Phone Number: 602-440-4871


Response Signature
Signature: /Michelle M. Morris/     Date: 11/08/2012
Signatory's Name: Michelle M. Morris
Signatory's Position: Attorney of record, AZ bar member

Signatory's Phone Number: 602-440-4871

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 1641
RAM Accounting Date: 11/09/2012
        
Serial Number: 85538718
Internet Transmission Date: Thu Nov 08 15:03:24 EST 2012
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201211081503240
00709-85538718-490507647dd31a26cbb38c260
142a8-DA-1641-20121108140400165677