TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88018747 SCOOT (Stylized and/or with Design, see http://uspto.report/TM/88018747/mark.png) has been amended as follows:
FOREIGN APPLICATION(S)
The foreign application(s) No(s). 3697634 being used as the basis for a priority claim under Section 44(d) of the Trademark Act has/have now registered; however, because the country of origin has not yet formally issued the actual registration certificate, it cannot be provided at this time to the USPTO.The applicant herein elects NOT to proceed to registration under Section 44(e) for any foreign application(s) claimed as a basis for priority.

Comment(s)/Remark(s):

Applicant does not wish to rely on Section 44(e) as the basis for registration, but was rather only asserting a valid claim of priority, which was set forth on the initial application.  As such, we wish for the application to be removed from suspension and approved for publication based on Section 1(a).

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Mobile application software, namely, software for providing temporary use of motor vehicles, providing information in the field of transportation and coordinating transportation services
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 06/05/2012 and first used in commerce at least as early as 10/23/2012, and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Spain application number 3697634 filed 12/29/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 009 for Mobile application software, namely, software for providing temporary use of motor vehicles, providing information in the field of transportation and coordinating transportation services
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 06/05/2012 and first used in commerce at least as early as 10/23/2012, and is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Spain application number 3697634 filed 12/29/2017]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 039 for Motor vehicle sharing services, namely providing temporary use of motor vehicles; organization of car rental; providing a website featuring information in the field of transportation
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 06/05/2012 and first used in commerce at least as early as 10/02/2012, and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Spain application number 3697634 filed 12/29/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 039 for Motor vehicle sharing services, namely providing temporary use of motor vehicles; organization of car rental; providing a website featuring information in the field of transportation
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 06/05/2012 and first used in commerce at least as early as 10/02/2012, and is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Spain application number 3697634 filed 12/29/2017]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : 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.


Response Suspension Inquiry Signature
Signature: /Julia Huston/     Date: 11/20/2018
Signatory's Name: Julia Huston
Signatory's Position: Attorney of Record, MA Bar Member
Signatory's Phone Number: 617-832-1166

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.

        
Serial Number: 88018747
Internet Transmission Date: Tue Nov 20 12:11:02 EST 2018
TEAS Stamp: USPTO/RSI-XXX.XX.XX.XXX-2018112012110281
5980-88018747-6105a30f61349bb3278feee171
3783dfc56c61b49d5e6fe5873bf2ca33582cc8-N
/A-N/A-20181120114439628717