Response to Office Action

DOORS ARE ALWAYS OPENING

Uber Technologies, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88118860
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION
MARK http://uspto.report/TM/88118860/mark.png
LITERAL ELEMENT DOORS ARE ALWAYS OPENING
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (009)(class deleted)
GOODS AND/OR SERVICES SECTION (016)(class deleted)
GOODS AND/OR SERVICES SECTION (038)(class added)Original Class (016)
INTERNATIONAL CLASS 038
DESCRIPTION
Telecommunications services, namely, streaming of audio and video material via the Internet.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (039)(current)
INTERNATIONAL CLASS 039
DESCRIPTION
brokerage services; providing a website; transportation services; business administration services; business management services; telecommunications services
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (039)(proposed)
INTERNATIONAL CLASS 039
TRACKED TEXT DESCRIPTION
brokerage services; Providing a website featuring information about transportation; providing a website; transportation services, namely, arranging, scheduling, coordinating, managing, and booking transportation and delivery.; transportation services; business administration services; business management services; telecommunications services
FINAL DESCRIPTION
Providing a website featuring information about transportation; transportation services, namely, arranging, scheduling, coordinating, managing, and booking transportation and delivery.
FILING BASIS Section 1(b)
SIGNATURE SECTION
RESPONSE SIGNATURE /Stephen Garcia/
SIGNATORY'S NAME Stephen Garcia
SIGNATORY'S POSITION Counsel, Trademarks
DATE SIGNED 04/10/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Apr 10 11:58:27 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0190410115827321457-88118
860-62051c74aae42a1a38e9e
fe5bd1ec3bb1fc513ecf3ee26
4baba229b947d595d0-N/A-N/
A-20190410113509140878



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. 88118860 DOORS ARE ALWAYS OPENING(Standard Characters, see http://uspto.report/TM/88118860/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Software; non-downloadable software

Applicant hereby deletes the following class of goods/services from the application.
Class 016 for Gift cards; debit cards; credit cards

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 039 for brokerage services; providing a website; transportation services; business administration services; business management services; telecommunications services
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: brokerage services; Providing a website featuring information about transportation; providing a website; transportation services, namely, arranging, scheduling, coordinating, managing, and booking transportation and delivery.; transportation services; business administration services; business management services; telecommunications servicesClass 039 for Providing a website featuring information about transportation; transportation services, namely, arranging, scheduling, coordinating, managing, and booking transportation and delivery.
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 038 (Original Class: 016 ) for Telecommunications services, namely, streaming of audio and video material via the Internet.
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.

SIGNATURE(S)
Response Signature
Signature: /Stephen Garcia/     Date: 04/10/2019
Signatory's Name: Stephen Garcia
Signatory's Position: Counsel, Trademarks

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 88118860
Internet Transmission Date: Wed Apr 10 11:58:27 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019041011582732
1457-88118860-62051c74aae42a1a38e9efe5bd
1ec3bb1fc513ecf3ee264baba229b947d595d0-N
/A-N/A-20190410113509140878



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