TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88133152

Filing Date: 09/26/2018

To the Commissioner for Trademarks:

MARK: VS (stylized and/or with design, see mark)

The literal element of the mark consists of VS.
The applicant is not claiming color as a feature of the mark. The mark consists of the letters "VS" appearing in stylized font inside a square with rounded corners.
The applicant, Vivid Seats LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      111 N. Canal Street, Suite 800
      Chicago, Illinois 60606
      United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 009:  Downloadable mobile application for entertainment and ticket services in the nature of viewing upcoming theater, sports, and concert events and enabling the user to purchase tickets for these events; downloadable software in the nature of a mobile application for entertainment and ticket services in the nature of allowing a user to search upcoming theater, sports, and concert events and enabling the user to purchase tickets for these events
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 041:  Entertainment services, namely, ticket services in the nature of theatrical and entertainment ticket agency services; online ticket services in the nature of entertainment ticket agency services for entertainment, educational, sporting and cultural events; entertainment services in the nature of arranging social entertainment, namely, theater, concert, and sporting events excluding night club services; entertainment ticket agency services; online entertainment ticket agency services
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5057489.

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 05/00/2012, and in commerce at least as early as 08/00/2012.

For informational purposes only, applicant's website address is: www.vividseats.com

The applicant's current Attorney Information:
      Christian S. Morgan and Joseph V. Norvell, Joseph T. Kucala, Jr., James M. McCarthy, Tom M. Monagan, Monica M. Gutierrez, Matthew D. Witsman of Norvell IP llc      P.O. Box 2461
      Chicago, Illinois 60690
      United States
      888-315-0732(phone)
      312-268-5063(fax)
      officeactions@norvellip.com (authorized)
The attorney docket/reference number is 13581-86.

The applicant's current Correspondence Information:

Christian S. Morgan

Norvell IP llc

P.O. Box 2461

Chicago, Illinois 60690

773-966-2467(phone)

312-268-5063(fax)

officeactions@norvellip.com;cmorgan@norvellip.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $550 has been submitted with the application, representing payment for 2 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Roxanne Corkin/   Date: 09/26/2018
Signatory's Name: Roxanne Corkin
Signatory's Position: Associate Counsel
Payment Sale Number: 88133152
Payment Accounting Date: 09/27/2018

Serial Number: 88133152
Internet Transmission Date: Wed Sep 26 18:05:42 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2018092618054252
2263-88133152-61029762cf8be41e30a6acc8bb
454aa1e7f551588f276afa826fba315dda48c43-
CC-5240-20180926105003782628