Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: VRBO (Stylized and/or with Design, see mark)
SERIAL NUMBER: 88251559


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: HomeAway.com, Inc., having an address of
      1011 W. Fifth Street, Suite 300
      Austin, Texas 78703
      United States
Proposed: HomeAway.com, Inc., having an address of
      1011 W. Fifth Street, Suite 300
      Austin, Texas 78703
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Downloadable computer software for mobile devices for booking temporary accommodation and vacation real estate listings; downloadable software in the nature of a mobile application for booking temporary accommodation and vacation real estate listings; downloadable software in the nature of a mobile application for booking temporary accommodation and vacation real estate listing and for processing financial transactions; downloadable applications for use with mobile devices for booking and making reservations for temporary accommodation and vacation real estate listing and for processing financial transactions; downloadable computer software platform that facilitates the provision of information, peer-to-peer interaction, and processing financial transactions relating to temporary accommodation and vacation real estate listing services, and the booking of temporary accommodations in the fields of travel, lodging, dining, and entertainment; downloadable computer software and downloadable mobile applications on which users can post ratings, reviews, and recommendations on vacation real estate listings, temporary accommodations, events, locations, businesses, services, and activities in the fields of entertainment, travel, tourism and restaurants

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/27/2019, and first used in commerce at least as early as 03/27/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screenshots of the applicant's downloadable mobile application displaying use of the mark for the covered goods.

Original PDF file:
SPN0-3811013120-202002261 44631724740_._VRBO_Class_ 9_Specimen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4


For International Class 036:
Current identification: Providing real estate listing services and real estate information via a global computer network; providing real estate listings and real estate information via the internet; providing information on the rental of vacation homes via the internet; providing a database of information about real estate listings; real estate listing services for housing rentals and apartment rentals; providing an online interactive website featuring the listing and rental of vacation real estate; providing online computer database and online searchable databases featuring real estate information and listings about housing, apartments, condominiums, townhouses, real estate, and commercial real estate; real estate listing, rental and leasing services for residential housing, apartments, rooms in homes, sublets, vacation homes, cabins and villas and office space in commercial properties on a global computer network; providing reviews and feedback about listers and renters of real estate from virtual communities and from social networking sites; electronic commerce payment services, namely, processing credit card and debit card payments for the purchase of goods and services via an electronic communications network; providing purchase protection services in the field of online trading of goods and services by others via a global computer network in the nature of fraud reimbursement services for credit card purchases

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/27/2019, and first used in commerce at least as early as 03/27/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screenshots from the applicant's website displaying use of the mark for the covered services.

Original PDF file:
SPN1-3811013120-202002261 44631724740_._VRBO_Class_ 36_Specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


For International Class 043:
Current identification: Providing temporary lodging information via the internet; arranging temporary housing accommodations; providing online reservation services for temporary lodging; travel agency services, namely, making reservations and bookings for lodging; providing travel and accommodation information services over global computer networks, namely, an online searchable database featuring information about lodging; travel agency services, namely, making reservations and bookings for temporary accommodations for hotels and vacation home rentals

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/27/2019, and first used in commerce at least as early as 03/27/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screenshots from the applicant's website displaying use of the mark for the covered services.

Original PDF file:
SPN2-3811013120-202002261 44631724740_._VRBO_Class_ 43_Specimen_1.1.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4


The applicant is not filing a Request to Divide with this Allegation of Use form.
The owner's/holder's current attorney information: Jason M. Vogel. Jason M. Vogel of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1100 PEACHTREE STREET, SUITE 2800
      MAILSTOP: IP DOCKETING - 22
      ATLANTA, Georgia 30309
      United States

The phone number is 310-248-3830.

The fax number is 310-860-0363.

The email address is nytrademarks@kilpatricktownsend.com

The owner's/holder's proposed attorney information: Jason M. Vogel. Jason M. Vogel of KILPATRICK TOWNSEND & STOCKTON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1114 AVENUE OF THE AMERICAS
      New York, New York 10036-7703
      United States

The phone number is 212-775-8700.

The fax number is 212-775-8800.

The email address is tmadmin@kilpatricktownsend.com

Jason M. Vogel submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      JASON M. VOGEL
      PRIMARY EMAIL FOR CORRESPONDENCE: nytrademarks@kilpatricktownsend.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmadmin@kilpatricktownsend.com
Correspondence Information (proposed):
      Jason M. Vogel
      PRIMARY EMAIL FOR CORRESPONDENCE: tmadmin@kilpatricktownsend.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nytrademarks@kilpatricktownsend.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $300 will be submitted with the form, representing payment for the allegation of use for 3 classes.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged 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.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Michael R. Graham/      Date Signed: 02/27/2020
Signatory's Name: Michael R. Graham
Signatory's Position: Global Director, Intellectual Property
Signatory's Phone: Contact Attorney of Record

Mailing Address:
   KILPATRICK TOWNSEND & STOCKTON LLP
   
   1114 AVENUE OF THE AMERICAS
   New York, New York 10036-7703

RAM Sale Number: 88251559
RAM Accounting Date: 02/27/2020

Serial Number: 88251559
Internet Transmission Date: Thu Feb 27 13:13:57 ET 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XXX-2020022713135734
8637-88251559-710d6549c54becfb227b8ab7d9
eb9cca1904ebfab1c7095dbbbc2a21ce51f18c7-
CC-13556187-20200226155714622365