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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88304246 EVENTBRITE(Standard Characters, see http://uspto.report/TM/88304246/mark.png) 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 035 for promoting business events, educational events, social events and live entertainment and performance events for others; providing on-site consultation and information about event registration and event management; Providing membership club services in the nature of providing rebates, incentives, and other benefits; customer loyalty and benefits program services featuring rebates, incentives, and other benefits
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: promoting business events, educational events, social events and live entertainment and performance events for others; providing on-site consultation and information about event registration and event management; Providing membership club services in the nature of providing rebates, incentives, and other benefits; Providing membership club services for commercial, promotional and/or advertising purposes in the nature of providing discounts, rewards, special access to ticket sales, and special offers to members in the field of live performances, entertainment and educational events, event ticketing, event reservations, and event attendance; customer loyalty and benefits program services featuring rebates, incentives, and other benefits; Customer loyalty and benefits program services for commercial, promotional and/or advertising purposes featuring discounts, special access to ticket sales and offers, and special offers of promotional goods and servicesClass 035 for promoting business events, educational events, social events and live entertainment and performance events for others; providing on-site consultation and information about event registration and event management; Providing membership club services for commercial, promotional and/or advertising purposes in the nature of providing discounts, rewards, special access to ticket sales, and special offers to members in the field of live performances, entertainment and educational events, event ticketing, event reservations, and event attendance; Customer loyalty and benefits program services for commercial, promotional and/or advertising purposes featuring discounts, special access to ticket sales and offers, and special offers of promotional goods and 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.

The applicant's current attorney information: Heather Dunn. Heather Dunn of DLA PIPER LLP (US), is located at

      555 MISSION STREET, SUITE 2400
      SAN FRANCISCO, California 94105
      US
The docket/reference number is 385837-125.

The phone number is 415-836-2557.

The fax number is 415.659.7357.

The email address is tmdocket@dlapiper.com

The applicants proposed attorney information: Heather Dunn. Other appointed attorneys are Carissa L. Bouwer, Esq., Gina Durham, Esq., Mark F. Radcliffe, Esq., Susan Acquista, Esq., Megan M. Michaels, Esq., Pei Heng Li, Esq., Alan A. Limbach, Esq., Andrew P. Valentine, Esq., and Jordan Chisek, Esq.. Heather Dunn of DLA PIPER LLP (US), is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      555 MISSION STREET, SUITE 2400
      SAN FRANCISCO, California 94105
      United States
The docket/reference number is 385837-125.

The phone number is 415-836-2557.

The fax number is 415.659.7357.

The email address is tmdocket@dlapiper.com

Heather Dunn 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.
The applicant's current correspondence information: HEATHER DUNN. HEATHER DUNN of DLA PIPER LLP (US), is located at

      555 MISSION STREET, SUITE 2400
      SAN FRANCISCO, California 94105
      US
The docket/reference number is 385837-125.

The phone number is 415-836-2557.

The fax number is 415.659.7357.

The email address is tmdocket@dlapiper.com

The applicants proposed correspondence information: Heather Dunn. Heather Dunn of DLA PIPER LLP (US), is located at

      555 MISSION STREET, SUITE 2400
      SAN FRANCISCO, California 94105
      United States
The docket/reference number is 385837-125.

The phone number is 415-836-2557.

The fax number is 415.659.7357.

The email address is tmdocket@dlapiper.com

SIGNATURE(S)
Declaration Signature

DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. 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.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. 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.

Signature: /Linsey S. Morrison/      Date: 11/04/2019
Signatory's Name: Linsey S. Morrison
Signatory's Position: Associate General Counsel

Response Signature
Signature: /Jordan Chisek/     Date: 11/05/2019
Signatory's Name: Jordan Chisek
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 415-836-2549

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    HEATHER DUNN
   DLA PIPER LLP (US)
   
   555 MISSION STREET, SUITE 2400
   SAN FRANCISCO, California 94105
Mailing Address:    Heather Dunn
   DLA PIPER LLP (US)
   555 MISSION STREET, SUITE 2400
   SAN FRANCISCO, California 94105
        
Serial Number: 88304246
Internet Transmission Date: Tue Nov 05 14:41:37 EST 2019
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XX-20191105144137974
552-88304246-7001ed2135221d44486ad5a4e70
c96bb73f1b83d0b6227dfb6e6f3b6f2c491aa51-
N/A-N/A-20191031145700287678