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. 88339776 BD (Stylized and/or with Design, see http://uspto.report/TM/88339776/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 Marketing services, namely, promoting or advertising the goods and services of others; marketing, advertising, and promoting the retail goods and services of others through wireless electronic devices; promoting the goods and services of others by arranging for businesses to affiliate their goods and services with the goods and services of third parties by means of sponsorship relationships; promoting the goods and services of others by means of distributing advertising on the internet; advertising services, namely, promoting and marketing the goods and services of others in the fields of travel, personal experiences, and events via print and electronic media; advertising and marketing services provided by means of indirect methods of marketing communications, namely, social media, search engine marketing, inquiry marketing, internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communications channels; business services, namely, providing an online network for contractors to receive leads and business opportunities by means of an online marketplace for the purpose of developing business; providing demand creation and lead generation activities and services; customer loyalty services for commercial, promotional and/or advertising purposes; arranging and conducting incentive reward programs to promote the sale of travel, unique and customized personal experiences, and entertainment events; contests and incentive award programs to promote the sale of products and services of others
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: Marketing services, namely, promoting or advertising the goods and services of others; marketing, advertising, and promoting the retail goods and services of others through wireless electronic devices; promoting the goods and services of others by arranging for businesses to affiliate their goods and services with the goods and services of third parties by means of sponsorship relationships; promoting the goods and services of others by means of distributing advertising on the internet; advertising services, namely, promoting and marketing the goods and services of others in the fields of travel, personal experiences, and events via print and electronic media; advertising and marketing services provided by means of indirect methods of marketing communications, namely, social media, search engine marketing, inquiry marketing, internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communications channels; business services, namely, providing an online network for contractors to receive leads and business opportunities by means of an online marketplace for the purpose of developing business; business services, namely, providing online sales leads for contractors for the travel and leisure industry; providing demand creation and lead generation activities and services; customer loyalty services for commercial, promotional and/or advertising purposes; arranging and conducting incentive reward programs to promote the sale of travel, unique and customized personal experiences, and entertainment events; contests and incentive award programs to promote the sale of products and services of othersClass 035 for Marketing services, namely, promoting or advertising the goods and services of others; marketing, advertising, and promoting the retail goods and services of others through wireless electronic devices; promoting the goods and services of others by arranging for businesses to affiliate their goods and services with the goods and services of third parties by means of sponsorship relationships; promoting the goods and services of others by means of distributing advertising on the internet; advertising services, namely, promoting and marketing the goods and services of others in the fields of travel, personal experiences, and events via print and electronic media; advertising and marketing services provided by means of indirect methods of marketing communications, namely, social media, search engine marketing, inquiry marketing, internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communications channels; business services, namely, providing online sales leads for contractors for the travel and leisure industry; providing demand creation and lead generation activities and services; customer loyalty services for commercial, promotional and/or advertising purposes; arranging and conducting incentive reward programs to promote the sale of travel, unique and customized personal experiences, and entertainment events; contests and incentive award programs to promote the sale of products and services of others
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 proposes to amend the following class of goods/services in the application:
Current: Class 042 for Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking services in the fields of travel, unique and customized personal experiences, and entertainment events; providing a web site that gives computer and mobile device users the ability to upload and share user-generated videos, photos, essays and articles on a wide variety of topics and subjects; providing a web site featuring temporary use of nondownloadable software allowing web site users to upload, post and display online videos, photos, and their stories for sharing with others for entertainment, motivational, inspirational, and informational purposes; providing a website featuring technology that enables users to upload and share user-generated videos, photos, and stories on a wide variety of topics and subjects; providing a web site featuring technology that enables internet users to research and book travel; providing personalized information about hotels and temporary accommodations for travel via the internet through computers, smartphones, tablets, set tops, and other wireless devices
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: Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking services in the fields of travel, unique and customized personal experiences, and entertainment events; providing a web site that gives computer and mobile device users the ability to upload and share user-generated videos, photos, essays and articles on a wide variety of topics and subjects; providing a web site featuring temporary use of nondownloadable software allowing web site users to upload, post and display online videos, photos, and their stories for sharing with others for entertainment, motivational, inspirational, and informational purposes; providing a website featuring technology that enables users to upload and share user-generated videos, photos, and stories on a wide variety of topics and subjects; providing a web site featuring technology that enables internet users to research and book travel; providing personalized information about hotels and temporary accommodations for travel via the internet through computers, smartphones, tablets, set tops, and other wireless devicesClass 042 for Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking services in the fields of travel, unique and customized personal experiences, and entertainment events; providing a web site that gives computer and mobile device users the ability to upload and share user-generated videos, photos, essays and articles on a wide variety of topics and subjects; providing a web site featuring temporary use of nondownloadable software allowing web site users to upload, post and display online videos, photos, and their stories for sharing with others for entertainment, motivational, inspirational, and informational purposes; providing a website featuring technology that enables users to upload and share user-generated videos, photos, and stories on a wide variety of topics and subjects; providing a web site featuring technology that enables internet users to research and book travel
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 043 for Providing personalized information about hotels and temporary accommodations for travel via the internet through computers, smartphones, tablets, set tops, and other wireless devices
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.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /Erik Fernandez/      Date: 06/19/2019
Signatory's Name: Erik Fernandez
Signatory's Position: General Manager of Operations and Finance, Corporate Secretary
Signatory's Phone Number: 3109218225


Response Signature
Signature: /Andrea Selkregg/     Date: 06/20/2019
Signatory's Name: Andrea Selkregg
Signatory's Position: Attorney of Record, OR bar member

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.

        
RAM Sale Number: 88339776
RAM Accounting Date: 06/20/2019
        
Serial Number: 88339776
Internet Transmission Date: Thu Jun 20 12:08:10 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201906201208107529
81-88339776-6202c86502cc85022557bca7d6f1
0e0b3561ee8c2ff28bdace2921fa4ba373127c7-
CC-12698-20190619151518534203