Preliminary Amendment

PTO- 1966

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1966

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 88368389 UBER EATS(Standard Characters, see http://uspto.report/TM/88368389/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 016 for Paper bags; decals; stickers; signage, namely, printed paper signs, printed cardboard signs and display cards primarily composed of cardboard; signage, namely, table tents; packaging materials, namely, packaging materials made of recycled paper, cardboard packaging, paper bags for packaging, paper for wrapping and packaging, packaging containers comprised of paperboard for food and beverage, paper food wrap, cardboard carriers for food and beverages, paper take-out cartons for food, and absorbent pads of paper and cellulose for use in food packaging; packaging materials, namely, boxes, containers, and cartons of paperboard or cardboard for commercial or industrial packaging; packaging materials, namely, plastic bags and films for wrapping and packaging, adhesive plastic film for wrapping and packaging, plastic packaging wrap for commercial or industrial use, plastic films used for packaging food, food wrapping plastic film, plastic film for use as wrapping and packaging material for food and beverages, food wrapping plastic film, and plastic film roll stock for packaging food; packaging materials, namely, food wrappers; packaging materials, namely, packaging and containers comprised of starch-based materials in the nature of a paper substitute for food, beverages and consumer products, and compostable and biodegradable paper pulp-based to-go containers for food
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/00/2015 and first used in commerce at least as early as 06/00/2015 , and is now in use in such commerce.


Proposed:
Class 016 for Paper bags; decals; stickers; signage, namely, printed paper signs, printed cardboard signs and display cards primarily composed of cardboard; signage, namely, table tents; packaging materials, namely, packaging materials made of recycled paper, cardboard packaging, paper bags for packaging, paper for wrapping and packaging, packaging containers comprised of paperboard for food and beverage, paper food wrap, cardboard carriers for food and beverages, paper take-out cartons for food, and absorbent pads of paper and cellulose for use in food packaging; packaging materials, namely, boxes, containers, and cartons of paperboard or cardboard for commercial or industrial packaging; packaging materials, namely, plastic bags and films for wrapping and packaging, adhesive plastic film for wrapping and packaging, plastic packaging wrap for commercial or industrial use, plastic films used for packaging food, food wrapping plastic film, plastic film for use as wrapping and packaging material for food and beverages, food wrapping plastic film, and plastic film roll stock for packaging food; packaging materials, namely, food wrappers; packaging materials, namely, packaging and containers comprised of starch-based materials in the nature of a paper substitute for food, beverages and consumer products, and compostable and biodegradable paper pulp-based to-go containers for food
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/00/2015 and first used in commerce at least as early as 06/00/2015 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 016. The specimen(s) submitted consists of the attached specimen is submitted as a supplement to the May 16, 2021 Statement of Use, and consists of a website screenshot showing use of the mark in connection with the goods.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-216150233122-2021071 9141718595373_._Uber_Eats _Branded_Paper_Bistro_Tak e-out_Bags.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2


Webpage URL: http://ubereatsmerchantstore.com/collections/merchant-marketing-materials/products/uber-eats-branded-paper-bistro-take-out-bags
Webpage Date of Access: 07/15/2021
Correspondence Information (current):
      Stephen Garcia
      PRIMARY EMAIL FOR CORRESPONDENCE: tmprosecution@uber.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bkuber@brookskushman.com
Correspondence Information (proposed):
      Stephen Garcia
      PRIMARY EMAIL FOR CORRESPONDENCE: tmprosecution@uber.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bkuber@brookskushman.com

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

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: /Stephen Garcia/      Date: 07/22/2021
Signatory's Name: Stephen Garcia
Signatory's Position: Attorney of Record, California Bar Member
Signature method: Sent to third party for signature

Voluntary Amendment Signature
Signature: /Stephen Garcia/     Date: 07/22/2021
Signatory's Name: Stephen Garcia
Signatory's Position: Senior Counsel, IP
Signature method: Sent to third party for signature

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:    Stephen Garcia
   
   
   1515 3RD STREET
   SAN FRANCISCO, California 94158
Mailing Address:    Stephen Garcia
   1515 3RD STREET
   SAN FRANCISCO, California 94158
        
Serial Number: 88368389
Internet Transmission Date: Thu Jul 22 18:05:06 ET 2021
TEAS Stamp: USPTO/PRA-XXX.XXX.XXX.XXX-20210722180506
477469-88368389-7806d7051243a2ef2a765d6b
b427d4109d917fc727903d3c326a8e88776660d5
7e-N/A-N/A-20210719141718595373