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. 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 class of goods/services in the application:
Current: Class 016 for Paper bags; decals; stickers; signage; packaging materials
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: Paper bags; decals; stickers; signage; signage, namely printed paper signs, printed cardboard signs and display cards primarily composed of cardboard; signage, namely, table tents; packaging materials; 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 foodClass 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; 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(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: Stephen Garcia. Stephen Garcia, is located at

      1455 MARKET ST., 4TH FLOOR
      SAN FRANCISCO, California 94103
      US

The email address is tmprosecution@uber.com

The applicants proposed attorney information: Stephen Garcia. Other appointed attorneys are Raphael A. Gutierrez. Stephen Garcia, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1455 Market Street, 4th Floor
      San Francisco, California 94103
      United States

The email address is tmprosecution@uber.com

Stephen Garcia 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: STEPHEN GARCIA. STEPHEN GARCIA, is located at

      1455 MARKET ST., 4TH FLOOR
      SAN FRANCISCO, California 94103
      US

The email address is tmprosecution@uber.com; ubertrademarkdocketing@fenwick.com

The applicants proposed correspondence information: Stephen Garcia. Stephen Garcia, is located at

      1455 Market Street, 4th Floor
      San Francisco, California 94103
      United States

The email address is tmprosecution@uber.com; ubertrademarkdocketing@fenwick.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use EATS apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Stephen Garcia/     Date: 12/11/2019
Signatory's Name: Stephen Garcia
Signatory's Position: Counsel, IP

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
   
   
   1455 MARKET ST., 4TH FLOOR
   SAN FRANCISCO, California 94103
Mailing Address:    Stephen Garcia
   1455 Market Street, 4th Floor
   San Francisco, California 94103
        
Serial Number: 88368389
Internet Transmission Date: Wed Dec 11 19:32:17 EST 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20191211193217588
315-88368389-700287e141e4bf8e743719511f1
d639d4d5727f25b4abb5a363be53598eeb98-N/A
-N/A-20191211175534545991