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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88030718 |
LAW OFFICE ASSIGNED |
LAW OFFICE 123 |
MARK SECTION |
MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/88030718/large |
LITERAL ELEMENT |
SYMPLA |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
In this response, the applicant has responded to the examining attorney's requests for (i) information on the meaning of SYMPLA and (ii)
clarification of the goods and services. The applicant also has submitted copies of the foreign registration certificates in Classes 35 and 41 and is in the process of obtaining English translations
of both registration certificates. The foreign application in Class 9 has not yet registered. Simultaneously with filing this response, the applicant has requested that the examining attorney divide
the subject application by moving Class 9 into a child application and keeping Classes 35 and 41 in the parent application. The applicant respectfully requests that the examining attorney suspend
action on the child application while the applicant awaits for the Class 9 mark to register in Brazil, and on the parent application while the applicant procures English translations of the foreign
registration certificates in Classes 35 and 41. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computer software, including computer software used in connection with events, concerts, stage shows, theatrical performances,
expositions, conferences, demonstrations, sporting events, educational programs, parties, and galas; pre-recorded entertainment; downloadable musical sound recordings, motion pictures, television
programs, electronic publications, and electronic games programs |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
914.959.387 |
FOREIGN APPLICATION COUNTRY |
Brazil |
FOREIGN FILING DATE |
07/02/2018 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Computer software, including computer software used in connection with events, concerts, stage shows,
theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, and galas; Computer software, namely, computer
software used for selling tickets to, generating ticket sales and consumer data reports for, advertising, marketing, managing and organizing events, such as concerts, stage shows, theatrical
performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events;
pre-recorded entertainment; pre-recorded entertainment, namely, pre-recorded digital media devices providing information about
events, such as concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and
workshops, online events and other events, and ticket sales; downloadable musical sound recordings, motion pictures, television programs, electronic
publications, and electronic games programs; downloadable musical sound recordings; downloadable motion pictures and
television programs on digital media devices providing information about events, such as concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events,
educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events, and ticket sales; electronic games
programs. |
FINAL DESCRIPTION |
Computer software, namely, computer software used for selling tickets to, generating ticket sales and consumer data reports for,
advertising, marketing, managing and organizing events, such as concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs,
parties, galas, museums, festivals, classes and workshops, online events and other events; pre-recorded entertainment, namely, pre-recorded digital media devices providing information about events,
such as concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops,
online events and other events, and ticket sales; downloadable musical sound recordings; downloadable motion pictures and television programs on digital media devices providing information about
events, such as concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and
workshops, online events and other events, and ticket sales; electronic games programs. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
914.959.387 |
FOREIGN APPLICATION COUNTRY |
Brazil |
FOREIGN FILING DATE |
07/02/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Business advisory and consultancy services and consumer information services provided via the Internet in connection with the ticketing
of and admission to events, concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, and galas |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
914.959.387 |
FOREIGN APPLICATION COUNTRY |
Brazil |
FOREIGN FILING DATE |
07/02/2018 |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Business advisory and consultancy services and consumer information services provided via the Internet in connection
with the ticketing of and admission to events, concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, and
galas; information, advisory, and consulting services in connection with promotion, advertising and sponsorship of, and sales reporting for events such as
concerts, stage shows, theatrical performances, expositions, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events;
information, advisory, and consulting services with respect to entertainment admission venue control services, namely, audience and attendee validation, admission and
check-in; information, advisory, and consulting services with respect to audience and attendee mailing lists, databases, and contacts, namely, demographic
consultation. |
FINAL DESCRIPTION |
Business advisory and consultancy services and consumer information services provided via the Internet in connection with the ticketing
of and admission to events, concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, and galas; information, advisory,
and consulting services in connection with promotion, advertising and sponsorship of, and sales reporting for events such as concerts, stage shows, theatrical performances, expositions, sporting
events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events; information, advisory, and consulting services with respect to entertainment
admission venue control services, namely, audience and attendee validation, admission and check-in; information, advisory, and consulting services with respect to audience and attendee mailing lists,
databases, and contacts, namely, demographic consultation. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
912715162 |
FOREIGN APPLICATION COUNTRY |
Brazil |
FOREIGN FILING DATE |
05/12/2017 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
912715162 |
FOREIGN REGISTRATION
COUNTRY |
Brazil |
FOREIGN REGISTRATION
DATE |
10/16/2018 |
FOREIGN EXPIRATION DATE |
10/16/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU1-2041552303-110230141_._SYMPLA_word_mark_Class_35_reg_cert.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\889\753\88975356\LM2Copy\88030718\1\ROA9\ROA2.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\889\753\88975356\LM2Copy\88030718\1\ROA9\ROA3.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Information, advisory, and consulting services in the field of entertainment; sales of tickets and admission to events, concerts, stage
shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, and galas; information, advisory, and consulting services in connection with
the planning, organization, management, promotion, advertising, sponsorship, ticketing, and sales reporting for events, concerts, stage shows, theatrical performances, expositions, sporting events,
educational programs, parties, and galas; information, advisory, and consulting services with respect to audience and attendee ticketing, subscriptions, invitations, registration, validation,
admission, check-in, accreditation, crowd control, payments, refunds, communications, mailing lists, databases, contacts, feedback, demographics, and customer support |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
914.959.387 |
FOREIGN APPLICATION COUNTRY |
Brazil |
FOREIGN FILING DATE |
07/02/2018 |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Information, advisory, and consulting services in the field of entertainment; Entertainment information, and advisory and consulting services in the field of entertainment, namely consultation in the field of special event planning for social entertainment
purposes; sales of tickets and admission to events, concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events,
educational programs, parties, and galas; ticket and admission ticket reservation and booking services to events, such as concerts, stage shows, theatrical
performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events;
information, advisory, and consulting services in connection with the planning, organization, management, promotion, advertising, sponsorship, ticketing, and sales
reporting for events, concerts, stage shows, theatrical performances, expositions, sporting events, educational programs, parties, and galas; information,
advisory, and consulting services in connection with planning, organization, and ticketing agency services for events, such as concerts, stage shows, theatrical performances, expositions, sporting
events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events; information, advisory, and consulting
services with respect to audience and attendee ticketing, subscriptions, invitations, registration, validation, admission, check-in, accreditation, crowd control, payments, refunds, communications,
mailing lists, databases, contacts, feedback, demographics, and customer support; information, advisory, and consulting services with respect to audience and
attendee ticket reservation, booking and admission services and feedback services in the nature of on-line reviews of ticket sales of events, such as concerts, stage shows, theatrical performances,
expositions, conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events. |
FINAL DESCRIPTION |
Entertainment information, and advisory and consulting services in the field of entertainment, namely consultation in the field of
special event planning for social entertainment purposes; ticket and admission ticket reservation and booking services to events, such as concerts, stage shows, theatrical performances, expositions,
conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events; information, advisory, and consulting
services in connection with planning, organization, and ticketing agency services for events, such as concerts, stage shows, theatrical performances, expositions, sporting events, educational
programs, parties, galas, museums, festivals, classes and workshops, online events and other events; information, advisory, and consulting services with respect to audience and attendee ticket
reservation, booking and admission services and feedback services in the nature of on-line reviews of ticket sales of events, such as concerts, stage shows, theatrical performances, expositions,
conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
912715197 |
FOREIGN APPLICATION COUNTRY |
Brazil |
FOREIGN FILING DATE |
05/12/2017 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
912715197 |
FOREIGN REGISTRATION
COUNTRY |
Brazil |
FOREIGN REGISTRATION
DATE |
10/16/2018 |
FOREIGN EXPIRATION DATE |
10/16/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU2-2041552303-110230141_._SYMPLA_word_mark_Class_41_reg_cert.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\889\753\88975356\LM2Copy\88030718\1\ROA9\ROA4.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\889\753\88975356\LM2Copy\88030718\1\ROA9\ROA5.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
ADDITIONAL STATEMENTS SECTION |
SIGNIFICANCE OF MARK |
SYMPLA appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the
goods/services/collective membership organization listed in the application, or any geographical significance. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/Gayle Denman/ |
SIGNATORY'S NAME |
Gayle Denman |
SIGNATORY'S POSITION |
Attorney, New York bar member |
DATE SIGNED |
04/26/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Apr 26 11:50:49 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0190426115049428068-88030
718-6201f26c26e549b141cc1
5e6b7e2ccc3fa76afd7f53690
8a1db94fd58529bbbe-N/A-N/
A-20190426110230141847 |
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.
88030718 SYMPLA(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88030718/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In this response, the applicant has responded to the examining attorney's requests for (i) information on the meaning of SYMPLA and (ii) clarification of the goods and services. The applicant also
has submitted copies of the foreign registration certificates in Classes 35 and 41 and is in the process of obtaining English translations of both registration certificates. The foreign application
in Class 9 has not yet registered. Simultaneously with filing this response, the applicant has requested that the examining attorney divide the subject application by moving Class 9 into a child
application and keeping Classes 35 and 41 in the parent application. The applicant respectfully requests that the examining attorney suspend action on the child application while the applicant awaits
for the Class 9 mark to register in Brazil, and on the parent application while the applicant procures English translations of the foreign registration certificates in Classes 35 and 41.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software, including computer software used in connection with events, concerts, stage shows, theatrical performances, expositions, conferences, demonstrations,
sporting events, educational programs, parties, and galas; pre-recorded entertainment; downloadable musical sound recordings, motion pictures, television programs, electronic publications, and
electronic games programs
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Brazil application number 914.959.387 filed 07/02/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Computer software, including computer software used in connection with events, concerts, stage shows, theatrical performances,
expositions, conferences, demonstrations, sporting events, educational programs, parties, and galas;
Computer software, namely, computer software used for selling
tickets to, generating ticket sales and consumer data reports for, advertising, marketing, managing and organizing events, such as concerts, stage shows, theatrical performances, expositions,
conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events;
pre-recorded entertainment;
pre-recorded entertainment, namely, pre-recorded digital media devices providing information about events, such as concerts,
stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and
other events, and ticket sales;
downloadable musical sound recordings, motion pictures, television programs, electronic publications, and electronic games
programs;
downloadable musical sound recordings;
downloadable motion pictures and television programs on digital media
devices providing information about events, such as concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, galas,
museums, festivals, classes and workshops, online events and other events, and ticket sales;
electronic games programs.Class 009 for Computer software,
namely, computer software used for selling tickets to, generating ticket sales and consumer data reports for, advertising, marketing, managing and organizing events, such as concerts, stage shows,
theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events;
pre-recorded entertainment, namely, pre-recorded digital media devices providing information about events, such as concerts, stage shows, theatrical performances, expositions, conferences,
demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events, and ticket sales; downloadable musical sound
recordings; downloadable motion pictures and television programs on digital media devices providing information about events, such as concerts, stage shows, theatrical performances, expositions,
conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events, and ticket sales; electronic games
programs.
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Brazil application number 914.959.387 filed 07/02/2018]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Business advisory and consultancy services and consumer information services provided via the Internet in connection with the ticketing of and admission to events,
concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, and galas
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Brazil application number 914.959.387 filed 07/02/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Business advisory and consultancy services and consumer information services provided via the Internet in connection with the ticketing of and
admission to events, concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, and galas;
information, advisory, and consulting services in connection with promotion, advertising and sponsorship of, and sales reporting for events such as concerts, stage shows, theatrical
performances, expositions, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events;
information, advisory, and consulting services with respect to entertainment admission venue control services, namely, audience and attendee validation, admission and check-in;
information, advisory, and consulting services with respect to audience and attendee mailing lists, databases, and contacts, namely, demographic
consultation.Class 035 for Business advisory and consultancy services and consumer information services provided via the Internet in connection with the ticketing of and admission to events,
concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, and galas; information, advisory, and consulting services in
connection with promotion, advertising and sponsorship of, and sales reporting for events such as concerts, stage shows, theatrical performances, expositions, sporting events, educational programs,
parties, galas, museums, festivals, classes and workshops, online events and other events; information, advisory, and consulting services with respect to entertainment admission venue control
services, namely, audience and attendee validation, admission and check-in; information, advisory, and consulting services with respect to audience and attendee mailing lists, databases, and
contacts, namely, demographic consultation.
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Brazil application number 912715162 filed 05/12/2017]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Brazil registration number 912715162 registered 10/16/2018
with a renewal date of __________ and an expiration date of 10/16/2028 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-2041552303-110230141_._SYMPLA_word_mark_Class_35_reg_cert.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Information, advisory, and consulting services in the field of entertainment; sales of tickets and admission to events, concerts, stage shows, theatrical performances,
expositions, conferences, demonstrations, sporting events, educational programs, parties, and galas; information, advisory, and consulting services in connection with the planning, organization,
management, promotion, advertising, sponsorship, ticketing, and sales reporting for events, concerts, stage shows, theatrical performances, expositions, sporting events, educational programs,
parties, and galas; information, advisory, and consulting services with respect to audience and attendee ticketing, subscriptions, invitations, registration, validation, admission, check-in,
accreditation, crowd control, payments, refunds, communications, mailing lists, databases, contacts, feedback, demographics, and customer support
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Brazil application number 914.959.387 filed 07/02/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Information, advisory, and consulting services in the field of entertainment;
Entertainment
information, and advisory and consulting services in the field of entertainment, namely consultation in the field of special event planning for social entertainment purposes;
sales of tickets and admission to events, concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, and
galas;
ticket and admission ticket reservation and booking services to events, such as concerts, stage shows, theatrical performances, expositions, conferences,
demonstrations, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events;
information,
advisory, and consulting services in connection with the planning, organization, management, promotion, advertising, sponsorship, ticketing, and sales reporting for events, concerts, stage shows,
theatrical performances, expositions, sporting events, educational programs, parties, and galas;
information, advisory, and consulting services in connection
with planning, organization, and ticketing agency services for events, such as concerts, stage shows, theatrical performances, expositions, sporting events, educational programs, parties, galas,
museums, festivals, classes and workshops, online events and other events;
information, advisory, and consulting services with respect to audience and attendee
ticketing, subscriptions, invitations, registration, validation, admission, check-in, accreditation, crowd control, payments, refunds, communications, mailing lists, databases, contacts, feedback,
demographics, and customer support;
information, advisory, and consulting services with respect to audience and attendee ticket reservation, booking and
admission services and feedback services in the nature of on-line reviews of ticket sales of events, such as concerts, stage shows, theatrical performances, expositions, conferences, demonstrations,
sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events.Class 041 for Entertainment information, and advisory and
consulting services in the field of entertainment, namely consultation in the field of special event planning for social entertainment purposes; ticket and admission ticket reservation and booking
services to events, such as concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals,
classes and workshops, online events and other events; information, advisory, and consulting services in connection with planning, organization, and ticketing agency services for events, such as
concerts, stage shows, theatrical performances, expositions, sporting events, educational programs, parties, galas, museums, festivals, classes and workshops, online events and other events;
information, advisory, and consulting services with respect to audience and attendee ticket reservation, booking and admission services and feedback services in the nature of on-line reviews of
ticket sales of events, such as concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, galas, museums, festivals,
classes and workshops, online events and other events.
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Brazil application number 912715197 filed 05/12/2017]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Brazil registration number 912715197 registered 10/16/2018
with a renewal date of __________ and an expiration date of 10/16/2028 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU2-2041552303-110230141_._SYMPLA_word_mark_Class_41_reg_cert.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
SYMPLA appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed
in the application, or any geographical significance.
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the
Trademark Rules of Practice.
Response Signature
Signature: /Gayle Denman/ Date: 04/26/2019
Signatory's Name: Gayle Denman
Signatory's Position: Attorney, New York 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.
Serial Number: 88030718
Internet Transmission Date: Fri Apr 26 11:50:49 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2019042611504942
8068-88030718-6201f26c26e549b141cc15e6b7
e2ccc3fa76afd7f536908a1db94fd58529bbbe-N
/A-N/A-20190426110230141847