Response to Office Action

SYMPLA

SYMPLA INTERNET SOLUÇÕES S.A.

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)

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


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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