| PTO- 1957 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
Response to Office Action
The table below presents the data as entered.
| PTO- 1957 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
97705635 UBER(Standard Characters, see http://uspto.report/TM/97705635/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
This document is filed in response to the Examining Attorney's Non-Final Office Action issued February 9, 2023. The Examining Attorney has initially refused registration based on two prior
registrations, namely U.S. Reg. No. 3402271 for UBER BABY Stylized in Oval in Class 35, and U.S. Reg. No. 5211439 for UBR in Class 25. With this response, Applicant hereby amends its identification
of goods as follows: "clothing, namely, shirts and pants; footwear; headwear; the foregoing excluding infant and toddler clothing, namely, one-piece garments for infants, and shoes and footies for
infants and toddlers." As to UBR SCANDINAVIA's U.S. Reg. No. 5211439 for UBR, Applicant notes that it is in contact with the Registrant.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 025 for Clothing, footwear, headwear
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of
the application filing date.
For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention,
and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in
commerce as of the application filing date.
For a certification mark application: The applicant will not engage in the production or marketing of the goods/services to which the mark is
applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Clothing, footwear, headwear;
Clothing, namely, shirts and pants;
footwear;
headwear;
the foregoing excluding infant and toddler clothing, namely, one-piece garments for infants, and
shoes and footies for infants and toddlersClass 025 for Clothing, namely, shirts and pants; footwear; headwear; the foregoing excluding infant and toddler clothing, namely, one-piece garments
for infants, and shoes and footies for infants and toddlers
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of
the application filing date.
For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention,
and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in
commerce as of the application filing date.
For a certification mark application: The applicant will not engage in the production or marketing of the goods/services to which the mark is
applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current)
Stephen Garcia
PRIMARY EMAIL FOR CORRESPONDENCE: tmprosecution@uber.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bkuber@brookskushman.com
The docket/reference number is UBER3073TUS.
Correspondence Information (proposed)
Stephen Garcia
PRIMARY EMAIL FOR CORRESPONDENCE: tmprosecution@uber.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bkuber@brookskushman.com; hshovein@brookskushman.com
The docket/reference number is UBER3073TUS.
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all
official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
SIGNATURE(S)
Response Signature
Signature: /Stephen Garcia/ Date: 08/08/2023
Signatory's Name: Stephen Garcia
Signatory's Position: Attorney of Record, California Bar Member
Signature method: Sent to third party for signature
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: Stephen Garcia
1515 3RD STREET
SAN FRANCISCO, California 94158
Mailing Address: Stephen Garcia
1515 3RD STREET
SAN FRANCISCO, California 94158
Serial Number: 97705635
Internet Transmission Date: Tue Aug 08 19:27:36 ET 2023
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20230808192736
808154-97705635-850bcfde6f4834e4dffe34a3
88f7f64e2c8a53f8fc43ef2a55cc1cd4058f67b7
0-N/A-N/A-20230808163746814573