HOMEAWAY.COM, INC.
Filing Date
To:
HOMEAWAY.COM, INC.
Subject: Trademark Office Action Number
77712617
Owners Name:
HOMEAWAY.COM, INC.
Owners Address:
1011 W. FIFTH STREET
SUITE 300
AUSTIN,
TEXAS
UNITED STATES
78703
Trademark ID:
77712617
FIling Date:
2009-04-13
Mark:
RENTENTIAL
Mark Literal:
RENTENTIAL
Int Class:
Response Result:
Outgoing Signer
Matt Einstein
Response Signer:
Drew L. Harris
Services For:
Real estate marketing services in the field of vacation homes; Real estate services, namely, providing a marketplace for buying and selling properties, namely, providing a website for connecting buyers and sellers
United States Patent and Trademark Office (USPTO)
Office Action Response
Outgoing Trademark Office Action
Trademark Office Action Response
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
MARK: RENTENTIAL (design logo)
APPLICANT: HomeAway, Inc.
SERIAL NO.: 77/712,617
FILING DATE: April 13, 2009
ACTION MAILING DATE: June 26, 2009
Additional Remarks in Response to Office Action
The examining Trademark Attorney (Examiner) had objected to the specimen as not
showing the applied-for mark in use in commerce with the services described in the application.
On December 14, 2009, counsel for Applicant explained to the Examiner over the phone
how the specimen showed the applied-for mark used in connection with Applicants real estate
marketing and listing services. As a further explanation of how the applied-for mark is used,
counsel directed the Examiner to Applicants web site,
http://www.homeawayrealestate.com/rentential. The Examiner indicated that this web site
would be sufficient evidence to show that the original specimen did show the applied-for mark as
being used in connection with the relevant services.
As requested by the Examiner, a copy of that web site is attached hereto as evidence in
support of Applicants use of the applied-for mark in connection with the same marketing and
listing services.
Dated: December 14, 2009
GRAVES, DOUGHERTY, HEARON & MOODY, PC
By: _________/s/___________________________
Drew L. Harris, Esq.
401 Congress, Suite 2200
Austin, Texas 78701
(512) 480-5600; (512) 536-9932 (fax)
ATTORNEY FOR APPLICANT
1203844v1 12/14/2009
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
MARK: RENTENTIAL (design logo)
APPLICANT: HomeAway, Inc.
SERIAL NO.: 77/712,617
FILING DATE: April 13, 2009
ACTION MAILING DATE: June 26, 2009
Additional Remarks in Response to Office Action
The examining Trademark Attorney (Examiner) had objected to the specimen as not
showing the applied-for mark in use in commerce with the services described in the application.
On December 14, 2009, counsel for Applicant explained to the Examiner over the phone
how the specimen showed the applied-for mark used in connection with Applicants real estate
marketing and listing services. As a further explanation of how the applied-for mark is used,
counsel directed the Examiner to Applicants web site,
http://www.homeawayrealestate.com/rentential. The Examiner indicated that this web site
would be sufficient evidence to show that the original specimen did show the applied-for mark as
being used in connection with the relevant services.
As requested by the Examiner, a copy of that web site is attached hereto as evidence in
support of Applicants use of the applied-for mark in connection with the same marketing and
listing services.
Dated: December 14, 2009
GRAVES, DOUGHERTY, HEARON & MOODY, PC
By: _________/s/___________________________
Drew L. Harris, Esq.
401 Congress, Suite 2200
Austin, Texas 78701
(512) 480-5600; (512) 536-9932 (fax)
ATTORNEY FOR APPLICANT
1203844v1 12/14/2009