Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79279359 FCWAVE(Standard Characters, see http://uspto.report/TM/79279359/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Response to Office Action attached.
Original PDF file:
evi_739725484-20200624200 146434610_._OA_Response_- _FCWAVE_-_79279359.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 007 for Electric power generators; electricity generators; electric power generators for vessels, ships, boats and marine vehicles and structural parts therefor incorporating fuel cells and fuel cell stacks used as part of electric power generators for vessels, ships, boats and marine vehicles; electricity generators for vessels, ships, boats and marine vehicles and structural parts therefor incorporating fuel cells and fuel cell stacks used as part of electricity generators for vessels, ships, boats and marine vehicles
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Electric power generators; Electricity generators; Electric power generators for vessels, ships, boats and marine vehicles and structural parts therefor incorporating fuel cells and fuel cell stacks used as part of electric power generators for vessels, ships, boats and marine vehicles; Electricity generators for vessels, ships, boats and marine vehicles and structural parts therefor incorporating fuel cells and fuel cell stacks used as part of electricity generators for vessels, ships, boats and marine vehiclesClass 007 for Electricity generators; Electric power generators for vessels, ships, boats and marine vehicles and structural parts therefor incorporating fuel cells and fuel cell stacks used as part of electric power generators for vessels, ships, boats and marine vehicles; Electricity generators for vessels, ships, boats and marine vehicles and structural parts therefor incorporating fuel cells and fuel cell stacks used as part of electricity generators for vessels, ships, boats and marine vehicles

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following:

Current:
Class 009 for Fuel cell and fuel cell stacks for use in power and electricity generators and power and electricity generation system in vessels, ships, boats and marine vehicles; fuel cells; membrane electrode assemblies for fuel cells
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Fuel cell and fuel cell stacks for use in power and electricity generators and power and electricity generation system in vessels, ships, boats and marine vehicles; Fuel cell and fuel cell stacks for use in power and electricity generators and in power and electricity generation systems in vessels, ships, boats and marine vehicles; Fuel cells; Membrane electrode assemblies for fuel cellsClass 009 for Fuel cell and fuel cell stacks for use in power and electricity generators and in power and electricity generation systems in vessels, ships, boats and marine vehicles; Fuel cells; Membrane electrode assemblies for fuel cells

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Ballard Power Systems Inc., a corporation of Canada
Proposed: Ballard Power Systems Inc., a corporation of Canada
      Email Address: XXXX

The owner's/holder's proposed attorney information: Kevin S. Costanza. Other appointed attorneys are E. Russell Tarleton, Jared M. Barrett, Hayley J. Talbert, Syed Abedi, Duncan Stark, Russell C. Pangborn, Marc C. Levy, Brooke W. Quist, Kevan L. Morgan, Stephen J. Rosenman, Bradley Zentz, Brigid C. Mahoney, and Thomas A. Shewmake. Kevin S. Costanza of Seed IP Law Group LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 5400
      701 Fifth Avenue
      Seattle, Washington 98104
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 130109.225US.
      The phone number is 206-622-4900.
      The fax number is 206-682-6031.
      The email address is USTM.docketing@SeedIP.com

Kevin S. Costanza submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Vanguard Intellectual Property LLP,
Correspondence Information (proposed):
      Kevin S. Costanza
      PRIMARY EMAIL FOR CORRESPONDENCE: USTM.docketing@SeedIP.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 130109.225US.

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: /Kevin S. Costanza/     Date: 06/24/2020
Signatory's Name: Costanza, Kevin S.
Signatory's Position: Attorney of record, Washington sate Bar member

Signatory's Phone Number: 206-622-4900

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:    Vanguard Intellectual Property LLP,
   Attention: Jessica T. Yeung
   
   101-1001 West Broadway, Suite 380
   Vancouver BC V6H 4E4,
Mailing Address:    Kevin S. Costanza
   Seed IP Law Group LLP
   Suite 5400
   701 Fifth Avenue
   Seattle, Washington 98104
        
Serial Number: 79279359
Internet Transmission Date: Wed Jun 24 20:14:44 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200624201444890
680-79279359-7108cf4dc99e6f8bfe42503a7ea
447ee60c4cea8b877934fc0424bba5f7b1f13f-N
/A-N/A-20200624200146434610