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 |
79279359 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
FCWAVE |
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. |
OWNER SECTION (current) |
NAME |
Ballard Power Systems Inc. |
OWNER SECTION (proposed) |
NAME |
Ballard Power Systems Inc. |
EMAIL |
XXXX |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_739725484-20200624200 146434610_._OA_Response_-
_FCWAVE_-_79279359.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\792\793\79279359\xml7\ ROA0002.JPG |
DESCRIPTION OF EVIDENCE FILE |
Response to Office Action attached. |
GOODS AND/OR SERVICES SECTION (007) (current) |
INTERNATIONAL CLASS |
007 |
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 vehicles |
GOODS AND/OR SERVICES SECTION (007) (proposed) |
INTERNATIONAL CLASS |
007 |
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 vehicles |
FINAL DESCRIPTION |
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 |
GOODS AND/OR SERVICES SECTION (009) (current) |
INTERNATIONAL CLASS |
009 |
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 cells; membrane electrode assemblies for fuel cells |
GOODS AND/OR SERVICES SECTION (009) (proposed) |
INTERNATIONAL CLASS |
009 |
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 cells |
FINAL DESCRIPTION |
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 |
ATTORNEY INFORMATION (new) |
NAME |
Kevin S. Costanza |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Seed IP Law Group LLP |
INTERNAL ADDRESS |
Suite 5400 |
STREET |
701 Fifth Avenue |
CITY |
Seattle |
STATE |
Washington |
POSTAL CODE |
98104 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
206-622-4900 |
FAX |
206-682-6031 |
EMAIL |
USTM.docketing@SeedIP.com |
DOCKET/REFERENCE NUMBER |
130109.225US |
OTHER APPOINTED ATTORNEY |
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 |
CORRESPONDENCE INFORMATION (current) |
NAME |
Vanguard Intellectual Property LLP, |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Kevin S. Costanza |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
USTM.docketing@SeedIP.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
130109.225US |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Kevin S. Costanza/ |
SIGNATORY'S NAME |
Costanza, Kevin S. |
SIGNATORY'S POSITION |
Attorney of record, Washington sate Bar member |
SIGNATORY'S PHONE NUMBER |
206-622-4900 |
DATE SIGNED |
06/24/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jun 24 20:14:44 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XX-20
200624201444890680-792793
59-7108cf4dc99e6f8bfe4250
3a7ea447ee60c4cea8b877934
fc0424bba5f7b1f13f-N/A-N/
A-20200624200146434610 |
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