| 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 07/31/2017) |
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| SERIAL NUMBER | 86702063 |
| LAW OFFICE ASSIGNED | LAW OFFICE 106 |
| MARK SECTION | |
| MARK | http://tmng-al.uspto.gov/resting2/api/img/86702063/large |
| LITERAL ELEMENT | RUGBY |
| 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) | |
1. Foreign Registration: We own a fully registered UK trademark in Class 12 for RUGBY Trademark Number: UK03118072 If this link works for you, you can see on the IPO GOV UK database that we own it: https://www.ipo.gov.uk/tmcase/Results/1/UK00003118072 We can scan and send as a pdf the printed original certificate- should you wish? 2. Section 2(d) Refusal – Likelihood of Confusion Absolutely, no possible confusion as our mark is just for RUGBY for an SUV electric cars. Our mark will be a badge for a new type of model car. There are 29 UK trademarks in Class 12 for marks that include the word Rugby but we were given the UK trademark because ours is unique. 3. PRIOR-FILED APPLICATION RUGBY WILDCAT RANCHER Serial Number85627860 Again, no confusion and different use in same Class This applicant claims their mark which contains the word "Rugby" is different and not confusing to the existing TMs containing the word Rugby. They cannot now claim to have the exclusive use of the word RUGBY We own a UK incorporated company, Rugby Limited Which is 100% owned by the applicant. We are developing an SUV electric car similar to Tesla Model X Thank you. Happy Christmas and New Year Shahab Hanif, B.Sc. |
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| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 012 |
| DESCRIPTION | Cars |
| FILING BASIS | Section 44(d) |
| FOREIGN APPLICATION NUMBER | UK0000311807 |
| FOREIGN APPLICATION COUNTRY | United Kingdom |
| FOREIGN FILING DATE | 07/16/2015 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 012 |
| DESCRIPTION | Cars |
| FILING BASIS | Section 44(d) |
| FOREIGN APPLICATION NUMBER | UK0000311807 |
| FOREIGN APPLICATION COUNTRY | United Kingdom |
| FOREIGN FILING DATE | 07/16/2015 |
| INTENT TO PERFECT 44(d) | At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained. |
| FILING BASIS | Section 44(e) |
| FOREIGN REGISTRATION NUMBER | UK3118072 |
| FOREIGN REGISTRATION COUNTRY | United Kingdom |
| FOREIGN REGISTRATION DATE | 07/16/2015 |
| DATE FOREIGN REGISTRATION RENEWED (if applicable) | 07/16/2025 |
| STANDARD CHARACTERS OR EQUIVALENT | YES |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /shahab hanif/ |
| SIGNATORY'S NAME | Shahab Hanif |
| SIGNATORY'S POSITION | CEO/Owner |
| SIGNATORY'S PHONE NUMBER | +447423185607 |
| DATE SIGNED | 12/22/2015 |
| RESPONSE SIGNATURE | /shahab hanif/ |
| SIGNATORY'S NAME | Shahab Hanif |
| SIGNATORY'S POSITION | CEO/Owner |
| SIGNATORY'S PHONE NUMBER | +447423185607 |
| DATE SIGNED | 12/22/2015 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Dec 22 08:43:56 EST 2015 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.X-201 51222084356251236-8670206 3-550f47bdcc821db83f07bca bb3a68b82eac89d619f8d0eaf e58b04d7c4ba89f219-N/A-N/ A-20151222080040944980 |
| 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 07/31/2017) |
1. Foreign Registration:
We own a fully registered UK trademark in Class 12 for RUGBY
Trademark Number: UK03118072
If this link works for you, you can see on the IPO GOV UK database that we own it: https://www.ipo.gov.uk/tmcase/Results/1/UK00003118072
We can scan and send as a pdf the printed original certificate- should you wish?
2. Section 2(d) Refusal – Likelihood of Confusion
Absolutely, no possible confusion as our mark is just for RUGBY for an SUV electric cars. Our mark will be a badge for a new type of model car.
There are 29 UK trademarks in Class 12 for marks that include the word Rugby but we were given the UK trademark because ours is unique.
Thank you.
Happy Christmas and New Year
Shahab Hanif, B.Sc.
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.