TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 87486499 KELVIN THERMAL ENERGY(Standard Characters, see http://uspto.report/TM/87486499/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Canada registration number TN 1077947 registered 04/30/2020, with a renewal date of 04/30/2030 and an expiration date of 04/30/2030, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_1214420254-175100672_. _KELVIN_THERMAL_-_CA_Regi stration.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

The foreign registration that is the basis of the U.S. application under Section 44(e) of the Trademark Act (15 U.S.C. Section 1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Energy storage and conversion equipment, namely, heat accumulators for temporary storage of energy, thermal based power generators, and integrated thermal storage and power generation systems for the delivery of high temperature fluid and steam
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1814551 filed 12/16/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 011 for Energy storage and conversion equipment, namely, heat accumulators for temporary storage of energy, thermal based power generators, and integrated thermal storage and power generation systems for the delivery of high temperature fluid and steam
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1814551 filed 12/16/2016]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Canada registration number TMA1077947 registered 04/30/2020 with a renewal date of 04/30/2030 and an expiration date of 04/30/2030 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-1214420254-175100672 _._KELVIN_THERMAL_-_CA_Re gistration.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Technological consultation and engineering design services for thermal energy storage and conversion systems; renewable energy technological consulting and engineering design services for power generation facilitating renewable energy storage facilities; and renewable energy technological consulting and engineering design services for oil and gas production facilities; Electronic monitoring services for thermal energy storage and conversation systems using computers or sensors
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1814551 filed 12/16/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 042 for Technological consultation and engineering design services for thermal energy storage and conversion systems; renewable energy technological consulting and engineering design services for power generation facilitating renewable energy storage facilities; and renewable energy technological consulting and engineering design services for oil and gas production facilities; Electronic monitoring services for thermal energy storage and conversation systems using computers or sensors
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1814551 filed 12/16/2016]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Canada registration number TMA 1077947 registered 04/30/2020 with a renewal date of 04/30/2030 and an expiration date of 04/30/2030 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU1-1214420254-175100672 _._KELVIN_THERMAL_-_CA_Re gistration.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Correspondence Information (current):
      Karen C. Kline
      PRIMARY EMAIL FOR CORRESPONDENCE: kckline@duanemorris.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocketing@duanemorris.com; BocaRaton-Trademark@duanemorris.com

The docket/reference number is G2480-01201.
Correspondence Information (proposed):
      Karen C. Kline
      PRIMARY EMAIL FOR CORRESPONDENCE: kckline@duanemorris.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocketing@duanemorris.com; BocaRaton-Trademark@duanemorris.com

The docket/reference number is G2480-01201.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Declaration Signature
The undersigned has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. The undersigned acknowledges that the USPTO may, upon later review, require a signed declaration.
Response Suspension Inquiry Signature
Signature: /Karen C. Kline/     Date: 09/14/2020
Signatory's Name: Karen C. Kline
Signatory's Position: Attorney of record, Florida Bar Member
Signatory's Phone Number: 561-962-2132

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:    Karen C. Kline
   DUANE MORRIS LLP
   BR-IPD
   1875 NW Corporate Blvd, Suite 300
   Boca Raton, Florida
Mailing Address:    Karen C. Kline
   DUANE MORRIS LLP
   BR-IPD
   1875 NW Corporate Blvd, Suite 300
   Boca Raton, Florida 33431
        
Serial Number: 87486499
Internet Transmission Date: Mon Sep 14 22:20:14 ET 2020
TEAS Stamp: USPTO/RSI-XX.XXX.XX.XXX-2020091422201473
2089-87486499-750937892417642e35935f1f45
a496e6ef36bd94ba82d70cada8a4d8ed380a8a-N
/A-N/A-20200914221635175004