TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88031901

Filing Date: 07/10/2018

To the Commissioner for Trademarks:

MARK: DX-ARCTIC (Standard Characters, see mark)
The literal element of the mark consists of DX-ARCTIC.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Ipalco B.V., a besloten vennootschap (b.v.) legally organized under the laws of Netherlands, having an address of
      Pompmolenlaan 13 C
      Woerden 3447GK
      Netherlands

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 011:  Cooling, refrigerating and air conditioning apparatus and instruments
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 17683897, filed 01/11/2018.
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.

Based on Foreign Registration: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services, and submits a copy of European Union Trademark - EUTM registration number 017683897, and/or proof of renewal, registered 05/22/2018 with a renewal date of __________ and an expiration date of 01/11/2028, and translation thereof, if appropriate.

Original PDF file:
reg-216759226-143336602_._DX-ARCTIC.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

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


The applicant's current Attorney Information:
      Lawrence E. Abelman and Julie B. Seyler, Marie Anne Mastrovito, Frank Terranella, Julianne Abelman of Abelman, Frayne & Schwab      666 Third Avenue
      New York, New York 10017
      United States
      212-949-9022(phone)
      212-949-9190(fax)
      docket@lawabel.com (authorized)
The attorney docket/reference number is 879322.

The applicant hereby appoints Lawrence E. Abelman of Abelman, Frayne & Schwab
      666 Third Avenue
      New York New York 10017
      United States
      212-949-9022(phone)
      212-949-9190(fax)
      docket@lawabel.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Lawrence E. Abelman

Abelman, Frayne & Schwab

666 Third Avenue

New York, New York 10017

212-949-9022(phone)

212-949-9190(fax)

docket@lawabel.com;leabelman@lawabel.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /JA/   Date: 07/10/2018
Signatory's Name: Julianne Abelman
Signatory's Position: Attorney for Owner, New York Bar member
Payment Sale Number: 88031901
Payment Accounting Date: 07/11/2018

Serial Number: 88031901
Internet Transmission Date: Tue Jul 10 15:11:32 EDT 2018
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20180710151132909
680-88031901-610fb5ba4042aba48ff288a2eac
88a62913d1c6a84592aab6f6de48d38eecdbd3d-
DA-1617-20180710143336602172