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. 88036433 WARP CHARGE (Stylized and/or with Design, see http://uspto.report/TM/88036433/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of applicant's arguments in response to 2(d) refusal has been attached.
Original PDF file:
evi_64200130-20190115095850389981_._Exhibit_A.pdf
Converted PDF file(s) ( 19 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Original PDF file:
evi_64200130-20190115095850389981_._WARP_CHARGE_Arguments.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Advertising and publicity services; On-line advertising on a computer network; Providing television home shopping services in the field of general consumer merchandise; Organization of exhibitions for commercial or advertising purposes; Marketing services; Sales promotion for others

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Data cables; Power adapters; Cell phone battery chargers; Electrical adapters; Batteries, electric; Chargers for electric batteries; Wireless chargers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Data cables; Power adapters for cell phones; Power adapters; Cell phone battery chargers; Batteries, electric; Electrical adapters; Chargers for electric batteries; Wireless chargersClass 009 for Power adapters for cell phones; Cell phone battery chargers; Batteries, electric; Chargers for electric batteries; Wireless chargers
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "CHARGE" apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /dp/     Date: 01/15/2019
Signatory's Name: Dennis S. Prahl, Esq.
Signatory's Position: Attorney of Record, NY bar member

Signatory's Phone Number: 212-708-1800

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88036433
Internet Transmission Date: Tue Jan 15 10:03:57 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-201901151003576079
00-88036433-6208c56f6886d5194fb6d46a3cfc
46a62c054945168d15f2b5ac4ebf1deb8bd3-N/A
-N/A-20190115095850389981