TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

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

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88049103 POWERSTORE(Standard Characters, see http://uspto.report/TM/88049103/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Simultaneously with this request for reconsideration, Applicant will be filing a Notice Of Appeal concerning the 2(d) issue.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Apparatus and instruments for accumulating and controlling electricity included in this class, including their parts, Static apparatus for active and reactive energy compensation in the nature of energy storage systems, including also power conversion systems and controllers, and parts therefor
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: Apparatus and instruments for accumulating and controlling electricity included in this class, including their parts, Static apparatus for active and reactive energy compensation in the nature of energy storage systems, including also power conversion systems and controllers, and parts therefor; Apparatus and instruments for accumulating and controlling electricity particularly, static apparatus for active and reactive energy compensation in the nature of electrical grid energy storage systems comprising electric storage batteries, battery chargers for use with electric storage batteries, lithium ion batteries, battery chargers for use with lithium ion batteries, battery monitors, electrical control panels, electric control devices for power regulation, power inverters, DC/AC power converters, electric power converters, circuit breakers, electric circuit switches, electrical relays and transformers.Class 009 for Apparatus and instruments for accumulating and controlling electricity particularly, static apparatus for active and reactive energy compensation in the nature of electrical grid energy storage systems comprising electric storage batteries, battery chargers for use with electric storage batteries, lithium ion batteries, battery chargers for use with lithium ion batteries, battery monitors, electrical control panels, electric control devices for power regulation, power inverters, DC/AC power converters, electric power converters, circuit breakers, electric circuit switches, electrical relays and transformers.
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.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Dermot Horgan/     Date: 12/13/2019
Signatory's Name: Dermot Horgan
Signatory's Position: Attorney for the the applicant

Signatory's Phone Number: 8478085500

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 88049103
Internet Transmission Date: Fri Dec 13 10:38:11 EST 2019
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-201912131038117
98182-88049103-700a69c9f914b4687e147cf29
268aff8459832d4e833c87463843b1287d8797a0
-N/A-N/A-20191213102630094460