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. 88124045 HUMMINGBIRD(Standard Characters, see http://uspto.report/TM/88124045/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Buses; Buses and structural parts therefor; Electric motors for motor cars; Electrically-powered motor vehicles; Electronic stability system to allow better control and maneuverability of trucks and trailers, sold as an integral component of trucks; Land vehicles; Light trucks; Mine cars; Motor vehicles, namely, passenger automobiles, their structural parts, trim and badges; Motors and engines for land vehicles; Motors for automobiles; Off-road vehicles; Platform trucks; Structural parts for buses; Structural parts for trucks; Tractor trailers; Tractors; Tractors for agricultural purposes; Truck parts, namely, a premium-outfitted truck cab; Trucks; Trucks and structural parts therefor; Vehicle power train mechanism comprised of clutch, transmission, drive shaft, and differential; Driving motors for land vehicles; Electrically powered buses; Land vehicle parts, namely, differentials; Land vehicle structural parts for tractors, trucks, buses, and mining vehicles; Motor vehicles, namely, automobiles, trucks, vans, sport utility vehicles and structural parts therefor; Motors for land vehicles; Motors, electric, for land vehicles; Semi-tractor trailers; Transmissions for land vehicles; Transmissions, for land vehicles
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2015 and first used in commerce at least as early as 03/14/2018 , and is now in use in such commerce.

Proposed: Class 012 for Buses; Buses and structural parts therefor; Electric motors for motor cars; Electrically-powered motor vehicles; Electronic stability system to allow better control and maneuverability of trucks and trailers, sold as an integral component of trucks; Land vehicles; Light trucks; Mine cars; Motor vehicles, namely, passenger automobiles, their structural parts, trim and badges; Motors and engines for land vehicles; Motors for automobiles; Off-road vehicles; Platform trucks; Structural parts for buses; Structural parts for trucks; Tractor trailers; Tractors; Tractors for agricultural purposes; Truck parts, namely, a premium-outfitted truck cab; Trucks; Trucks and structural parts therefor; Vehicle power train mechanism comprised of clutch, transmission, drive shaft, and differential; Driving motors for land vehicles; Electrically powered buses; Land vehicle parts, namely, differentials; Land vehicle structural parts for tractors, trucks, buses, and mining vehicles; Motor vehicles, namely, automobiles, trucks, vans, sport utility vehicles and structural parts therefor; Motors for land vehicles; Motors, electric, for land vehicles; Semi-tractor trailers; Transmissions for land vehicles; Transmissions, for land vehicles
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2015 and first used in commerce at least as early as 03/14/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 012 . The specimen(s) submitted consists of Close-up of the Hummingbird product decal installed on the front of a HummingbirdEV electric bus. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Building construction and repair; Vehicle battery charging
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2015 and first used in commerce at least as early as 03/14/2018 , and is now in use in such commerce.

Proposed: Class 037 for Building construction and repair; Vehicle battery charging
Deleted Filing Basis: 1(a)
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)
Declaration Signature

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.

Signature: /Rakesh Koneru/      Date: 09/28/2019
Signatory's Name: RAKESH KONERU
Signatory's Position: COO
Signatory's Phone Number: 925-400-6888


Request for Reconsideration Signature
Signature: /Rakesh Koneru/     Date: 09/28/2019
Signatory's Name: RAKESH KONERU
Signatory's Position: COO

Signatory's Phone Number: 925-400-6888

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

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

        
Serial Number: 88124045
Internet Transmission Date: Sat Sep 28 20:41:17 EDT 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2019092820411703
0105-88124045-61095fb12877d75a0d5ad74ca5
4f596fe6caca66488d514f1c06a62f4d64580-N/
A-N/A-20190928202844003080