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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88131170 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION |
MARK |
http://uspto.report/TM/88131170/mark.png |
LITERAL ELEMENT |
MERCEDES ME CHARGE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Chargers for electric batteries; Charging docks; Charging stations for electric vehicles; Battery charging devices for motor vehicles;
Electronic and magnetic ID cards for use in connection with payment for services; Credit cards, Fuel cards, Cards with a payment function; Card readers, software and software applications (apps) in
connection with charging stations for electric vehicles; downloadable software in the nature of a mobile application; Downloadable electronic maps |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
302018013685 |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
06/05/2018 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Chargers for electric batteries; Charging docks; Charging
stations for electric vehicles; Battery charging devices for motor vehicles; Electronic and magnetic ID cards for use in connection with payment
for services; Credit cards, Fuel cards, Cards with a payment function; Magnetically encoded credit cards, magnetically
encoded fuel cards, magnetically encoded cards with a payment function; Card readers, software and software applications (apps) in connection with charging
stations for electric vehicles; Card readers for credit cards, fuel cards and cards for charging stations; downloadable
software in the nature of a mobile application; Software and downloadable application software for operating charging stations for electric vehicles;
Downloadable electronic maps; Software and downloadable application software for processing payments to charging stations for
electric vehicles; Downloadable application software for use on smart phones, tablets and other mobile devices for operating charging stations for electric
vehicles; Downloadable application software for use on smart phones, tablets and other mobile devices for processing payments to charging stations for electric
vehicles; Downloadable electronic maps. |
FINAL DESCRIPTION |
Chargers for electric batteries; Charging docks; Charging stations for electric vehicles; Battery charging devices for motor vehicles;
Electronic and magnetic ID cards for use in connection with payment for services; Magnetically encoded credit cards, magnetically encoded fuel cards, magnetically encoded cards with a payment
function; Card readers for credit cards, fuel cards and cards for charging stations; Software and downloadable application software for operating charging stations for electric vehicles; Software and
downloadable application software for processing payments to charging stations for electric vehicles; Downloadable application software for use on smart phones, tablets and other mobile devices for
operating charging stations for electric vehicles; Downloadable application software for use on smart phones, tablets and other mobile devices for processing payments to charging stations for
electric vehicles; Downloadable electronic maps. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
302018013685 |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
06/05/2018 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
302018013685 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
08/14/2018 |
FOREIGN EXPIRATION DATE |
06/30/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-160793250-194026978_._88131170-FOREIGN_REG.pdf |
CONVERTED PDF FILE(S)
(6 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0007.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (036)(current) |
INTERNATIONAL CLASS |
036 |
DESCRIPTION |
Bank card, credit card, debit card and electronic payment card services; Providing of fuel cards; Credit card and payment card
services; Processing of credit and fuel card payments |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
302018013685 |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
06/05/2018 |
GOODS AND/OR SERVICES SECTION (036)(proposed) |
INTERNATIONAL CLASS |
036 |
TRACKED TEXT DESCRIPTION |
Bank card, credit card, debit card and electronic payment card services; Processing of bank card payments; Providing of fuel cards; Processing of credit card payments; Credit card and payment card services; Processing of debit card payments; Processing of credit and
fuel card payments; Processing of electronic payment card payments; Providing fuel cards services, namely, processing
electronic payment for fuel and electric charging. |
FINAL DESCRIPTION |
Processing of bank card payments; Processing of credit card payments; Processing of debit card payments; Processing of electronic
payment card payments; Providing fuel cards services, namely, processing electronic payment for fuel and electric charging. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
302018013685 |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
06/05/2018 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
302018013685 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
08/14/2018 |
FOREIGN EXPIRATION DATE |
06/30/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU1-160793250-194026978_._88131170-FOREIGN_REG.pdf |
CONVERTED PDF FILE(S)
(6 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0009.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0010.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0011.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0012.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0013.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
GOODS AND/OR SERVICES SECTION (037)(current) |
INTERNATIONAL CLASS |
037 |
DESCRIPTION |
Charging stations for electric vehicles; Installation of power supply equipment for transmitting and distributing an appropriate
current for charging stations for electric vehicles |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
302018013685 |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
06/05/2018 |
GOODS AND/OR SERVICES SECTION (037)(proposed) |
INTERNATIONAL CLASS |
037 |
TRACKED TEXT DESCRIPTION |
Charging stations for electric vehicles; Charging station services
for electric vehicles; Installation of power supply equipment for transmitting and distributing an appropriate current for charging stations for electric
vehicles; Installation of power supply equipment for transmitting and distributing an appropriate current for charging stations for electric vehicles. |
FINAL DESCRIPTION |
Charging station services for electric vehicles; Installation of power supply equipment for transmitting and distributing an
appropriate current for charging stations for electric vehicles. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
302018013685 |
FOREIGN APPLICATION COUNTRY |
Germany |
FOREIGN FILING DATE |
06/05/2018 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
302018013685 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
08/14/2018 |
FOREIGN EXPIRATION DATE |
06/30/2028 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU2-160793250-194026978_._88131170-FOREIGN_REG.pdf |
CONVERTED PDF FILE(S)
(6 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0014.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0015.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0016.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0017.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0018.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\311\88131170\xml4\ROA0019.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
YES |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use "CHARGE" apart from the mark as shown. |
MISCELLANEOUS STATEMENT |
Contingent upon the approval of the application for publication in the Official Gazette, Applicant withdraws its Section 1(b) filing basis and
will rely solely on Section 44(e). |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/Diane Donnelly/ |
SIGNATORY'S NAME |
Diane Donnelly |
SIGNATORY'S POSITION |
Attorney of Record, New York Bar Member |
SIGNATORY'S PHONE NUMBER |
212-661-1400 |
DATE SIGNED |
06/10/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Jun 10 19:56:11 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XX-20
190610195611533465-881311
70-620f96fde876ef2ce941af
67ce0988122776fd54c877965
8c2d156c6a16bd5599ce-N/A-
N/A-20190610194026978756 |
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.
88131170 MERCEDES ME CHARGE(Standard Characters, see http://uspto.report/TM/88131170/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 009 for Chargers for electric batteries; Charging docks; Charging stations for electric vehicles; Battery charging devices for motor vehicles; Electronic and magnetic ID cards
for use in connection with payment for services; Credit cards, Fuel cards, Cards with a payment function; Card readers, software and software applications (apps) in connection with charging stations
for electric vehicles; downloadable software in the nature of a mobile application; Downloadable electronic maps
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Germany application number 302018013685 filed 06/05/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Chargers for electric batteries;
Charging docks;
Charging stations for electric vehicles;
Battery charging devices for motor vehicles;
Electronic and magnetic ID cards for use in connection with payment for services;
Credit cards, Fuel cards, Cards with a payment function;
Magnetically encoded credit cards, magnetically encoded fuel cards, magnetically encoded
cards with a payment function;
Card readers, software and software applications (apps) in connection with charging stations for electric vehicles;
Card readers for credit cards, fuel cards and cards for charging stations;
downloadable software in the nature of a mobile
application;
Software and downloadable application software for operating charging stations for electric vehicles;
Downloadable electronic maps;
Software and downloadable application software for processing payments to charging stations for electric vehicles;
Downloadable application software for use on smart phones, tablets and other mobile devices for operating charging stations for electric vehicles;
Downloadable application software for use on smart phones, tablets and other mobile devices for processing payments to charging stations for electric vehicles;
Downloadable electronic maps.Class 009 for Chargers for electric batteries; Charging docks; Charging stations for electric vehicles; Battery charging devices for motor
vehicles; Electronic and magnetic ID cards for use in connection with payment for services; Magnetically encoded credit cards, magnetically encoded fuel cards, magnetically encoded cards with a
payment function; Card readers for credit cards, fuel cards and cards for charging stations; Software and downloadable application software for operating charging stations for electric vehicles;
Software and downloadable application software for processing payments to charging stations for electric vehicles; Downloadable application software for use on smart phones, tablets and other mobile
devices for operating charging stations for electric vehicles; Downloadable application software for use on smart phones, tablets and other mobile devices for processing payments to charging stations
for electric vehicles; Downloadable electronic maps.
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Germany application number 302018013685 filed 06/05/2018]. 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:For all applications: The applicant attaches a copy of [ Germany registration number 302018013685 registered 08/14/2018
with a renewal date of __________ and an expiration date of 06/30/2028 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-160793250-194026978_._88131170-FOREIGN_REG.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
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 036 for Bank card, credit card, debit card and electronic payment card services; Providing of fuel cards; Credit card and payment card services; Processing of credit and fuel
card payments
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Germany application number 302018013685 filed 06/05/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Bank card, credit card, debit card and electronic payment card services;
Processing of bank card
payments;
Providing of fuel cards;
Processing of credit card payments;
Credit card
and payment card services;
Processing of debit card payments;
Processing of credit and fuel card payments;
Processing of electronic payment card payments;
Providing fuel cards services, namely, processing electronic payment for fuel
and electric charging.Class 036 for Processing of bank card payments; Processing of credit card payments; Processing of debit card payments; Processing of electronic payment card payments;
Providing fuel cards services, namely, processing electronic payment for fuel and electric charging.
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Germany application number 302018013685 filed 06/05/2018]. 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:For all applications: The applicant attaches a copy of [ Germany registration number 302018013685 registered 08/14/2018
with a renewal date of __________ and an expiration date of 06/30/2028 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-160793250-194026978_._88131170-FOREIGN_REG.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
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 037 for Charging stations for electric vehicles; Installation of power supply equipment for transmitting and distributing an appropriate current for charging stations for
electric vehicles
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Germany application number 302018013685 filed 06/05/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Charging stations for electric vehicles;
Charging station services for electric vehicles;
Installation of power supply equipment for transmitting and distributing an appropriate current for charging stations for electric vehicles;
Installation of power supply equipment for transmitting and distributing an appropriate current for charging stations for electric vehicles.Class 037 for Charging station services
for electric vehicles; Installation of power supply equipment for transmitting and distributing an appropriate current for charging stations for electric vehicles.
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Germany application number 302018013685 filed 06/05/2018]. 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:For all applications: The applicant attaches a copy of [ Germany registration number 302018013685 registered 08/14/2018
with a renewal date of __________ and an expiration date of 06/30/2028 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU2-160793250-194026978_._88131170-FOREIGN_REG.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
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.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "CHARGE" apart from the mark as shown.
Miscellaneous Statement
Contingent upon the approval of the application for publication in the Official Gazette, Applicant withdraws its Section 1(b) filing basis and will rely solely on Section 44(e).
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the
Trademark Rules of Practice.
Response Signature
Signature: /Diane Donnelly/ Date: 06/10/2019
Signatory's Name: Diane Donnelly
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 212-661-1400
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: 88131170
Internet Transmission Date: Mon Jun 10 19:56:11 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20190610195611533
465-88131170-620f96fde876ef2ce941af67ce0
988122776fd54c8779658c2d156c6a16bd5599ce
-N/A-N/A-20190610194026978756