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. 88169425 DIGIPOWER (Stylized and/or with Design, see http://uspto.report/TM/88169425/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 Cigarette lighters for automobiles; Automobile safety devices, namely, Airbag; Anti theft alarm for vehicles; Reverse gear alarms for vehicles; Ambulances; Shock absorbers for automobiles; Shock absorbers for suspension of vehicles; Wheel axle rings; Anti obfuscating devices for vehicles; Anti-theft devices for vehicles; Head restraints for vehicle seats; Rim for vehicle wheels; Child safety seats for vehicles; Seats for vehicles; Trailer tow bar for vehicles; Automobiles; Treadmill to retread tires; Crankshafts for land vehicles, except engine parts; Vehicle accessories, namely, air pumps; Honks for vehicles; Gearboxes for land vehicles; Wheel caps; Trucks; Covers for steppes; Covers for steering wheels of vehicles; Car hood; Motor hoods; Vehicle hood; Bodyworks; Dump Truck, tipping buckets trucks; Automotive bodies works; Cars; Sports cars; Motor vehicles; Cars for bicycle, tricycle; Car body parts except for engines; Car chassis; Vehicle chassis; Seat belts for vehicle seats; Hydraulic circuits for vehicles; Molded covers for vehicles; Counterweights for vehicle wheels; Torque converter for land vehicles; Non-slip chains; Command chains for land vehicles; Transmission chains for land vehicles; Chains for cars; Anti-fog devices for vehicles; Transmission shafts for land vehicles; Axles for vehicle wheels; Shafts for vehicles; Clutches for land vehicles; Stackers; Engines for land vehicles; Gear for land vehicles; Reduction gears for land vehicles; Rearview mirrors; Car upholstery; Stirrups of vehicles; Brakes for vehicles; Vehicles, namely, vans; Shaft spindles; Windows for vehicles; Headlight cleaners; Windshield wipers; Canvas, pneumatic; Brake linings for vehicles; Directional lights for vehicles; Propulsion mechanisms for land vehicles; Shock absorbing springs for vehicles; Suspension springs for vehicles; Traction motors; Electric motors for land vehicles; Engines for land vehicles; Bus; Parts of land vehicles, namely, body lift panel; Windshield; Vehicle bumpers; Shock absorbers for automobiles; Mudguards; Parasols adapted for cars; Brake pads for vehicles; Tires; Tires for vehicle wheels; Solid tires for wheels of land vehicles; Luggage rack for vehicles; Car skis; Doors for vehicles; Patches to repair tubes; Vehicle wheels; Free wheels for land vehicles; Bearings of cylinders for vehicles; Brake shoes for vehicles; Vehicles, namely, scooters; Brake segments for vehicles; Side cars; Spoilers for vehicles; Covers for gasoline tanks of vehicles; Trailers, caravan; Trailers; Transmissions for land vehicles; Tricks for rail vehicles; Turbines for land vehicles; Valves for vehicle tires; Dump vehicles; Vehicles of remote control except toy; Electric vehicles; Vehicles motorized for camping, namely, motor home; Flywheels for vehicles; Vehicle windowpane damper; Wheel ring; Starting engine for land vehicle; Vehicle bench; Air bladder of rubber for tire vulcanization; Car blocker, safety; Brake rubber for land vehicles; Vehicle part, namely, brake; Rubber bushing for cars; Bucket trucks; Gear, vehicle component; Discharge pipe for vehicle; Cover for vehicle; Truck wagon; Part of vehicles, namely, hose clips; Cover for vehicles; Vehicle commands; Converter catalytic to automobile; Vehicle transmission belt; Vehicle current; Vehicle sealing device; Motor shaft for vehicle; Vehicles part, namely, connection links; Waxed vehicle cover; Vehicle parts, namely, electrical equipment for regulating rear-view mirrors; Vehicle exhaust; Vehicle mirror; Eccentric, piece of vehicle part of a machine that rotates around a point outside its geometric center and which, therefore, transforms a rotating movement into another of different nature; Switch for Headlight and arrow for vehicle; Oil and fuel filter for vehicles; Vehicle part, namely, patches; Vehicle part, namely, electrical or mechanical actuator lift of the glass of the door; Springs for safety locks of the hood of the automobile; Rubber part used as protection of the air bag in the process of reforming tires; Rubber part used to protect the bag of air in the process of reforming tires; Bicycle carrier for vehicles; Ski holder for vehicles; Silencers for vehicles; Security systems for vehicles; Automotive fiber and plastic spoilers; Part of vehicles, namely, brake drums; Electric vehicle, vehicle hood; Urban public transport vehicle, namely, trolley bussport vehicle; Spark plugs for cars; Vehicle glass
Original Filing Basis:
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[ Brazil application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Brazil registration number 904943569 registered 06/23/2015 with a renewal date of __________ and an expiration date of 06/23/2025 ], 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.

Proposed:
Tracked Text Description: Cigarette lighters for automobiles; Automobile safety devices, namely, Airbag; Automobile safety devices, namely, Airbags; Anti theft alarm for vehicles; Reverse gear alarms for vehicles; Ambulances; Shock absorbers for automobiles; Shock absorbers for suspension of vehicles; Wheel axle rings; Wheel axle rings for vehicles; Anti obfuscating devices for vehicles; Anti-theft devices for vehicles; Head restraints for vehicle seats; Rims for vehicle wheels; Rim for vehicle wheels; Child safety seats for vehicles; Seats for vehicles; Trailer tow bar for vehicles; Automobiles; Treadmill to retread vehicle tires; Treadmill to retread tires; Crankshafts for land vehicles, except engine parts; Vehicle accessories, namely, air pumps; Horns for vehicles; Honks for vehicles; Gearboxes for land vehicles; Vehicle wheel caps; Wheel caps; Trucks; Covers for steering wheels of vehicles; Covers for steppes; Car hoods; Motor vehicle hoods; Car hood; Vehicle hoods; Motor hoods; Dump Trucks; Vehicle hood; tipping buckets trucks; Bodyworks; Cars; Dump Truck, tipping buckets trucks; Sports cars; Automotive bodies works; Motor vehicles, namely, two-wheeled motor vehicles, four-wheeled motor vehicles, electrically-powered motor vehicles; trailers for bicycles and tricycles not being toys; Car chassis; Motor vehicles; Vehicle chassis; Cars for bicycle, tricycle; Seat belts for vehicle seats; Car body parts except for engines; Hydraulic circuits for vehicles; Fitted covers for vehicles; Counterweights for vehicle wheels; Torque converters for land vehicles; Non-slip chains for vehicles; Molded covers for vehicles; Command chains for land vehicles; Transmission chains for land vehicles; Torque converter for land vehicles; Chains for tires for use with cars; Non-slip chains; Transmission shafts for land vehicles; Axles for vehicle wheels; Drive shafts for land vehicles; Chains for cars; Clutches for land vehicles; Anti-fog devices for vehicles; Engines for land vehicles; Gearing for land vehicles; Reduction gears for land vehicles; Shafts for vehicles; Rearview mirrors; Car upholstery; Stackers; Stirrups for vehicles; Brakes for vehicles; Gear for land vehicles; Vehicles, namely, vans; Shaft spindles for vehicles; Windows for vehicles; Headlight cleaners being parts of vehicles; Stirrups of vehicles; Windshield wipers; Canvas roofing for vehicles that is removable; pneumatic; Shaft spindles; Brake linings for vehicles; Directional lights for vehicles; Headlight cleaners; Propulsion mechanisms for land vehicles; Shock absorbing springs for vehicles; Canvas, pneumatic; Suspension springs for vehicles; Traction motors for vehicles; Electric motors for land vehicles; Buses; Parts of land vehicles, namely, body lift panel; Automobile windshields; Traction motors; Vehicle bumpers; Shock absorbers for automobiles; Mudguards; Bus; Parasols adapted for cars; Brake pads for vehicles; Windshield; Tires; Tires for vehicle wheels; Solid tires for wheels of land vehicles; Luggage rack for vehicles; Car skis in the nature of skis adapted to be installed in cars; Doors for vehicles; Patches to repair tire tubes; Vehicle wheels; Free wheels for land vehicles; Bearings of cylinders for vehicles; Car skis; Brake shoes for vehicles; Vehicles, namely, motor scooters; Patches to repair tubes; Brake segments for vehicles; Side cars; Spoilers for vehicles; Covers for gasoline tanks of vehicles; Trailers, caravan; Vehicles, namely, scooters; Trailers; Transmissions for land vehicles; Turbines for land vehicles; Valves for vehicle tires; Dump vehicles, namely, dump trucks; Remotely-operated vehicles not being toys, namely, cars; Electric vehicles, namely, cars, bicycles, scooters; Vehicles motorized for camping, namely, motor home; Tricks for rail vehicles; Flywheels for vehicles; Vehicle windowpane damper; Wheel rings for vehicles; Dump vehicles; engines for land vehicles; Vehicles of remote control except toy; Vehicle bench in the nature of seats for multiple people; Electric vehicles; Air bladder of rubber for tire vulcanization for vehicles; Car signal blocker, in the nature of Anti-theft warning devices; Brake rubber for land vehicles; Vehicle parts, namely, brakes; Wheel ring; Rubber bushing for cars for steering and suspension systems for vehicles; Starting engine for land vehicle; Bucket trucks; Vehicle bench; Fitted covers for vehicles; Air bladder of rubber for tire vulcanization; Truck wagons; Car blocker, safety; Structural part of vehicles, namely, hose clips; Land vehicle transmission belt; Vehicle part, namely, brake; Vehicle sealing device, namely, transmission seals; Rubber bushing for cars; Motor shaft for vehicles; Structural vehicle parts, namely, connection links; Gear, vehicle component; Waxed fitted vehicle covers; Discharge pipe for vehicle; Vehicle parts, namely, electrical equipment for regulating rear-view mirrors; Cover for vehicle; Vehicle rear view, side view mirror; Truck wagon; Structural vehicle parts, namely, switches for headlights and turn signals; Part of vehicles, namely, hose clips; Vehicle part, namely, patches for tires; Cover for vehicles; Vehicle parts, namely, electrical or mechanical actuator lifts for door windows; Vehicle commands; Springs for safety locks of the hood of the automobile; Converter catalytic to automobile; Bicycle carrier for vehicles; Vehicle transmission belt; Ski holder for vehicles; Vehicle current; Security systems for vehicles; Vehicle sealing device; Automotive fiberglass and plastic spoilers; Motor shaft for vehicle; Part of vehicles, namely, brake drums; Vehicles part, namely, connection links; Urban public transport vehicle, namely, trolley bussport vehicle; Waxed vehicle cover; Vehicle glass, namely, glass windows for vehicles; Vehicle exhaust; Vehicle mirror; Eccentric, piece of vehicle part of a machine that rotates around a point outside its geometric center and which, therefore, transforms a rotating movement into another of different nature; Switch for Headlight and arrow for vehicle; Oil and fuel filter for vehicles; Vehicle part, namely, patches; Vehicle part, namely, electrical or mechanical actuator lift of the glass of the door; Rubber part used as protection of the air bag in the process of reforming tires; Rubber part used to protect the bag of air in the process of reforming tires; Silencers for vehicles; Automotive fiber and plastic spoilers; Electric vehicle, vehicle hood; Spark plugs for cars; Vehicle glassClass 012 for Cigarette lighters for automobiles; Automobile safety devices, namely, Airbags; Anti theft alarm for vehicles; Reverse gear alarms for vehicles; Ambulances; Shock absorbers for automobiles; Shock absorbers for suspension of vehicles; Wheel axle rings for vehicles; Anti-theft devices for vehicles; Head restraints for vehicle seats; Rims for vehicle wheels; Child safety seats for vehicles; Seats for vehicles; Trailer tow bar for vehicles; Automobiles; Treadmill to retread vehicle tires; Crankshafts for land vehicles, except engine parts; Vehicle accessories, namely, air pumps; Horns for vehicles; Gearboxes for land vehicles; Vehicle wheel caps; Trucks; Covers for steering wheels of vehicles; Car hoods; Motor vehicle hoods; Vehicle hoods; Dump Trucks; tipping buckets trucks; Cars; Sports cars; Motor vehicles, namely, two-wheeled motor vehicles, four-wheeled motor vehicles, electrically-powered motor vehicles; trailers for bicycles and tricycles not being toys; Car chassis; Vehicle chassis; Seat belts for vehicle seats; Hydraulic circuits for vehicles; Fitted covers for vehicles; Counterweights for vehicle wheels; Torque converters for land vehicles; Non-slip chains for vehicles; Command chains for land vehicles; Transmission chains for land vehicles; Chains for tires for use with cars; Transmission shafts for land vehicles; Axles for vehicle wheels; Drive shafts for land vehicles; Clutches for land vehicles; Engines for land vehicles; Gearing for land vehicles; Reduction gears for land vehicles; Rearview mirrors; Car upholstery; Stirrups for vehicles; Brakes for vehicles; Vehicles, namely, vans; Shaft spindles for vehicles; Windows for vehicles; Headlight cleaners being parts of vehicles; Windshield wipers; Canvas roofing for vehicles that is removable; pneumatic; Brake linings for vehicles; Directional lights for vehicles; Propulsion mechanisms for land vehicles; Shock absorbing springs for vehicles; Suspension springs for vehicles; Traction motors for vehicles; Electric motors for land vehicles; Buses; Parts of land vehicles, namely, body lift panel; Automobile windshields; Vehicle bumpers; Shock absorbers for automobiles; Mudguards; Parasols adapted for cars; Brake pads for vehicles; Tires; Tires for vehicle wheels; Solid tires for wheels of land vehicles; Luggage rack for vehicles; Car skis in the nature of skis adapted to be installed in cars; Doors for vehicles; Patches to repair tire tubes; Vehicle wheels; Free wheels for land vehicles; Bearings of cylinders for vehicles; Brake shoes for vehicles; Vehicles, namely, motor scooters; Brake segments for vehicles; Side cars; Spoilers for vehicles; Covers for gasoline tanks of vehicles; Trailers, caravan; Trailers; Transmissions for land vehicles; Turbines for land vehicles; Valves for vehicle tires; Dump vehicles, namely, dump trucks; Remotely-operated vehicles not being toys, namely, cars; Electric vehicles, namely, cars, bicycles, scooters; Vehicles motorized for camping, namely, motor home; Flywheels for vehicles; Vehicle windowpane damper; Wheel rings for vehicles; engines for land vehicles; Vehicle bench in the nature of seats for multiple people; Air bladder of rubber for tire vulcanization for vehicles; Car signal blocker, in the nature of Anti-theft warning devices; Brake rubber for land vehicles; Vehicle parts, namely, brakes; Rubber bushing for cars for steering and suspension systems for vehicles; Bucket trucks; Fitted covers for vehicles; Truck wagons; Structural part of vehicles, namely, hose clips; Land vehicle transmission belt; Vehicle sealing device, namely, transmission seals; Motor shaft for vehicles; Structural vehicle parts, namely, connection links; Waxed fitted vehicle covers; Vehicle parts, namely, electrical equipment for regulating rear-view mirrors; Vehicle rear view, side view mirror; Structural vehicle parts, namely, switches for headlights and turn signals; Vehicle part, namely, patches for tires; Vehicle parts, namely, electrical or mechanical actuator lifts for door windows; Springs for safety locks of the hood of the automobile; Bicycle carrier for vehicles; Ski holder for vehicles; Security systems for vehicles; Automotive fiberglass and plastic spoilers; Part of vehicles, namely, brake drums; Urban public transport vehicle, namely, trolley bussport vehicle; Vehicle glass, namely, glass windows for vehicles
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 [ Brazil application number __________ filed __________ ]. 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 [ Brazil registration number 904943569 registered 06/23/2015 with a renewal date of __________ and an expiration date of 06/23/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Trade by any means of apparatus for locomotion by earth, air or water; Trade by any means of lubricants; Trade by any means of parts and parts of apparatus for locomotion by land, air or Water; Trade by any means of parts and components of vehicles; Trade by any means of vehicles; Sale and licensing of Franchising, in the case of business administration in franchising; Franchising company which has a registered trademark, the patented production or similar rights grants to other license or use of those marks or certain conditions business administration; Franchise management
Original Filing Basis:
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[ Brazil application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Brazil registration number 904943623 registered 10/20/2015 with a renewal date of __________ and an expiration date of 10/20/2025 ], 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.

Proposed:
Tracked Text Description: Trade by any means of apparatus for locomotion by earth, air or water; Retail store services featuring motor vehicles, electric vehicles, vehicle parts and accessories; Trade by any means of lubricants; Automobile dealerships; Trade by any means of parts and parts of apparatus for locomotion by land, air or Water; Administration of the business affairs of franchises; Trade by any means of parts and components of vehicles; Franchise services, namely, offering business management assistance in the establishment and operation of automobile dealerships and retail stores featuring motor vehicles, electric vehicles, vehicle parts and accessories; Trade by any means of vehicles; Sale and licensing of Franchising, in the case of business administration in franchising; Franchising company which has a registered trademark, the patented production or similar rights grants to other license or use of those marks or certain conditions business administration; Franchise managementClass 035 for Retail store services featuring motor vehicles, electric vehicles, vehicle parts and accessories; Automobile dealerships; Administration of the business affairs of franchises; Franchise services, namely, offering business management assistance in the establishment and operation of automobile dealerships and retail stores featuring motor vehicles, electric vehicles, vehicle parts and accessories
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 [ Brazil application number __________ filed __________ ]. 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 [ Brazil registration number 904943623 registered 10/20/2015 with a renewal date of __________ and an expiration date of 10/20/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Tire balancing; Upholstery repair; Vehicle washing; Vehicle cleaning; Lubrication of vehicles; Vehicle maintenance; Car maintenance and repair; Vehicle polishing; Tire retreading; Reconditioning of worn or partially destroyed engines; Vehicle repair service; Suppression of interference in electrical appliances; Antioxidant treatment for vehicles; Vulcanization of tires, namely, repair; Installation and repair of air conditioners; Installation and maintenance of electrical installations; Installation and maintenance of hydraulic installations; Vehicle diagnostic center services, car maintenance and repair services; Vehicle battery charging; Advice, advice and information on repair and maintenance of vehicles; Tube repair; Car roof repair; Vehicle dealer, vehicle repair and service; Vehicle stereo repair; Car radio repair; Conversion of vehicles to gasoline for natural gas; Installation of vehicle stereo; Installation and repair of air conditioning, including vehicle; Vehicle alarm installation and repair
Original Filing Basis:
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[ Brazil application number 916123383 filed 10/22/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Brazil registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], 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.

Proposed:
Tracked Text Description: Tire balancing; ire balancing; Upholstery repair; Vehicle washing; Vehicle cleaning; Lubrication of vehicles; Vehicle maintenance; car maintenance and repair; Vehicle polishing; Tire retreading; Reconditioning of worn or partially destroyed engines; Vehicle repair service; Vehicle repair services; Suppression of interference in electrical appliances; Maintenance services, namely, suppression of interference in electrical appliances; Antioxidant treatment for vehicles; Antioxidant treatment services for vehicles; Vulcanization of tires, namely, repair; Vulcanization of tires, namely, repair thereof; Installation and repair of air conditioners; Installation and maintenance of electrical installations; Installation and maintenance of hydraulic installations; Vehicle diagnostic center services, car maintenance and repair services; Vehicle battery charging; Advice, advice and information on repair and maintenance of vehicles; Advice and information on repair and maintenance of vehicles; Tube repair; Vehicle tire tube repair services; Car roof repair; Car roof repair services; Vehicle dealer, vehicle repair and service; Vehicle stereo repair services; Vehicle stereo repair; Car radio repair services; Car radio repair; Installation of vehicle stereos; Conversion of vehicles to gasoline for natural gas; Installation and repair of air conditioning for vehicles; Installation of vehicle stereo; Vehicle alarm installation and repair services; Installation and repair of air conditioning, including vehicle; Vehicle alarm installation and repairClass 037 for ire balancing; Upholstery repair; Vehicle washing; Vehicle cleaning; Lubrication of vehicles; Vehicle maintenance; car maintenance and repair; Vehicle polishing; Tire retreading; Reconditioning of worn or partially destroyed engines; Vehicle repair services; Maintenance services, namely, suppression of interference in electrical appliances; Antioxidant treatment services for vehicles; Vulcanization of tires, namely, repair thereof; Installation and repair of air conditioners; Installation and maintenance of electrical installations; Installation and maintenance of hydraulic installations; Vehicle diagnostic center services, car maintenance and repair services; Vehicle battery charging; Advice and information on repair and maintenance of vehicles; Vehicle tire tube repair services; Car roof repair services; Vehicle stereo repair services; Car radio repair services; Installation of vehicle stereos; Installation and repair of air conditioning for vehicles; Vehicle alarm installation and repair services
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 [ Brazil application number 916123383 filed 10/22/2018]. 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 [ Brazil registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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.

The applicant's current attorney information: Vivian Ortiz-Ponce. Vivian Ortiz-Ponce, is located at

      P.O. BOX 9024163
      SAN JUAN, Puerto Rico 00902-4163
      US

The phone number is 787-722-4450.

The fax number is 787-725-3144.

The email address is mail@marcas-estadosunidos.com

The applicants proposed attorney information: Vivian Ortiz-Ponce. Vivian Ortiz-Ponce, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P.O. BOX 9024163
      SAN JUAN, 00902-4163
      Puerto Rico

The phone number is 787-722-4450.

The fax number is 787-725-3144.

The email address is mail@marcas-estadosunidos.com

Vivian Ortiz-Ponce submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: Vivian Ortiz-Ponce. Vivian Ortiz-Ponce, is located at

      P.O. BOX 9024163
      SAN JUAN, Puerto Rico 00902-4163
      US

The phone number is 787-722-4450.

The fax number is 787-725-3144.

The email address is mail@marcas-estadosunidos.com; serviciosmarcarios@yahoo.com

The applicants proposed correspondence information: Vivian Ortiz-Ponce. Vivian Ortiz-Ponce, is located at

      P.O. BOX 9024163
      SAN JUAN, 00902-4163
      Puerto Rico

The phone number is 787-722-4450.

The fax number is 787-725-3144.

The email address is mail@marcas-estadosunidos.com; arturo@perezguerrero.com; serviciosmarcarios@yahoo.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a red, white and black circle with a gray outer border inside of which appears a black lightning bolt design with a white outer border. At the right side of the design appears the wording DIGIPOWER in black stylized letters.

Miscellaneous Statement
Applicant submits that the foreign application in Class 37 was granted on June 11, 2019, but the certificate of registration is not yet available. Applicant respectfully requests that this application be suspended to allow Applicant time to receive the registration certificate and proceed to translate and submit the same. Respectfully submitted.


SIGNATURE(S)
Response Signature
Signature: /Vivian Ortiz-Ponce/     Date: 08/05/2019
Signatory's Name: Vivian Ortiz-Ponce
Signatory's Position: Applicant's attorney, Puerto Rico Bar Member

Signatory's Phone Number: 787-722-3446

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.

Mailing Address:    Vivian Ortiz-Ponce
   
   
   P.O. BOX 9024163
   SAN JUAN, Puerto Rico 00902-4163
Mailing Address:    Vivian Ortiz-Ponce
   P.O. BOX 9024163
   SAN JUAN, 00902-4163
        
Serial Number: 88169425
Internet Transmission Date: Mon Aug 05 20:43:15 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201908052043157
25055-88169425-610129cc925b617c1b4215ee8
18eefe88959384e67610506dac204364729ef962
-N/A-N/A-20190805202951986009