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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88264548 BATTERYTRAK(Standard Characters, see http://uspto.report/TM/88264548/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable software in the nature of a mobile application for a portable computing device for displaying battery information such as health indicators and identifying information; downloadable software in the nature of a mobile application for a portable computing device that functions with an accessory, the mobile application being configured for displaying battery information such as health indicators and identifying information; downloadable software in the nature of a mobile application for a portable computing device, the mobile application being configured for displaying information about the accessory in the nature of battery information such as health indicators and identifying information; downloadable software in the nature of a mobile application for a portable computing device for reporting information about the accessory to a remote server, the information being in the nature of battery information such as health indicators and identifying information
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.

In International Class 009, the mark was first used at least as early as 02/17/2020 and first used in commerce at least as early as 02/17/2020.


Proposed:
Class 009 for Downloadable software in the nature of a mobile application for a portable computing device for displaying battery information such as health indicators and identifying information; downloadable software in the nature of a mobile application for a portable computing device that functions with an accessory, the mobile application being configured for displaying battery information such as health indicators and identifying information; downloadable software in the nature of a mobile application for a portable computing device, the mobile application being configured for displaying information about the accessory in the nature of battery information such as health indicators and identifying information; downloadable software in the nature of a mobile application for a portable computing device for reporting information about the accessory to a remote server, the information being in the nature of battery information such as health indicators and identifying information

Deleted Filing Basis: 1(b)
In International Class 009, the mark was first used at least as early as 02/17/2020 . and first used in commerce at least as early as 02/17/2020 .

Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of Screenshot of iPhone App Store URL: http://apps.apple.com/us/app/batterytrak/id1475832967 Date accessed: February 17, 2020.
"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].
Original PDF file:
SPU0-10777199195-20200930 114042694326_._3271-3-031 _Specimen_30Sep2020.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Correspondence Information (current):
      Thomas M. Hardman
      PRIMARY EMAIL FOR CORRESPONDENCE: patent@rqn.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 3271-3-031.
Correspondence Information (proposed):
      Thomas M. Hardman
      PRIMARY EMAIL FOR CORRESPONDENCE: patent@rqn.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 3271-3-031.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Thomas M. Hardman/      Date: 09/30/2020
Signatory's Name: Thomas M. Hardman
Signatory's Position: Attorney of record, Utah bar member
Signatory's Phone Number: 8013233307


Response Signature
Signature: /Thomas M. Hardman/     Date: 09/30/2020
Signatory's Name: Thomas M. Hardman
Signatory's Position: Attorney of record, Utah bar member

Signatory's Phone Number: 80132333307

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:    Thomas M. Hardman
   RAY QUINNEY & NEBEKER
   
   36 SOUTH STATE STREET, SUITE 1400
   SALT LAKE CITY, Utah 84111
Mailing Address:    Thomas M. Hardman
   RAY QUINNEY & NEBEKER
   36 SOUTH STATE STREET, SUITE 1400
   SALT LAKE CITY, Utah 84111
        
Serial Number: 88264548
Internet Transmission Date: Wed Sep 30 11:57:49 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202009301157490
13942-88264548-7507bfe813fe471f483d42fa0
cb6009dd5427badbf239ae77d4ccb9e1a8f11cbf
-N/A-N/A-20200930114042694326