TEAS Request Reconsideration after FOA

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

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

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88287380 SOLAR SHUTTERS (Stylized and/or with Design, see http://uspto.report/TM/88287380/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 Solar panels for production of electricity; Solar panels for the production of electricity; Solar batteries; Solar cells; Solar wafers; Solar-powered battery chargers; Solar-powered rechargeable batteries; Apparatus for converting electronic radiation to electrical energy, namely, photovoltaic solar hybrid modules; Apparatus for converting electronic radiation to electrical energy, namely, photovoltaic solar modules; Automatic solar tracking sensors; Crystalline silicon solar cells; Photovoltaic installation apparatus, namely, solar modules for production of electricity, solar thermal and electric receivers, tracking mechanisms and concentrating optics, and control algorithms; Programmable controllers and actuators that track the sun enabling concentrating optics to maximize solar energy input; Silicon solar cell material for electricity generation incorporated into pavement materials; Thin-film solar (TFS), vertical axis wind turbine (VAWT) and Hybrid TFS VAWT off-grid power and deep cycle battery storage systems composed of batteries, charge controllers and inverters with integrated LED bulbs and LED light fixtures
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Australia registration number 1881628 registered 10/20/2017 with a renewal date of __________ and an expiration date of 10/20/2027 ], 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: Solar panels for production of electricity; Solar panels for the production of electricity; Solar batteries; Solar cells; Solar wafers; Solar-powered battery chargers; Solar-powered rechargeable batteries; Apparatus for converting electronic radiation to electrical energy, namely, photovoltaic solar hybrid modules; Apparatus for converting electronic radiation to electrical energy, namely, photovoltaic solar modules; Automatic solar tracking sensors; Crystalline silicon solar cells; Photovoltaic installation apparatus, namely, solar modules for production of electricity, solar thermal and electric receivers, tracking mechanisms and concentrating optics, and control algorithms; Programmable controllers and actuators that track the sun enabling concentrating optics to maximize solar energy input; Silicon solar cell material for electricity generation incorporated into pavement materials; Thin-film solar (TFS), vertical axis wind turbine (VAWT) and Hybrid TFS VAWT off-grid power and deep cycle battery storage systems composed of batteries, charge controllers and inverters with integrated LED bulbs and LED light fixturesClass 009 for Solar panels for production of electricity; Solar panels for the production of electricity
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number 1881628 registered 10/20/2017 with a renewal date of __________ and an expiration date of 10/20/2027 ], 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 hereby appoints Yi Wan. Yi Wan of Law Office of Yi Wan, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 800
      100 Church Street
      New York, New York 10007
      United States
to submit this Request for Reconsideration after Final Action on behalf of the applicant.
The docket/reference number is BSF9111203.

The phone number is 646-883-8008.

The email address is yi.wan@tbchadwick.com

Yi Wan submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: LYONS, MARK JACK. LYONS, MARK JACK, is located at

      6/45 CAMBRIDGE AVE, VAUCLUSE
      SYDNEY, 2030
      AU

The phone number is +61-475556319.

The email address is mjl.matrix@yahoo.com; jack@innotech.mobi

The applicants proposed correspondence information: Yi Wan. Yi Wan of Law Office of Yi Wan, is located at

      Suite 800
      100 Church Street
      New York, New York 10007
      United States
The docket/reference number is BSF9111203.

The phone number is 646-883-8008.

The email address is yi.wan@tbchadwick.com; docketing4@tbchadwick.com

ADDITIONAL STATEMENTS
Color Claim
The color(s) black and orange is/are claimed as a feature of the mark.

Description of mark
The mark consists of an orange sun design in the top left hand corner, the rays of the sun are shaped as shutter blades and feature open black circles at the center of each blade, next to the sun design are the words "SOLAR SHUTTERS" in black stylized font, the capital letters have horizontal stripes in the letters so that the letters appear to have clear horizontal gaps in each letter. The color white represents background, outlining, shading, and/or transparent, and is not claimed as a feature of the mark.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /yw/     Date: 11/12/2019
Signatory's Name: Yi Wan
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 646-883-8008

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

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

Mailing Address:    LYONS, MARK JACK
   
   
   6/45 CAMBRIDGE AVE, VAUCLUSE
   SYDNEY, 2030
Mailing Address:    Yi Wan
   Law Office of Yi Wan
   Suite 800
   100 Church Street
   New York, New York 10007
        
Serial Number: 88287380
Internet Transmission Date: Tue Nov 12 08:10:23 EST 2019
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.XXX-201911120810238
43401-88287380-7002c8901ca62fe2ca32f925a
a5daaec69a36010bbee5f772c3cb7e4a908422-N
/A-N/A-20191112080906278339