NOTE TO THE FILE
SERIAL NUMBER: 88303327
DATE: 06/04/2019
NAME: jmoscati
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
X phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:From: Harry Ray
To: Moscati, Justin
Subject: RE: Examiner"s Amendments for POWER TORQUE (88/303,315) and SUPERSTART (88/303,327)
Date: Tuesday, June 04, 2019 11:16:32 AM
Thanks, Justin.
Please proceed with the EA. The client just approved.
Best regards.
Harry
Harry B. Ray
Ray Law Firm, PLLC
6150 Shallowford Road, Suite 105
Chattanooga, TN 37421
Phone: 423.693.0160
Direct: 423.693.0159
Fax: 423.693.0155
www.hbrlaw.com | www.BuyingGroups.com
Confidentiality Notice: This e-mail message, including attachments, is for the sole use of the
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From: Moscati, Justin <Justin.Moscati@USPTO.GOV>
Sent: Tuesday, June 4, 2019 10:56 AM
To: Harry Ray <hbr@hbrlaw.com>
Subject: RE: Examiner's Amendments for POWER TORQUE (88/303,315) and SUPERSTART
(88/303,327)
Harry,
Thank you, that looks acceptable. Let me know if we are a go for this language and I will complete
the EA. Thank you!
Justin
Justin R. Moscati
Attorney Advisor, Law Office 127
United States Patent and Trademark Office
Justin.Moscati@uspto.gov
(571) 272-6305
From: Harry Ray [mailto:hbr@hbrlaw.com]
Sent: Tuesday, June 04, 2019 10:45 AM
To: Moscati, Justin <Justin.Moscati@USPTO.GOV>
Subject: RE: Examiner's Amendments for POWER TORQUE (88/303,315) and SUPERSTART
(88/303,327)
Justin,
Now that I see it writing, I don’t think my addition of the term “and components” adds anything,
since it is now modifying the term “terminals of batteries”. I thought we were talking surfaces of
land vehicles when I made that suggestion. So I suggest I take this wording to my client:
In International Class 003, “Preparations for cleaning, protecting, and preserving surfaces of
terminals of batteries for land vehicles, lawn and garden equipment, industrial machinery, farm
equipment, and marine vessels, namely, spray cleaners and protectants; automotive battery terminal
service kits, consisting of a battery cleaner spray, battery terminal protection spray, battery terminal
protector pads, and a battery terminal brush.” See TMEP §§1402.01, 1402.01(e).
The only difference is that I deleted the term “and components.”
Please confirm and I will send it to my client immediately.
Thanks.
Harry
Harry B. Ray
Ray Law Firm, PLLC
6150 Shallowford Road, Suite 105
Chattanooga, TN 37421
Phone: 423.693.0160
Direct: 423.693.0159
Fax: 423.693.0155
www.hbrlaw.com | www.BuyingGroups.com
Confidentiality Notice: This e-mail message, including attachments, is for the sole use of the
intended recipient(s) and may contain confidential or privileged information. If you are not the
intended recipient, please notify the sender by reply e-mail, delete this transmission and any
attachments immediately, and destroy all copies. Any unauthorized review, use, disclosure or
distribution is prohibited.
From: Moscati, Justin <Justin.Moscati@USPTO.GOV>
Sent: Tuesday, June 4, 2019 10:31 AM
To: Harry Ray <hbr@hbrlaw.com>
Subject: RE: Examiner's Amendments for POWER TORQUE (88/303,315) and SUPERSTART
(88/303,327)
Good morning, Harry,
Below is the new language for the ID in Class 003:
The identification of goods is amended to read as follows:
In International Class 003, “Preparations for cleaning, protecting, and preserving surfaces and
components of terminals of batteries for land vehicles, lawn and garden equipment, industrial
machinery, farm equipment, and marine vessels, namely, spray cleaners and protectants; automotive
battery terminal service kits, consisting of a battery cleaner spray, battery terminal protection spray,
battery terminal protector pads, and a battery terminal brush.” See TMEP §§1402.01, 1402.01(e).
Please let me know if this is acceptable and I will send the Examiner’s Amendment today.
Thank you.
Justin
Justin R. Moscati
Attorney Advisor, Law Office 127
United States Patent and Trademark Office
Justin.Moscati@uspto.gov
(571) 272-6305
From: Harry Ray [mailto:hbr@hbrlaw.com]
Sent: Monday, May 13, 2019 8:04 AM
To: Moscati, Justin <Justin.Moscati@USPTO.GOV>
Subject: RE: Examiner's Amendments for POWER TORQUE (88/303,315) and SUPERSTART
(88/303,327)
Justin,
My apologies for the oversight. I believe we have now paid for the three classes, per the attached
filing receipt.
I presume we are now good to go on both the SUPER START and the POWER TORQUE applications.
I hope you had a great vacation.
Best regards.
Harry
Harry B. Ray
Ray Law Firm, PLLC
6150 Shallowford Road, Suite 105
Chattanooga, TN 37421
Phone: 423.693.0160
Direct: 423.693.0159
Fax: 423.693.0155
www.hbrlaw.com | www.BuyingGroups.com
Confidentiality Notice: This e-mail message, including attachments, is for the sole use of the
intended recipient(s) and may contain confidential or privileged information. If you are not the
intended recipient, please notify the sender by reply e-mail, delete this transmission and any
attachments immediately, and destroy all copies. Any unauthorized review, use, disclosure or
distribution is prohibited.
From: Moscati, Justin <Justin.Moscati@USPTO.GOV>
Sent: Monday, May 13, 2019 6:17 AM
To: Harry Ray <hbr@hbrlaw.com>
Subject: RE: Examiner's Amendments for POWER TORQUE (88/303,315) and SUPERSTART
(88/303,327)
Good morning, Harry,
Thank you for adding the specimen for SUPER SET in Class 009 and the specimens for POWER
TORQUE. However, you have not yet submitted payment for the three additional classes on POWER
TORQUE per my last email. Once you submit payment for each of the added classes, I can make
them active and move the application forward toward registration.
Thank you.
Sincerely,
Justin
Justin R. Moscati
Attorney Advisor, Law Office 127
United States Patent and Trademark Office
Justin.Moscati@uspto.gov
(571) 272-6305
From: Moscati, Justin
Sent: Friday, May 03, 2019 6:52 AM
To: Harry Ray <hbr@hbrlaw.com>
Subject: RE: Examiner's Amendments for POWER TORQUE (88/303,315) and SUPERSTART
(88/303,327)
Good morning, Harry,
This all looks great and I have made the changes to the extent that I am able. Just a couple points of
clarification on these applications.
POWER TORQUE:
I entered the disclaimer and added the classes but this must be an Examiner’s Amendment and
Priority Action because I cannot add the specimens or enter payments for the additional classes. You
will see in the EA/PA where to go to add the specs you provided and pay for the additional classes.
SUPERSTART:
Similarly, I cannot add the new specimens for class 009. You will see in the EA/PA where to upload
the new specimens.
I will give you a call later today to follow up to make sure we are on the same page.
Thank you.
Sincerely,
Justin
Justin R. Moscati
Attorney Advisor, Law Office 127
United States Patent and Trademark Office
Justin.Moscati@uspto.gov
(571) 272-6305
From: Harry Ray [mailto:hbr@hbrlaw.com]
Sent: Thursday, May 02, 2019 4:20 PM
To: Moscati, Justin <Justin.Moscati@USPTO.GOV>
Subject: Examiner's Amendments for POWER TORQUE (88/303,315) and SUPERSTART (88/303,327)
Importance: High
Justin,
I have responses for you regarding the subject applications.
POWER TORQUE—
1. We are ok with disclaiming exclusive rights to the word TORQUE.
2. We also agree with your proposal to create three new classes for this application which would
include the following goods:
a. Class 17 hydraulic hoses made of rubber and plastic Date of first use is at least as early
as July 31, 2014. Specimen is attached.
b. Class 7 electromagnetic solenoids Date of first use is at least as early as December 31,
2013. Specimen is attached.
c. Class 9 electric wire repair harness. Date of first use is at least as early as June 30,
2012. Specimen is attached.
SUPERSTART
1. We learned that all of the cleaner and protectants are sprays and that it is important to the
client to keep the word “terminal” in the description. We also learned that these products
can used for just about any type of battery that has terminals, not just for car batteries. So
we propose to amend the description as follows for Class 3: Spray cleaners and protectants
for terminals of batteries of land vehicles, lawn and garden equipment, industrial machinery,
farm equipment, and marine vessels.
2. We are fine with moving the words “automotive battery terminal service kits, consisting of a
battery cleaner spray, battery terminal protection spray, battery terminal protector pads, and
a battery terminal brush” to Class 3. Attached are two specimens for Class 9. Please feel free
to use just one of them, if you prefer.
Please let us know if you need anything further for these two applications. An e-mail regarding the
other three applications we discussed, will follow.
Best regards.
Harry
Harry B. Ray
Ray Law Firm, PLLC
6150 Shallowford Road, Suite 105
Chattanooga, TN 37421
Phone: 423.693.0160
Direct: 423.693.0159
Fax: 423.693.0155
www.hbrlaw.com | www.BuyingGroups.com
Confidentiality Notice: This e-mail message, including attachments, is for the sole use of the
intended recipient(s) and may contain confidential or privileged information. If you are not the
intended recipient, please notify the sender by reply e-mail, delete this transmission and any
attachments immediately, and destroy all copies. Any unauthorized review, use, disclosure or
distribution is prohibited.