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. 88385482 BASK(Standard Characters, see http://uspto.report/TM/88385482/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Marine safety products, namely, monitoring and detection systems comprising a communicating pile light assembly having an electrical system with a controller assembly, and further having a gateway/controller system, a local interface device and at least one sentinel, whereby the sentinel has transmitting circuitry to transmit specific event information to a nearest and/or respective communicating pile light assembly, which relays the transmitted specific event information to the gateway/controller system, which deciphers then notices the local interface device; and retracting cleats comprising a power cleat system having a cleat assembly, a cleat base assembly, a backer plate assembly, a guide assembly, and an actuating system to elevate and retract the cleat assembly from the cleat base assembly, and a power cleat system having a cleat assembly, a cleat base assembly, a backer plate assembly, a cylinder assembly, and a guide support assembly, whereby the power cleat systems further have a bezel gasket assembly, and an electrical assembly that has a light source to illuminate the cleat assembly and/or the cleat base assembly
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.

Proposed:
Tracked Text Description: Marine safety products, namely, monitoring and detection systems comprising a communicating pile light assembly having an electrical system with a controller assembly, and further having a gateway/controller system, a local interface device and at least one sentinel, whereby the sentinel has transmitting circuitry to transmit specific event information to a nearest and/or respective communicating pile light assembly, which relays the transmitted specific event information to the gateway/controller system, which deciphers then notices the local interface device; Marine safety products, namely, electrical lighting system comprised of security lights for outdoor use contained within a communicating piling light assembly having a controller for monitoring and detecting motion on docks, piers and marinas and ultimate transmission of specific event information.; and retracting cleats comprising a power cleat system having a cleat assembly, a cleat base assembly, a backer plate assembly, a guide assembly, and an actuating system to elevate and retract the cleat assembly from the cleat base assembly, and a power cleat system having a cleat assembly, a cleat base assembly, a backer plate assembly, a cylinder assembly, and a guide support assembly, whereby the power cleat systems further have a bezel gasket assembly, and an electrical assembly that has a light source to illuminate the cleat assembly and/or the cleat base assemblyClass 009 for Marine safety products, namely, electrical lighting system comprised of security lights for outdoor use contained within a communicating piling light assembly having a controller for monitoring and detecting motion on docks, piers and marinas and ultimate transmission of specific event 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.

Applicant proposes to amend the following:
Current: Class 011 for Outdoor automated mist system for insect and pest control comprising a pump, container, lines, and hoses; do-it-yourself pest control systems comprising a pump, container, lines, and hoses; larvicide dispensing systems for outdoor standing water comprising a pump, container, lines, and hoses; rodent repelling lighting systems comprising lighting for attics, garages and outdoor areas; insect attracting lighting systems comprising lighting for attics, garages and outdoor areas; marine dock lighting system comprising lighting systems mounted onto dock piles docks, piers, and marinas
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.

Proposed:
Tracked Text Description: Outdoor automated mist system for insect and pest control comprising a pump, container, lines, and hoses; Outdoor automated mist system for insect and pest control comprising a pump, controller, spray nozzles, liquid reservoir and connecting lines and hoses; do-it-yourself pest control systems comprising a pump, container, lines, and hoses; do-it-yourself pest control system comprising a pump, controller, spray nozzles, liquid reservoir and connecting lines and hoses; larvicide dispensing systems for outdoor standing water comprising a pump, container, lines, and hoses; larvicide dispensing systems for outdoor standing water comprising a pump, controller, spray nozzles, liquid reservoir and connecting lines and hoses; rodent repelling lighting systems comprising lighting for attics, garages and outdoor areas; rodent repelling lighting systems comprising lighting installations for attics, garages and outdoor areas; insect attracting lighting systems comprising lighting for attics, garages and outdoor areas; insect attracting lighting systems comprising lighting installations for attics, garages and outdoor areas; marine dock lighting system comprising lighting systems mounted onto dock piles docks, piers, and marinas; marine dock lighting system comprising lighting fixtures mounted onto dock piles, docks, piers, and marinasClass 011 for Outdoor automated mist system for insect and pest control comprising a pump, controller, spray nozzles, liquid reservoir and connecting lines and hoses; do-it-yourself pest control system comprising a pump, controller, spray nozzles, liquid reservoir and connecting lines and hoses; larvicide dispensing systems for outdoor standing water comprising a pump, controller, spray nozzles, liquid reservoir and connecting lines and hoses; rodent repelling lighting systems comprising lighting installations for attics, garages and outdoor areas; insect attracting lighting systems comprising lighting installations for attics, garages and outdoor areas; marine dock lighting system comprising lighting fixtures mounted onto dock piles, docks, piers, and marinas
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 006 for Marine safety products, namely, retractable metal dock cleating systems comprised of retractable metal dock cleats, cleat bases, cleat backer plates and guides and electric actuators to elevate and retract the cleat assembly from the cleat base assembly; Marine safety products, namely, retractable metal dock cleating systems comprised of metal dock cleats, cleat bases, cleat backer plates, cylinders, guide supports and bezel gaskets with electrical lighting fixtures to illuminate the cleat assembly and cleat base assembly.
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ZAP Mosquito Solutions Inc., a corporation of Florida, having an address of
      13442 SW 131 Street
      Miami, Florida 33186
      United States

Proposed: ZAP Mosquito Solutions Inc., a corporation of Florida, having an address of
      13442 SW 131 Street
      Miami, Florida 33186
      United States
      Email Address: XXXX
Correspondence Information (current):
      Albert Bordas, Esq
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@bordasiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): albert@bordasiplaw.com

The docket/reference number is 190514.
Correspondence Information (proposed):
      Albert Bordas, Esq
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@bordasiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): albert@bordasiplaw.com

The docket/reference number is 190514.

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).

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /Albert Bordas/      Date: 03/23/2020
Signatory's Name: Albert Bordas
Signatory's Position: Attorney of Record, FL Bar member
Signatory's Phone Number: 305-669-9848


Request for Reconsideration Signature
Signature: /Albert Bordas/     Date: 03/23/2020
Signatory's Name: Albert Bordas
Signatory's Position: Attorney of Record, FL Bar member

Signatory's Phone Number: 305-669-9848

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:    Albert Bordas, Esq
   Albert Bordas, P.A.
   Suite 705
   5975 Sunset Drive
   Miami, Florida 33143
Mailing Address:    Albert Bordas, Esq
   Albert Bordas, P.A.
   Suite 705
   5975 Sunset Drive
   Miami, Florida 33143
        
RAM Sale Number: 88385482
RAM Accounting Date: 03/23/2020
        
Serial Number: 88385482
Internet Transmission Date: Mon Mar 23 16:03:06 ET 2020
TEAS Stamp: USPTO/RFR-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXX:XXXX-20200323160306200361-88385482-7
107913aeb41e581343f0977763517c99e4c8fa69
22cdfe2ffbc3ae93d5095-CC-03043751-202003
23155722461757