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. 88400269 SPLICE(Standard Characters, see http://uspto.report/TM/88400269/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 battery backup system having battery monitoring and charging capabilities
Original Filing Basis:
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: battery backup system having battery monitoring and charging capabilities; battery backup system having battery monitoring and charging capabilities comprised primarily of batteries, charge controllers, and invertersClass 009 for battery backup system having battery monitoring and charging capabilities comprised primarily of batteries, charge controllers, and inverters
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
1. Do the goods contain wires? YES 2. Do the goods contain cables? YES 3. Do the goods contain cable splices? NO 4. Do the goods contain parts that can be spliced? NO, the product is not designed to be sliced and, as such, it should not be spliced. 5. Do the goods receive wires or cables that are spliced? NO 6. Do the goods aid in splicing? NO 7. Does "splice" have any significance in applicant's trade or industry or as applied to applicant's goods? NO 8. Is "splice" a "term of art" within applicant's industry? NO

Original PDF file:
mis-20878174248-20190715163337537889_._19-903_Photo_for_response.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1

SIGNATURE(S)
Response Signature
Signature: /David M. Frischkorn/     Date: 07/15/2019
Signatory's Name: David M. Frischkorn
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 312-913-2143

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88400269
Internet Transmission Date: Mon Jul 15 16:53:53 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201907151653531
84490-88400269-6207f73dc99903c6f6c917476
a585c28bdccd9fac3d454429ddbe772d65fabaaa
3-N/A-N/A-20190715163337537889