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. 88478501 MUCUBE(Standard Characters, see http://uspto.report/TM/88478501/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In the Office Action having a mailing date of September 17, 2019, the Examining Attorney required (i) Applicant enter certain amendments to the goods identified in Classes 7 and 9, (ii) Applicant provide further information regarding the significance or meaning of the wording "MUCUBE", "MU" and/or "CUBE" appearing in the mark, (iii) Applicant clarify its entity type and (iv) Applicant provide a true copy, photocopy, certification, or certified copy of the foreign registration from Applicant's country of origin. Applicant responds to each item raised as follows:

Amendments to Classes 7 and 9

Applicant amends certain of the goods in Classes 7 and 9 as provided in the applicable portion of the form herein. Additionally, Applicant respectfully requests the Examining Attorney reconsider the requirement to amend the following goods identified in Classes 7 and 9 and consider the same identifications which have been accepted by the Office in the case of U.S. Registration No. 5,975,022 for "AFS" also in the name of the Applicant and identifying goods in Classes 7 and 9. See TSDR records and the registration certificate for U.S. Registration No. 5,975,022 attached hereto. In consideration of U.S. Registration No. 5,975,022, Applicant respectfully requests the Examining Attorney reconsider the following identifications in Classes 7 and 9 of the present application:

Class 7:

"fluid controllers for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence"

"fluid measurement apparatus for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence"

"concentration controllers for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence"

"concentration meters for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence"

"concentration monitors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence"

"concentration sensors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence"

"fluid flow sensors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence"

Class 9:

"concentration meters"

Significance or Meaning of the Wording "MUCUBE", "MU" and/or "CUBE" Appearing in the Mark

Applicant enters a statement that the wording "MUCUBE", "MU" and "CUBE" have no meaning or significance in Applicant's trade or industry as provided in the applicable portion of the form herein. Additionally, Applicant provides the following further information:

(1) Does “MU” or the Greek letter “μ” have any meaning with respect to the applicant’s goods?

The "MU" or the Greek letter “μ” do not have any meaning with respect to Applicant's goods.

(2) Is “MU” or the Greek letter “μ” descriptive with respect to the applicant’s goods?

The "MU" or the Greek letter “μ” are not descriptive with respect to Applicant's goods.

(3) Does “CUBE” have any meaning with respect to the applicant’s goods?

The wording "CUBE" does not have any meaning with respect to Applicant's goods.

(4) Is “CUBE” descriptive with respect to the applicant’s goods?

The wording "CUBE" is not descriptive with respect to Applicant's goods.

(5) What is the meaning of “MUCUBE?”

The wording "MUCUBE" does not have any meaning.

(6) Is “MUCUBE” a coined term?

The wording "MUCUBE" is a coined term.

Entity

Applicant clarifies its entity type as "kabushiki kaisha" as provided in the applicable portion of the form herein.

Foreign Registration Certificate

Applicant provides a true copy, photocopy, certification or certified copy of the foreign registration certificate from Applicant's country of origin as provided herein. Also, Applicant has submitted a request to delete the 1(b) filing basis on the assumption that the foreign registration certificate submitted will be accepted for 44(e) filing basis. If for any reason, the foreign registration certificate is insufficient for the 44(e) filing basis, Applicant requests the 1(b) filing basis be reinstated.

It is now believed that the case is in condition for publication and such action is hereby respectfully requested. Should the Examining Attorney have any questions regarding the foregoing, please contact the undersigned at (303) 863-9700.

EVIDENCE
Evidence in the nature of TSDR records and registration certificate for U.S. Registration No. 5,975,022 has been attached.
Original PDF file:
evi_5023923450-20200306115359605241_._U.S._Reg._No._5975022.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 007 for Machines and parts for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; all-purpose controllers for modules used for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; automatic controllers for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; controllers to control devices incorporated in machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; data recording apparatus for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; data transmitting apparatus for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid controllers for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid measurement apparatus for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid flow controllers for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid flow meters for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; concentration controllers for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; concentration meters for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; concentration monitors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; concentration sensors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid flow sensors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; pressure controllers for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; pressure meters for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; pressure sensors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2018-158699 filed 12/21/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Machines and parts for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; Machines and structural parts therefor for manufacturing semiconductors, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; all-purpose controllers for modules used for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; all-purpose electrical controllers for modules being structural parts of machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; automatic controllers for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; automatic electrical controllers for modules being structural parts of machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; controllers to control devices incorporated in machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; electric controllers to control devices incorporated in machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; data recording apparatus for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; data recording apparatus being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; data transmitting apparatus for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; data transmitting apparatus being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid controllers for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid measurement apparatus for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid flow controllers for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid flow controllers being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid flow meters for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid flow meters being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; concentration controllers for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; concentration meters for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; concentration monitors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; concentration sensors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid flow sensors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; pressure controllers for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; pressure controllers being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; pressure meters for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; pressure meters being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; pressure sensors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; pressure sensors being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescenceClass 007 for Machines and structural parts therefor for manufacturing semiconductors, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; all-purpose electrical controllers for modules being structural parts of machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; automatic electrical controllers for modules being structural parts of machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; electric controllers to control devices incorporated in machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; data recording apparatus being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; data transmitting apparatus being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid controllers for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid measurement apparatus for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid flow controllers being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid flow meters being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; concentration controllers for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; concentration meters for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; concentration monitors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; concentration sensors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; fluid flow sensors for use with machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; pressure controllers being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; pressure meters being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence; pressure sensors being structural parts of machines for machines for manufacturing semiconductor, solar cell, light emitting diode, display, liquid crystal and organic electroluminescence
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number 2018-158699 filed 12/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 6200389 registered 11/22/2019 with a renewal date of __________ and an expiration date of 11/22/2029 ], 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.
Original PDF file:
FRU0-5023923450-115852538_._Reg._Certificate_JPTM6200389_MuCube.pdf
Converted PDF file(s) ( 7 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following:
Current: Class 009 for Measuring or testing machines and instruments; fluid controllers; fluid measurement apparatus; fluid flow controllers; fluid flow meters; fluid flow sensors; concentration controllers; concentration meters; concentration monitors; concentration sensors; pressure controllers; pressure meters; pressure sensors; controllers to control fluid; automatic controllers for use in measuring fluid; automatic controllers for use in measuring fluid flow; automatic controllers for use in measuring concentration; automatic controllers for use in measuring pressure; controllers for use with electronic machines and apparatus; all-purpose controllers for modules; data recording apparatus for use in controlling fluid; data recording apparatus for use in measuring fluid; data recording apparatus for use in measuring fluid flow; data recording apparatus for measuring concentration; data recording apparatus for measuring pressure; data recording apparatus for electronic machines and apparatus; data recording apparatus for modules; data transmitting apparatus for use in controlling fluid; data transmitting apparatus for use in measuring fluid; data transmitting apparatus for use in measuring fluid flow; data transmitting apparatus for measuring concentration; data transmitting apparatus for measuring pressure; data transmitting apparatus for electronic machines and apparatus; data transmitting apparatus for modules; laboratory apparatus and instruments; power distribution or control machines and apparatus; electric or magnetic meters and testers; telecommunication machines and apparatus; wire communication machines and apparatus; wireless communication machines and apparatus; radio machines and apparatus; repeating exchange machines; remote control telemetering machines and instruments; parts and accessories for telecommunication machines and apparatus; electronic machines, apparatus and their parts; computer programs; computer peripherals
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number 2018-158699 filed 12/21/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Measuring or testing machines and instruments; Fluid flow controllers; fluid controllers; fluid flow meters; fluid measurement apparatus; fluid flow sensors; concentration controllers, namely, electronic controllers for regulating liquid or gas concentration; concentration meters; pressure controllers for controlling the pressure of liquid, sem-liquid, and gaseous substances in industrial processes; concentration controllers; pressure meters for monitoring degrees of vacuum; pressure sensors; concentration monitors; automatic controllers for use in measuring fluid flow; concentration sensors; all-purpose electrical controllers for modules; pressure controllers; data recording apparatus for use in controlling fluid; pressure meters; data recording apparatus for use in measuring fluid; data recording apparatus for use in measuring fluid flow; controllers to control fluid; data recording apparatus for measuring concentration; automatic controllers for use in measuring fluid; data recording apparatus for measuring pressure; data recording apparatus for electronic machines and apparatus; automatic controllers for use in measuring concentration; data recording apparatus for modules; automatic controllers for use in measuring pressure; data transmitting apparatus for use in controlling fluid; controllers for use with electronic machines and apparatus; data transmitting apparatus for use in measuring fluid; all-purpose controllers for modules; data transmitting apparatus for use in measuring fluid flow; data transmitting apparatus for measuring concentration; data transmitting apparatus for measuring pressure; data transmitting apparatus for electronic machines and apparatus; data transmitting apparatus for modules; power distribution or control machines and apparatus; radio machines and apparatus; remote control telemetering machines and instruments; computer peripherals; laboratory apparatus and instruments; electric or magnetic meters and testers; telecommunication machines and apparatus; wire communication machines and apparatus; wireless communication machines and apparatus; repeating exchange machines; parts and accessories for telecommunication machines and apparatus; electronic machines, apparatus and their parts; computer programsClass 009 for Fluid flow controllers; fluid flow meters; fluid flow sensors; concentration controllers, namely, electronic controllers for regulating liquid or gas concentration; concentration meters; pressure controllers for controlling the pressure of liquid, sem-liquid, and gaseous substances in industrial processes; pressure meters for monitoring degrees of vacuum; pressure sensors; automatic controllers for use in measuring fluid flow; all-purpose electrical controllers for modules; data recording apparatus for use in controlling fluid; data recording apparatus for use in measuring fluid; data recording apparatus for use in measuring fluid flow; data recording apparatus for measuring concentration; data recording apparatus for measuring pressure; data recording apparatus for electronic machines and apparatus; data recording apparatus for modules; data transmitting apparatus for use in controlling fluid; data transmitting apparatus for use in measuring fluid; data transmitting apparatus for use in measuring fluid flow; data transmitting apparatus for measuring concentration; data transmitting apparatus for measuring pressure; data transmitting apparatus for electronic machines and apparatus; data transmitting apparatus for modules; power distribution or control machines and apparatus; radio machines and apparatus; remote control telemetering machines and instruments; computer peripherals
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number 2018-158699 filed 12/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 6200389 registered 11/22/2019 with a renewal date of __________ and an expiration date of 11/22/2029 ], 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.
Original PDF file:
FRU1-5023923450-115852538_._Reg._Certificate_JPTM6200389_MuCube.pdf
Converted PDF file(s) ( 7 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: HORIBA STEC, Co., Ltd. a(n) limited company (ltd.), legally organized under the laws of Japan, having an address of
      11-5, Hokodate-cho, Kamitoba, Minami-ku
      Kyoto, 601-8116
      Japan

Proposed: HORIBA STEC, Co., Ltd., kabushiki kaisha (k.k.) legally organized under the laws of Japan, having an address of
      11-5, Hokodate-cho, Kamitoba, Minami-ku
      Kyoto, 601-8116
      Japan
      Email Address: tmowner@sheridanross.com

The owner's/holder's current attorney information: Pamela N. Hirschman. Pamela N. Hirschman of SHERIDAN ROSS P.C., is located at

      1560 BROADWAY, SUITE 1200
      DENVER, Colorado 80202
      United States
The docket/reference number is 8640HS-1.
      The phone number is 303-863-9700.
      The fax number is 303-863-0223.
      The email address is phirschman@sheridanross.com

The owner's/holder's proposed attorney information: Pamela N. Hirschman. Other appointed attorneys are Sabrina C. Stavish, Miriam D. Trudell, Sarah J. Schneider, Caroline E. Bryce, Jeanette E. Sinclare, Autumn R. Hartman, Susan K. Miller and all other attorneys of Sheridan Ross P.C.. Pamela N. Hirschman of SHERIDAN ROSS P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1560 BROADWAY, SUITE 1200
      DENVER, Colorado 80202
      United States
The docket/reference number is 8640HS-1.
      The phone number is 303-863-9700.
      The fax number is 303-863-0223.
      The email address is phirschman@sheridanross.com

Pamela N. Hirschman 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.Correspondence Information (current):
      PAMELA N. HIRSCHMAN
      PRIMARY EMAIL FOR CORRESPONDENCE: phirschman@sheridanross.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 8640HS-1.
Correspondence Information (proposed):
      Pamela N. Hirschman
      PRIMARY EMAIL FOR CORRESPONDENCE: phirschman@sheridanross.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jsinclare@sheridanross.com

The docket/reference number is 8640HS-1.

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).

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
The wording "MUCUBE", "MU" and/or "CUBE" appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


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: /Pamela N. Hirschman/      Date: 03/12/2020
Signatory's Name: Pamela N. Hirschman
Signatory's Position: Attorney of Record, Colorado bar member

Response Signature
Signature: /jeanette sinclare/     Date: 03/12/2020
Signatory's Name: Jeanette E. Sinclare
Signatory's Position: Attorney of Record, Colorado bar member

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:    PAMELA N. HIRSCHMAN
   SHERIDAN ROSS P.C.
   
   1560 BROADWAY, SUITE 1200
   DENVER, Colorado 80202
Mailing Address:    Pamela N. Hirschman
   SHERIDAN ROSS P.C.
   1560 BROADWAY, SUITE 1200
   DENVER, Colorado 80202
        
Serial Number: 88478501
Internet Transmission Date: Thu Mar 12 16:00:28 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020031216002886
5317-88478501-7101078a7b0d1c32a9bbc79576
33c48b88bd860e7551b79d28a352573ecfae4d7b
3-N/A-N/A-20200312111604546433