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. 88482579 INITIO(Standard Characters, see http://uspto.report/TM/88482579/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for electrical converters; electrical inverters; electrical transformers; electric capacitors; electric batteries for vehicles; electrical accumulators for vehicles; electric batteries for home energy storage; electrical accumulators for home energy storage; battery chargers; solar panels for power generation; solar batteries; electric generators using renewable sources
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: Electrical converters; electrical inverters; electrical inverters being electrical converters; electrical transformers; electric capacitors; electric batteries for vehicles; electrical accumulators for vehicles; electric batteries for home energy storage; electrical accumulators for home energy storage; battery chargers; solar panels for power generation; solar panels for power generation for production of electricity; solar batteries; electric generators using renewable sources; electric generators using renewable sources.Class 009 for Electrical converters; electrical inverters being electrical converters; electrical transformers; electric capacitors; electric batteries for vehicles; electrical accumulators for vehicles; electric batteries for home energy storage; electrical accumulators for home energy storage; battery chargers; solar panels for power generation for production of electricity; solar batteries; electric generators using renewable sources.
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 012 for Power trains for land vehicles, namely, electric drive motors, energy storage systems, charging systems, and mechatronic systems for land vehicles, namely, Motorcycles, motor scooters, other power two-wheeled motor vehicles, cars, buggies, trucks, other power four-wheeled motor vehicles
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: Power trains for land vehicles, namely, electric drive motors, energy storage systems, charging systems, and mechatronic systems for land vehicles, namely, Motorcycles, motor scooters, other power two-wheeled motor vehicles, cars, buggies, trucks, other power four-wheeled motor vehicles; Power trains for land vehicles, namely electric drive motors, energy storage systems being alternators, charging systems being alternators, and mechatronic systems for land vehicles being motor vehicle power locks, namely Motorcycles, motor scooters, other power two-wheeled motor vehicles, cars, buggies, trucks, other power four- wheeled motor vehicles.Class 012 for Power trains for land vehicles, namely electric drive motors, energy storage systems being alternators, charging systems being alternators, and mechatronic systems for land vehicles being motor vehicle power locks, namely Motorcycles, motor scooters, other power two-wheeled motor vehicles, cars, buggies, trucks, other power four- wheeled motor vehicles.
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 007 for Electric generators using renewable sources.
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: Voltu Motor Inc., a corporation of Delaware, having an address of
      440 North Wolfe Road
      Sunnyvale, California 94085
      United States

Proposed: Voltu Motor Inc., a corporation of Delaware, having an address of
      440 North Wolfe Road
      Sunnyvale, California 94085
      United States
      Email Address: gmasutti@voltumotor.com

The owner's/holder's current attorney information: Michael C. Jones. Michael C. Jones of PROCOPIO, CORY, HARGREAVES & SAVITCH LLP, is located at

      525 B STREET, SUITE 2200
      SAN DIEGO, California 92101
      United States
The docket/reference number is 12428204US01.
      The phone number is 650-645-9000.
      The fax number is 650-687-8303.
      The email address is docketing@procopio.com

The owner's/holder's proposed attorney information: Michael C. Jones. Other appointed attorneys are Mainak H. Mehta. Michael C. Jones of Procopio, Cory, Hargreaves & Savitch LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      525 B Street, Suite 2200
      San Diego, California 92101
      United States
The docket/reference number is 12428204US01.
      The phone number is 650-645-9012.
      The fax number is 619-235-0398.
      The email address is docketing@procopio.com

Michael C. Jones 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):
      MICHAEL C. JONES
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@procopio.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): michael.jones@procopio.com; patentteam@procopio.com; jessica.gross@procopio.com; miku.mehta@procopio.com

The docket/reference number is 12428204US01.
Correspondence Information (proposed):
      Michael C. Jones
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@procopio.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): michael.jones@procopio.com; patentteam@procopio.com; miku.mehta@procopio.com; pamela.lawson@procopio.com

The docket/reference number is 12428204US01.

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: /Michael C. Jones/      Date: 03/18/2020
Signatory's Name: Michael C. Jones
Signatory's Position: Attorney of Record, State of California Bar Member
Signatory's Phone Number: 650-645-9012


Response Signature
Signature: /Michael C. Jones/     Date: 03/18/2020
Signatory's Name: Michael C. Jones
Signatory's Position: Attorney of Record

Signatory's Phone Number: 6506459012

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:    MICHAEL C. JONES
   PROCOPIO, CORY, HARGREAVES & SAVITCH LLP
   
   525 B STREET, SUITE 2200
   SAN DIEGO, California 92101
Mailing Address:    Michael C. Jones
   Procopio, Cory, Hargreaves & Savitch LLP
   525 B Street, Suite 2200
   San Diego, California 92101
        
RAM Sale Number: 88482579
RAM Accounting Date: 03/18/2020
        
Serial Number: 88482579
Internet Transmission Date: Wed Mar 18 17:20:51 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200318172051
434372-88482579-710eb4ecf2382dba9e3279ab
342f068c676ffc315eb4e504539cc667918e5015
5c-CC-20494084-20200318170157807444