| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88496534 |
| LAW OFFICE ASSIGNED | LAW OFFICE 114 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88496534/mark.png |
| LITERAL ELEMENT | LITHIUM+ |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| COLOR(S) CLAIMED (If applicable) |
Color is not claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of three vertical lines of different heights adjoining the stylized word "LITHIUM+" and outlining surrounding the same. |
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | The Examining Attorney raised a pending application for LITHIUM+, Ser. No. 87168119 and prior registrations for LITHIUM+, Reg. Nos. 4379135 and 4407208 (the "Cited Application and Registrations") as potential barriers to the registration of Applicant's mark. Applicant is the owner of the Cited Application and Registrations. Through a trademark assignment agreement effective as of June 6, 2019, Techtronic Power Tools Technology Limited conveyed, transferred and assigned all right, title and interest in and to LITHIUM+ trademark, Ser. No. 87168119 and Reg. Nos. 4379135 and 4407208 together with the goodwill of the business connected with the use of, and symbolized by, the assigned trademark, to Techtronic Cordless GP. As Techtronic Cordless GP was the effective owner of the Cited Application and Registrations at the time of filing the subject application, Applicant requests that the likelihood of confusion refusal and potential suspension based on the Cited Application and Registrations be withdrawn and that the application be approved for publication. |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Louise Arnott/ |
| SIGNATORY'S NAME | Louise Arnott |
| SIGNATORY'S POSITION | Associate of Attorney of Record, Illinois Bar Member |
| SIGNATORY'S PHONE NUMBER | 312.596.5894 |
| DATE SIGNED | 10/08/2019 |
| RESPONSE SIGNATURE | /Louise Arnott/ |
| SIGNATORY'S NAME | Louise Arnott |
| SIGNATORY'S POSITION | Associate of Attorney of Record, Illinois Bar Member |
| SIGNATORY'S PHONE NUMBER | 312.596.5894 |
| DATE SIGNED | 10/08/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Oct 08 19:08:18 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XX.XXX.XXX-2 0191008190818472997-88496 534-6102760725c49aaa2351a 1c8a3b5f92d2729e57f2b4412 921e8dcdf8a616ee91af-N/A- N/A-20191008190604442741 |
| 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) |
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.