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. 88523643 NOCO(Standard Characters, see ) 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 002 for battery corrosion prevention brushes and sprays
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1990 and first used in commerce at least as early as 12/31/1990 , and is now in use in such commerce.

Proposed:
Tracked Text Description: battery corrosion prevention brushes and sprays; battery corrosion prevention brushes being brush-on anti-corrosive coatings and sprays being spray-on anti-corrosive coatings; terminal protectors for battery corrosion prevention comprised of felt washers impregnated with an anti-corrosive solutionClass 002 for battery corrosion prevention brushes being brush-on anti-corrosive coatings and sprays being spray-on anti-corrosive coatings; terminal protectors for battery corrosion prevention comprised of felt washers impregnated with an anti-corrosive solution
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1990 and first used in commerce at least as early as 12/31/1990 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for air pumps; air compressors; lithium powered air compressors; compressed air pumps; electric generators
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: air pumps; compressed air pumps for industrial use; air compressors; lithium powered air compressors; compressed air pumps; electric generatorsClass 007 for compressed air pumps for industrial use; air compressors; lithium powered air compressors; compressed air pumps; electric generators
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 class of goods/services in the application:
Current: Class 009 for battery chargers; battery jump starters; power battery packs; battery terminal protectors; battery clamps; electrical cords; electrical power ports; solar battery chargers; solar panels; inverters; converters; charge controllers; lithium-ion batteries; power supplies; power switches
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/00/2009 and first used in commerce at least as early as 03/00/2009 , and is now in use in such commerce.

Proposed:
Tracked Text Description: battery chargers; battery jump starters; power battery packs; battery terminal protectors; battery terminal connector clamps; battery clamps; electrical cords; electrical power ports, namely, AC port plugs, extension cables and electrical outlets; electrical power ports; solar battery chargers; solar panels for production of electricity; solar panels; inverters; converters; charge controllers being voltage regulators and DC-DC converters; charge controllers; lithium-ion batteries; power supplies; power switchesClass 009 for battery chargers; battery jump starters; power battery packs; battery terminal connector clamps; electrical cords; electrical power ports, namely, AC port plugs, extension cables and electrical outlets; solar battery chargers; solar panels for production of electricity; inverters; converters; charge controllers being voltage regulators and DC-DC converters; lithium-ion batteries; power supplies; power switches
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/00/2009 and first used in commerce at least as early as 03/00/2009 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for tire pumps; tire inflators; lithium powered tire inflators; lithium powered air pumps for automobiles and motorcycles; air pumps for automobiles; air pumps for two-wheeled motor vehicles or bicycles
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: tire pumps; tire inflators; lithium powered tire inflators; lithium powered air pumps for automobiles and motorcycles; air pumps for automobiles; air pumps for two-wheeled motor vehicles or bicycles; air pumps for automobilesClass 012 for tire pumps; tire inflators; lithium powered tire inflators; lithium powered air pumps for automobiles and motorcycles; air pumps for automobiles; air pumps for two-wheeled motor vehicles or bicycles; air pumps for automobiles
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.

The applicant's current attorney information: Ann K. Ford. Ann K. Ford of DLA PIPER LLP (US), is located at

      500 EIGHTH STREET NW
      WASHINGTON, District of Columbia 20004
      US

The phone number is 202-799-4000.

The fax number is 2027995000.

The email address is dctrademarks@dlapiper.com

The applicants proposed attorney information: Ann K. Ford. Other appointed attorneys are Thomas E. Zutic, Ryan C. Compton, John M. Nading, David M. Kramer, Eunice R. Chung, Ashley H. Joyce, James K. S. Stewart, Alberto Zacapa and Naomi E. Abraham. Ann K. Ford of DLA PIPER LLP (US), is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      500 EIGHTH STREET NW
      WASHINGTON, District of Columbia 20004
      United States

The phone number is 202-799-4000.

The fax number is 2027995000.

The email address is dctrademarks@dlapiper.com

Ann K. Ford 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.
The applicant's current correspondence information: ANN K. FORD. ANN K. FORD of DLA PIPER LLP (US), is located at

      500 EIGHTH STREET NW
      WASHINGTON, District of Columbia 20004
      US

The phone number is 202-799-4000.

The fax number is 2027995000.

The email address is dctrademarks@dlapiper.com

The applicants proposed correspondence information: Ann K. Ford. Ann K. Ford of DLA PIPER LLP (US), is located at

      500 EIGHTH STREET NW
      WASHINGTON, District of Columbia 20004
      United States

The phone number is 202-799-4000.

The fax number is 2027995000.

The email address is dctrademarks@dlapiper.com

SIGNATURE(S)
Response Signature
Signature: /David M. Kramer/     Date: 10/18/2019
Signatory's Name: David M. Kramer
Signatory's Position: Attorney of Record; District of Columbia Bar Member

Signatory's Phone Number: 2027994153

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:    ANN K. FORD
   DLA PIPER LLP (US)
   
   500 EIGHTH STREET NW
   WASHINGTON, District of Columbia 20004
Mailing Address:    Ann K. Ford
   DLA PIPER LLP (US)
   500 EIGHTH STREET NW
   WASHINGTON, District of Columbia 20004
        
Serial Number: 88523643
Internet Transmission Date: Fri Oct 18 12:30:32 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-201910181230327788
67-88523643-610bd9990cebf2ccb999521f9ed1
3bbd40b2ef88fa8e767c1dac81337948ef-N/A-N
/A-20191018084607114770