TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88627266

Filing Date: 09/23/2019

To the Commissioner for Trademarks:

MARK: PRIDE (stylized and/or with design, see mark)
The literal element of the mark consists of PRIDE. The applicant is not claiming color as a feature of the mark. The mark consists of the word "PRIDE" in a stylized font.
The applicant, Pride Mobility Products Corporation, a corporation of Pennsylvania, having an address of
      182 Susquehanna Avenue
      Exeter, Pennsylvania 18643
      United States
      800-800-8586(phone)

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 012:  Personal mobility vehicles, namely, scooters, power chairs and wheelchairs; occupant positioning and support structure and apparatus for use with personal mobility vehicles; accessories for personal mobility vehicles; repair and replacement parts for personal mobility vehicles

In International Class 012, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 06/30/2019, and first used in commerce at least as early as 06/30/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Product order form.

Original PDF file:
SPE0-21620015371-20190923154606887295_._Specimen_-_New_Pride_-_Cl_12.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

International Class 007:  Electrical, mechanical and hydraulic lifts for personal mobility vehicles, personal mobility vehicle accessories, and equipment, including repair and replacement parts therefor; ramps for use in loading and unloading personal mobility vehicles onto and off of automobiles, vans and trucks

In International Class 007, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 07/31/2019, and first used in commerce at least as early as 07/31/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screen print of Applicant's website used as point-of-sale materials and used, among other places, at tradeshows, namely, the following past and upcoming tradeshows: Dallas Abilities Expo (Booth #516), 13 - 15 December 2019 in Dallas TX; Bay Area Abilities Expo (Booth #521), 25 - 27 October 2019 in San Mateo CA; Boston Abilities Expo (Booth #116), 13 - 15 September 2019 in Boston MA; Houston Abilities Expo (Booth #809), 2 - 4 August 2019 in Houston TX; National Veterans Wheelchair Games 11 - 16 July 2019 in Louisville KY; Chicago Abilities Expo (Booth #908), 21 - 23 June 2019 in Schaumburg IL; New York Metro Abilities Expo (Booth #503), 3 - 5 May 2019 in Edison NJ; Los Angeles Abilities Expo (Booth #603), 22 - 24 February 2019 in Los Angeles CA; Metro NY Abilities Expo, 4 - 6 May 2018 in Edison, NJ; Medtrade Spring , 28 - 29 March 2018 in Las Vegas, NV; NSM Symposium, 10 - 12 March 2018 in Orlando, FL; NMEDA Conference, 6 - 8 March 2018 in Daytona, FL; LA Abilities Expo, 23 - 25 February 2018 in Los Angeles, CA; Travis Cares Education Conference & Symposium, 20 - 21 February 2018 in Georgetown, TX and NuMotion Leadership Conference & Expo, 25 - 27 January 2018 in Houston, TX. The law is crystal clear that point-of-sale materials, such as those submitted herewith, are "displays"; and qualify as specimens that are competent evidence of trademark use. Indeed, In re Bright of America, Inc., 205 USPQ 63 (TTAB 1979), and the Trademark Manual of the Examining Procedure both make it clear that point-of-sale materials constitute "displays"; that are acceptable specimens evidencing trademark use: A display associated with the goods within the scope of Section 45, as interpreted by the Court of Customs and Patent Appeals and other tribunals, comprises essentially point-of-sale material such as banners, shelf-talkers, window displays, menus, or similar devices which are designed to catch the attention of purchasers and prospective purchasers as an inducement to consummate a sale and which prominently display the mark in question and associate it or relate it to the goods in such a way that an association of the two is inevitable even though the goods may not be placed in close proximity to the display or, in fact, even though the goods may not physically exist at the time a purchaser views the display. In re Bright of America, Inc., 205 USPQ 63, 71 [fn 5] (TTAB 1979)..

Original PDF file:
SPE0-21620015371-20190923154606887295_._Specimen_-_New_Pride_-_Cl_7.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

International Class 020:  Chairs that assist the occupant in arising therefrom; mechanized chairs; mechanized reclining chairs; mechanized seatings that assist the occupant in arising therefrom; stationary electrically powered seatings that assist occupants in arising therefrom; stationary seatings that assist occupants in arising therefrom; stationary upholstered seatings; repair and replacement parts for all of the foregoing

In International Class 020, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 06/30/2019, and first used in commerce at least as early as 06/30/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) product order form.

Original PDF file:
SPE0-21620015371-20190923154606887295_._Specimen_-_New_Pride_-_Cl_20.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1423738, 1790294, 2484480, and others.


For informational purposes only, applicant's website address is: www.pridemobility.com

The applicant hereby appoints Charles N. Quinn. Other appointed attorneys are Melissa E. Scott. Charles N. Quinn of Fox Rothschild 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
      2000 Market Street, 20th Floor
      Philadelphia, Pennsylvania 19103
      United States
      610-458-1413(phone)
      215-299-2150(fax)
      cquinn@foxrothschild.com (authorized).
The attorney docket/reference number is 061756.80901.
Charles N. Quinn 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:

Charles N. Quinn

Fox Rothschild LLP

2000 Market Street, 20th Floor

Philadelphia, Pennsylvania 19103

610-458-1413(phone)

215-299-2150(fax)

cquinn@foxrothschild.com; dmcgregor@foxrothschild.com; eflyntz@foxrothschild.com; ipdocket@foxrothschild.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Charles N. Quinn/   Date: 09/23/2019
Signatory's Name: Charles N. Quinn
Signatory's Position: Attorney of Record, Member PA Bar
Payment Sale Number: 88627266
Payment Accounting Date: 09/23/2019

Serial Number: 88627266
Internet Transmission Date: Mon Sep 23 16:03:49 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201909231603490
16400-88627266-6104ebf1527a384f0a6dbeef9
a1f1d855cce7a8f860121e55d1fb42cd2c1b370f
-CC-03486625-20190923154606887295