NOTE TO THE FILE
SERIAL NUMBER: 88641878
DATE: 01/15/2020
NAME: kpreet
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:From: bportaro powercharge.us <bportaro@powercharge.us>
Sent: Tuesday, January 14, 2020 8:59 PM
To: Bal, Kamal <Kamal.Bal@USPTO.GOV>
Subject: Re: SERIAL NUMBER 88641878
Thx Kamal. Just one class is fine. Class 9 is fine for us. Thank you again for your help and your timely responses. I know how busy you all are.
Will we still be able to use our name Powercharger as one word?
On Jan 14, 2020, at 2:16 PM, Bal, Kamal <Kamal.Bal@uspto.gov> wrote:
Hi Mr. Portaro:
Thank you for your nice message. I do not know Ali but I will reach out to her and let her know I heard from you!
I just want to confirm that you intend to pay for the additional classes suggested in the amendment or if you want to keep everything in one class? The fee for adding each class is $275 per class. This will need to be remitted after the amendment is entered and then I can approve the application for publication thereafter. If you wish to move forward with only one class, please let me know which one you want to move forward with from below suggestion:
Class 7
Electricity generator; electric battery powered arc welder
Class 9
Cell phone accessories, namely, [indicate goods specifically, e.g., cellphone battery charger, cellphone battery chargers for use in vehicles; smartwatch accessories, namely, [indicate goods specifically, e.g., chargers for smartwatches; phone cables being USB cables for cellphones,
generators,battery-powered vehicle jump starters in the nature of electric batteries for powering electric vehicles, battery-powered welders and;battery-powered coolers
Class 11
Portable battery powered cooler for beverages.
Also, with respect to the disclaimer, it must be disclaimed in the correct spelling format which would include a space between the two words since “powercharger” isn’t a word and rather is two words. Please let me know if you have any questions about this.
Thanks!
Kamal
From: bportaro powercharge.us <bportaro@powercharge.us>
Sent: Friday, January 10, 2020 7:40 PM
To: Bal, Kamal <Kamal.Bal@USPTO.GOV>
Subject: Re: SERIAL NUMBER 88641878
Hi Kamal. It is so great hearing from you. If you ever run into Ali Portaro at your office, please say hello. That is my niece.
Thank you for your help! I understand what you are saying below. Please move forward with the Examiner’s Amendment.
FYI: We don’t have a water cooler but we do have a beverage cooler that is essentially a refrigerator that looks like a beverage cooler you would take to the beach but you don’t need to plug it in for power because it has a rechargeable lithium-ion battery. Whatever language you feel is best is fine by me.
Let me know if I need to do anything on my end.
(On a sidenote, I’m not sure if it matters, but our name is only one word, it’s Powercharger)
Have a nice weekend. Thx again.
On Jan 10, 2020, at 2:01 PM, Bal, Kamal <Kamal.Bal@uspto.gov> wrote:
Dear Mr. Portaro :
I am writing with respect to the above referenced application because there are a few procedural issues that can be resolved through an Examiner’s Amendment. I have outlined them below for you to review.
The wording POWER CHARGER must be disclaimed because it describes the goods services at issue. Specifically, it indicates the goods feature power chargers. Accordingly, this wording must be disclaimed.
A “disclaimer” is a statement in the application record that an applicant does not claim exclusive rights to an unregistrable component of the mark; a disclaimer of unregistrable matter does not affect the appearance of the mark or physically remove disclaimed matter from the mark. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 978, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP §1213.
Additionally, the identification of goods must be clarified as follows:
Class 7(additional class is required with additional filing fee to keep these goods in application)
Electricity generator; electric battery powered arc welder
Class 9
Cell phone accessories, namely, [indicate goods specifically, e.g., cellphone battery charger, cellphone battery chargers for use in vehicles; smartwatch accessories, namely, [indicate goods specifically, e.g., chargers for smartwatches; phone cables being USB cables for cellphones,
generators,battery-powered vehicle jumpstarters in the nature of electric batteries for powering electric vehicles, battery-powered welders and; battery-powered coolers [please clarify what kind of cooler this is? Is it a CPU cooler (classified in Class 9)? Electric cooler(Classified in Class 11 will need to pay for another class)? Water cooler(Classified in Class 11 will need to pay for another class)?
If you accept these changes please reply back as soon as possible and I will enter an examiner’s amendment accordingly. Thank you!
Ms. Kamal S. Bal
Trademark Attorney Advisor
United States Patent and Trademark Office
(571) 272-5645 | kamal.bal@uspto.gov