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: 90185023

Filing Date: 09/16/2020

To the Commissioner for Trademarks:

MARK: 40SEC RAPID RECHARGE (stylized and/or with design, see mark)
The literal element of the mark consists of 40SEC RAPID RECHARGE. The color(s) blue, black, white is/are claimed as a feature of the mark. The mark consists of the literal element 40SEC positioned above RAPID, which is positioned above RECHARGE, with the lettering in black. The literal element is placed inside a battery design, which is black. There is a blue, circular- shaped broken arrow design surrounding the battery, with the arrow head above the battery.
The applicant, BROWN & WATSON INTERNATIONAL PTY LTD, a private limited liability company legally organized under the laws of Australia, having an address of
      1500 Ferntree Gully Road
      Knoxfield, VIC 3180
      Australia
      XXXX

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 009:  Batteries for land vehicles; Electric batteries for water vehicles; Power supply apparatus, namely, batteries; Vehicle batteries; Battery boxes; Battery cables; Battery chargers, namely, battery chargers that include battery jump starters; Battery packs, namely, battery packs comprised of a battery, a secondary charging input, and a switching circuit to connect the secondary charging input to the battery; Battery testing apparatus, namely, battery testers; Battery starter cables; Electrical connectors, namely, clamps; Hydrometers; Battery charging apparatus for vehicles, namely, battery charge devices and battery performance monitors for vehicles
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Australia application number 2108935, filed 08/11/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Matthew P. Hintz, Esq.. Other appointed attorneys are Vanessa A. Ignacio, Esq., David Leit, Esq. and Mark P. Kesslen, Esq.. Matthew P. Hintz, Esq. of Lowenstein Sandler 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
      One Lowenstein Drive
      Roseland, New Jersey 07068
      United States
      973-597-2500(phone)
      973-597-2400(fax)
      lstrademark@lowenstein.com
The docket/reference number is 37443.7.
Matthew P. Hintz, Esq. 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:

Matthew P. Hintz, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: lstrademark@lowenstein.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Matthew P. Hintz/   Date: 09/16/2020
Signatory's Name: Matthew P. Hintz, Esq.
Signatory's Position: Attorney of Record, NJ Bar Member
Payment Sale Number: 90185023
Payment Accounting Date: 09/16/2020

Serial Number: 90185023
Internet Transmission Date: Wed Sep 16 13:09:07 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.X.X-202009161309070227
90-90185023-750321bf84a2cee5366642787e3e
37beff7d19f34d2e5f2821f84573c6916292-DA-
09067921-20200916122553610647