Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90185023 40SEC RAPID RECHARGE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9018502 3/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for 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
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Australia application number 2108935 filed 08/11/2020]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: 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; Electrical connectors in the nature of battery terminal connector clamps; Hydrometers; Battery charging apparatus for vehicles, namely, battery charge devices and battery performance monitors for vehiclesClass 009 for 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 in the nature of battery terminal connector clamps; Hydrometers; Battery charging apparatus for vehicles, namely, battery charge devices and battery performance monitors for vehicles
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Australia application number 2108935 filed 08/11/2020]. 15 U.S.C.Section 1126(d), as amended.
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number 2108935 registered 03/19/2021 with a renewal date of __________ and an expiration date of 08/11/2030 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-7276108235-204713531 _._2108935-IP_Right_Regis tered.pdf
Converted PDF file(s) ( 3 pages) Foreign Registration-1Foreign Registration-2Foreign Registration-3

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use 40 SEC RAPID RECHARGE apart from the mark as shown.


Color Claim
The color(s) blue and black is/are claimed as a feature of the mark.

Description of mark
The mark consists of the black colored literal elements "40SEC RAPID RECHARGE" in a stacked formation placed inside the black colored outline of a stylized battery. The top right portion of the battery border is a gap. There is a blue circular shaped broken arrow design surrounding the battery in a clockwise direction with the arrowhead above the top right portion of the battery. The broken tail portions of the circular shaped broken arrow are comprised of five blue colored sections increasing in size in a clockwise direction. The color white inside the battery represents background and/or transparent areas and is not part of the mark.
Correspondence Information (current):
      MATTHEW P. HINTZ, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: lstrademark@lowenstein.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 37443.7.
Correspondence Information (proposed):
      Matthew P. Hintz, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: lstrademark@lowenstein.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 37443.7.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Matthew P. Hintz/     Date: 04/13/2021
Signatory's Name: Matthew P. Hintz, Esq.
Signatory's Position: Attorney of record, NJ bar member
Signature method: Signed directly within the form

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:    MATTHEW P. HINTZ, ESQ.
   LOWENSTEIN SANDLER LLP
   
   ONE LOWENSTEIN DRIVE
   ROSELAND, New Jersey 07068
Mailing Address:    Matthew P. Hintz, Esq.
   LOWENSTEIN SANDLER LLP
   ONE LOWENSTEIN DRIVE
   ROSELAND, New Jersey 07068
        
Serial Number: 90185023
Internet Transmission Date: Tue Apr 13 20:55:49 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2021041320555000
0826-90185023-770c86064239627d0c4f6f7b1c
8b9487a5fb9c2291dbb62cf6ca6756b7190691-N
/A-N/A-20210413204713531683