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: 90264237

Filing Date: 10/19/2020

To the Commissioner for Trademarks:

MARK: INTERNATIONAL ENERGY CONSERVATION CODE (Standard Characters, see mark)
The literal element of the mark consists of INTERNATIONAL ENERGY CONSERVATION CODE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, International Code Council, Inc., a corporation of California, having an address of
      3060 Saturn Street, Suite 100
      Brea, California 92821-1732
      United States
      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:  Downloadable electronic publications, namely, books, pamphlets, written articles, written announcements and informational brochures and manuals, all dealing with recommended and enacted energy conservation codes, standards, regulations and rules, directed to government officials, architects, planners, engineers and others concerned with energy conservation codes, standards, regulations and rules.

In International Class 009, 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 03/00/2011, and first used in commerce at least as early as 03/00/2011, 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 shot from the Applicant's Internet website which displays the trademark in association with a picture and description of the goods, and provides for downloading of such goods.

Original PDF file:
SPE0-20519620625-20201008 211110110700_._Internatio nal_Energy_Code_class_9.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

International Class 041:  Online non-downloadable publications, namely, books, pamphlets, articles, announcements and informational materials, all dealing with recommended and enacted energy conservation codes, standards, regulations and rules, directed to government officials, architects, planners, engineers and others concerned with energy conservation codes, standards, regulations and rules.

In International Class 041, 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 03/00/2011, and first used in commerce at least as early as 03/00/2011, 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 shots from Applicant's website that display the mark in connection with the identified services.

Original PDF file:
SPE0-20519620625-20201008 211110110700_._IECC_Class _41.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) 2387493.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 2387493.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: David O. Johanson, Esq.. Other appointed attorneys are the firm of Morgan, Lewis & Bockius LLP, RON N. DREBEN, KAREN A. BUTCHER, ANITA B. POLOTT, CAROLE R. KLEIN, JOSEPH E. WASHINGTON, KRISTIN H. ALTOFF, DANA S. GROSS, JANE W. WISE, SETH A. RAPPAPORT, CONSTANCE BOUTSIKARIS, REBECCA E. MCDOUGALL, BRITTANY A. ESTELL, RACHEL FERTIG and KIRAN JASSAL, all located at 1111 Pennsylvania Ave., NW, Washington, D.C. 20004, ROCHELLE D. ALPERT, CARLA B. OAKLEY, SHARON R. SMITH, JENNA STOKES, GENE K. PARK and PETER BYRNE, members of the California Bar, all located at One Market, Spear Street Tower, San Francisco, California 94105, ANDREW J. GRAY IV, member of the California Bar, located at 1400 Page Mill Road, Palo Alto, California 94304, and RACHELLE A. DUBOW, DAVID O. JOHANSON and AMELIA G. PENNINGTON, members of the Massachusetts Bar, all located at One Federal Street, Boston, Massachusetts 02110, all of whom should receive correspondence and documents related to this application through the offices of Morgan, Lewis & Bockius LLP. David O. Johanson, Esq. of Morgan, Lewis & Bockius 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 Federal Street
      Boston, Massachusetts 02110
      United States
      617-951-8304(phone)
      617.341.7701(fax)
      trademarks@morganlewis.com
The docket/reference number is 107507-0059.
David O. Johanson, 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:

David O. Johanson, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david.johanson@morganlewis.com; peter.byrne@morganlewis.com; jennifer.kagan@morganlewis.com 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 $550 has been submitted with the application, representing payment for 2 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: /Dominic Sims/   Date: 10/19/2020
Signatory's Name: Dominic Sims
Signatory's Position: Chief Executive Officer
Payment Sale Number: 90264237
Payment Accounting Date: 10/19/2020

Serial Number: 90264237
Internet Transmission Date: Mon Oct 19 20:11:52 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202010192011521
92692-90264237-750b6ad4a7fa43fb48c874283
9ef61fc592ac2e6586982ada26e3ba6be77fa744
9-DA-11504835-20201008211110110700