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: 90427478

Filing Date: 12/29/2020

To the Commissioner for Trademarks:

MARK: POSITIVE (Standard Characters, see mark)
The literal element of the mark consists of POSITIVE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Positive Energy Inc., a corporation of Delaware, having an address of
      44 Court Street, Suite 1217
      Brooklyn, New York 11201
      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:  energy storage solutions and products; energy storage systems; batteries for use with renewable energy resources; batteries for storage of renewable energy; advertising and marketing services; rental of advertising space; rental of advertising space in connection with renewable energy, batteries, and energy storage products; renewable energy development services, namely, business venture development and formation consulting services for the renewable energy industry; consulting in the field of energy, sustainability, and marketing; Providing business advice and information in the field of renewable energy and marketing; Business advice and information; Renewable energy development services, namely, technological planning and consulting services in the field of renewable energy
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.



The owner's/holder's proposed attorney information: Erik M. Pelton. Other appointed attorneys are Julie S. Shursky. Erik M. Pelton of ERIK M. PELTON & ASSOCIATES, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      PO BOX 100637
      ARLINGTON, Virginia 22210
      United States
      703-525-8009(phone)
      uspto@tm4smallbiz.com

Erik M. Pelton 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:

Erik M. Pelton

PRIMARY EMAIL FOR CORRESPONDENCE: uspto@tm4smallbiz.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: /Stephano Kim/   Date: 12/28/2020
Signatory's Name: Stephano Kim
Signatory's Position: COO/President
Payment Sale Number: 90427478
Payment Accounting Date: 12/29/2020

Serial Number: 90427478
Internet Transmission Date: Tue Dec 29 21:00:59 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202012292100590
63146-90427478-7509f87f98acc332e6c84bfcb
c2663ddf81badecfbe1f668bc8cab90e078502de
0-ET-00582798-20201225101323169543