Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

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

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

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

Trademark/Service Mark Application, Principal Register

Serial Number: 90508471

Filing Date: 02/03/2021

To the Commissioner for Trademarks:

MARK: ELECTRO (Standard Characters, see mark)
The literal element of the mark consists of ELECTRO. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Balaji Trading, Inc., a corporation of California, having an address of
      4850 EUCALYTPUS AVE
      CHINO, California 91710
      United States
      323-346-9742(phone)
      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 _______: IC 009 ACCESSORIES: Cell phone battery chargers; Wireless chargers; Batteries; Electrical plugs and sockets; Rechargeable batteries; Cell phone battery chargers for use in vehicles; Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, smartphones, MP3 players, and personal digital assistants; USB cables; USB cables for cellphones; battery cables; adapter cables for headphones; Plug adaptors; Plug connectors; Power strips; Headphones; Laptop carrying cases; Earphones; Audio speakers; Earbuds; Earphones; Headphones; Cell phone cases; Cell phone covers; Cell phone faceplates; Protective covers for smartphones; Protective cases for smartphones; Protective films adapted for smartphones; Protective films adapted for computer screens; Protective cases for smartphones; Carrying cases for cell phones; Cases for mobile phones; Clear protective covers specially adapted for personal electronic devices, namely, cell phones, personal digital assistants, tablet personal computers; Fitted plastic films known as skins for covering and protecting electronic apparatus, namely, cell phones, tablet computers, mp3 players, smartphones; Carrying cases and protective cases featuring battery charging devices, specially adapted for use with smartphones, wearable computers in the nature of smartwatches, and handheld personal computers; Protective films adapted for computer screens; Protective films adapted for smartphones; IC 009 SOFTWARE: Downloadable software applications; Software Apps in the nature of a downloadable smartphone adventure game; Downloadable social media application for a social networking, chat, photography and video production editing and distribution; IC 009 EXPRESS EXCLUSION: Smartphone protective accessories in the nature carrying cases and covers in the expressly limited channel of trade of applicant's own website, expressly excluding all of the following products and accessories associated therewith free-standing, portable, headphone and personal radios, radios with cassette tape players and recorders, portable cassette tape recorders and players, sing along cassette players and recorders, portable compact disc players, portable compact disc player combinations with radios and tape cassette players and recorders, stereo center combinations with compact disc players, radios and cassette tape players and recorders, televisions, video cassette recorders, telephones, telephone answering machines, clock radios, clock radio combinations with cassette tape players and recorders, telephones, walkie-talkies, and CB transceivers; IC 012 AUTOMOTIVE: Aftermarket land vehicle kits comprising, automobile windshield magnetic holders and suction cup dash mounts and navigation electronic telecommunications handheld device cases; Kits for aftermarket automobile components, namely, electronic handheld device mounts for land vehicles, dash and instrumentation panel suction cup holders, covers and mounts for telecommunications hardware, tablets, and smartphones and the covers therefor; Electronic mobile computer mount assembly accessories for use in land vehicles; Electronic interface modules sold as an integral part of a motor land vehicle; Plastic components used for interior automotive trim, namely, dash and instrumentation panel and console accessories such as glass suction devices, clip and bracket inserts, and adhesive mounting devices; Aftermarket automobile accessories, namely, suction cup holders for personal electronic devices specially adapted for fitting in vehicles; Land vehicle accessories, namely, mounting clips, mounting racks and mounts for telecommunications hardware, tablets, and Smartphone; Automobile holders for MP3 players that are affixed or specially adapted to the automobile; Aftermarket automobile accessories, namely, holders for smartphone and tablet computer specially adapted for fitting in vehicles; Mobile computer, smartphone and tablet computer mounts adapted for use in automobiles, motorcycles, vehicles and aircraft; Brackets for mounting electric components in vehicles; Land vehicle accessories, namely, bicycle and automobile aftermarket parts in the nature of handheld electronic device cases adapted for cars and bicycles, mounting clips for e-readers, navigation devices, telecommunications hardware.
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4076283 and 5726445.

Miscellaneous Statement
1) Applicant also claims ownership of abandoned application ELECTRO US Trademark Application 88131487. In that filing, the application was abandoned for failure to respond timely. Although two marks were raised as potential conflicts, they were not discussed on the merits. To obviate those marks from being raised again, pre-emptive exclusionary language has been added, an additional category 012 has been added, a purely digital clause has been added 009 downloadable software, so we hope that is sufficient to obviate any conflicts. Furthermore, prior registrations to the literal element ZIZO should be used as anchor applications to speed up the registration of ZIZO ELECTRO. Moreover there are 44 registered trademarks with the same name and the same category electro 009 - in active co-existence, therefore a claim of dilution of the literal element ELECTRO is undeniable. Thus the similarity of the literal element is not focal, and other things like the differences in the Goods and Services description should be given more weight when analyzing conflicts in the totality. Since electro is diluted, the scope is unique among all the other marks.

Original PDF file:
MIS-260380011301e92795b2b a29ad16b373-2021020319191 0275375_._1__Zizo_Related _Properties.pdf
Converted PDF file(s) (4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
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Original PDF file:
MIS-260380011301e92795b2b a29ad16b373-2021020319191 0275375_._2__Potential_2D _Conflicts.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2
Original PDF file:
MIS-260380011301e92795b2b a29ad16b373-2021020319191 0275375_._3__ZIZO_Electro _Specimen.pdf
Converted PDF file(s) (15 pages)
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Original PDF file:
MIS-260380011301e92795b2b a29ad16b373-2021020319191 0275375_._Electro_Cancell ed_Petition_to_Director.pdf
Converted PDF file(s) (3 pages)
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Original PDF file:
MIS-260380011301e92795b2b a29ad16b373-2021020319191 0275375_._Sec_2D_Preempti ve_Arguments_and_Express_ Exclusion.pdf
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Miscellaneous File1
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Original PDF file:
MIS-260380011301e92795b2b a29ad16b373-2021020319191 0275375_._44_Electro_Dilu tion_IC_009.pdf
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For informational purposes only, applicant's website address is: www.balajiwireless.com

The owner's/holder's proposed attorney information: Jack Fritz. Other appointed attorneys are Michael O'Brien. Jack Fritz of O'Brien Patents, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      417 Mace Blvd. Suite J-119
      Davis, California 95618
      United States
      626-629-8845(phone)
      jack@fritzlawgroup.com
The docket/reference number is BattaElect-2.
Jack Fritz 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:

Jack Fritz

PRIMARY EMAIL FOR CORRESPONDENCE: jack@fritzlawgroup.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@obrienpatents.com; rohit@balajiwireless.com; mobrien@obrienpatents.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 $350 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: /Jack Fritz/   Date: 02/03/2021
Signatory's Name: Jack Fritz
Signatory's Position: Attorney of Record, CA Bar Member
Signatory's Phone Number: 626-629-8845
Signature method: Signed directly within the form
Payment Sale Number: 90508471
Payment Accounting Date: 02/03/2021

Serial Number: 90508471
Internet Transmission Date: Wed Feb 03 20:14:28 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20210203201428165483-90508471-
7609ebc7971ede5df61b925bedc72ed56048501f
83bd747a85205a47ed5ecc2-CC-14260959-2021
0203201215420645