TEAS Request Reconsideration after FOA

PTO- 1960

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

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PTO- 1960

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

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 97118698 LYRA(Standard Characters, see http://uspto.report/TM/97118698/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

To fully address all outstanding requirements and refusals in the Office action, applicant has provided clarifications to the identification of goods, as proposed by the examining attorney, that are within the scope of the originally submitted description.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Batteries; battery charging devices for motor vehicles and commercial and industrial vehicles and equipment; battery storage and management systems; charging stations for electric vehicles and commercial and industrial vehicles and equipment; control units for electrical motors; downloadable software in the nature of operating software and applications for motor vehicles and commercial and industrial vehicles and equipment for remote control of vehicles and equipment, and for storing, monitoring, regulating, and managing electrical charge, discharge, storage, and energy consumption; electrical apparatus, control devices, and systems comprising computer hardware and recorded software for storing, monitoring, regulating, and managing electrical charge, discharge, storage, and energy consumption; electrical integrated control systems for use with motor vehicles and commercial and industrial vehicles and equipment; power conversion devices, converters, and inverters
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; 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. For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: 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.


Proposed:

Tracked Text Description: Batteries; battery charging devices for motor vehicles and commercial and industrial vehicles and equipment; battery storage and management systems; battery storage systems comprised of batteries, power converters and inverters, and electronic control systems featuring electric control devices and recorded software for battery management and energy management; charging stations for electric vehicles and commercial and industrial vehicles and equipment; control units for electrical motors; control units for regulating the output and operation of electrical machine motors; downloadable software in the nature of operating software and applications for motor vehicles and commercial and industrial vehicles and equipment for remote control of vehicles and equipment, and for storing, monitoring, regulating, and managing electrical charge, discharge, storage, and energy consumption; downloadable software in the nature of operating software and applications for remote control of commercial and industrial vehicles and equipment, and for monitoring, regulating, and managing electrical charge and discharge, electricity storage, and energy consumption; electrical apparatus, control devices, and systems comprising computer hardware and recorded software for storing, monitoring, regulating, and managing electrical charge, discharge, storage, and energy consumption; electrical apparatus, control devices, and systems comprising computer hardware and recorded software for storing, monitoring, regulating, and managing electrical charge and discharge, electricity storage, and energy consumption; electrical integrated control systems for use with motor vehicles and commercial and industrial vehicles and equipment; power conversion devices, converters, and inverters; Electric power conversion devices, namely, electric power converters and invertersClass 009 for Batteries; battery charging devices for motor vehicles and commercial and industrial vehicles and equipment; battery storage systems comprised of batteries, power converters and inverters, and electronic control systems featuring electric control devices and recorded software for battery management and energy management; charging stations for electric vehicles and commercial and industrial vehicles and equipment; control units for regulating the output and operation of electrical machine motors; downloadable software in the nature of operating software and applications for remote control of commercial and industrial vehicles and equipment, and for monitoring, regulating, and managing electrical charge and discharge, electricity storage, and energy consumption; electrical apparatus, control devices, and systems comprising computer hardware and recorded software for storing, monitoring, regulating, and managing electrical charge and discharge, electricity storage, and energy consumption; electrical integrated control systems for use with motor vehicles and commercial and industrial vehicles and equipment; Electric power conversion devices, namely, electric power converters and inverters
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; 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. For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: 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

Correspondence Information (current)
      Neil Park
      PRIMARY EMAIL FOR CORRESPONDENCE: npark@neilparklaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): christen@xostrucks.com

The docket/reference number is XOS-TM0034.
Correspondence Information (proposed)
      Neil Park
      PRIMARY EMAIL FOR CORRESPONDENCE: npark@neilparklaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): christen@xostrucks.com; trademarks@neilparklaw.com

The docket/reference number is XOS-TM0034.

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)
Request for Reconsideration Signature
Signature: /N Park/     Date: 03/20/2023
Signatory's Name: Neil Park
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: (424) 250-8022 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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Neil Park
   LAW OFFICES OF NEIL PARK
   
   PO BOX 660475
   ARCADIA, California 91066
Mailing Address:    Neil Park
   LAW OFFICES OF NEIL PARK
   PO BOX 660475
   ARCADIA, California 91066
        
Serial Number: 97118698
Internet Transmission Date: Mon Mar 20 21:26:33 ET 2023
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XXX-20230320212633
997775-97118698-850bd2c85e3b37642f69f5cf
4f61b3223191499a5022f8ca7de1deaffac8aac8
0-N/A-N/A-20230320210942516652