| Serial Number | 97768444 |
| Word Mark | POLARAIR |
| Filing Date | Wednesday, January 25, 2023 |
| Status | 645 - FINAL REFUSAL - MAILED |
| Status Date | Tuesday, February 6, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Description of Mark | The mark consists of stylized wording POLARAIR with the AIR portion appearing inside a generally circular thought bubble design. Color is not a feature of the mark. |
| Goods and Services | Electronic controllers for industrial HVAC systems; Firmware and device drivers, namely, Downloadable firmware and drivers for operating HVAC Systems; Temperature measuring instruments in the nature of thermostats; Programmable electronic controllers for controlling HVAC Systems; Thermostats; Climate control digital thermostats; Remote controllers for controlling electronics, excluding game apparatuses; Industrial automation controls, particularly, downloadable HVAC system control software; downloadable software for controlling and monitoring HVAC systems and HVAC system components; Downloadable environmental temperature control software; Downloadable software for remote diagnostics of HVAC systems and HVAC system components; Remote, electric or electronic control stations, namely, electric controllers for electronic devices; Remote control apparatus for air conditioning installations; Temperature measuring apparatus in the nature of thermostats for industrial use; Measuring and control devices for air conditioning technology in the nature of thermostats; Central heating programmers in the nature of electronic controllers for central heaters; Temperature monitor valves for central heating radiators in the nature of thermostats, all of the foregoing being sold through authorized technical sales representatives and authorized HVAC system outlets |
| Pseudo Mark | POLAR AIR |
| Concurrent Use Statement | 1) Applicant seeks registration of the mark POLARAIR (and Design) for goods and services within International Classes 009, 011, and 035 in the geographic areas of the entire states of Michigan, South Carolina, and Texas; 2) Applicant is selling goods and services under the mark POLARAIR (and Design); 3) Applicant is using the mark without restrictions with respect to modes of use; 4) Applicant claims an exception to its exclusive use of the mark POLARAIR (and Design) by one other third party user (i.e., the "Concurrent User") of a mark that includes the phrase POLAR-AIRE (and Design) within the United States; 5) The geographic area in which the Concurrent User has used its mark includes Illinois; 6) The Concurrent User is believed to be using its mark in association with "Electric fans; Electric fans for personal use; Electric window fans; Portable electric fans"; 7) Applicant believes that the correct name and address of the Concurrent User is Deerlake Partners, LLC and 111 Deerlake Road, Suite 115, Deerfield, IL 60015; 8) The Concurrent User is believed to be the owner of U.S. Trademark Registration No. 4987498; 9) The filing date for the Concurrent User's trademark registration is October 12, 2015; 10) Applicant believes that Registrant is using its mark without restrictions with respect to mode of use; and 11) Applicant's date of first use in commerce is June 7, 2014, which predates the Concurrent User's filing date. Applicant declares that no one else except as specified in the application has the right to use the mark. |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes; Import and export services in the HVAC industry; Retail, wholesale and online sales services of HVAC equipment, air purification devices, air dehumidifiers, physical measuring and control devices, remote measuring and control devices, sensors, thermostats, software, detectors and monitoring instruments, all products for application in industrial installations using HVAC systems and excluding ventilation products, provided through a network of authorized technical sales representatives and authorized HVAC system outlets |
| Goods and Services | HVAC systems, namely, heating and air conditioning systems, excluding small-scale personal ventilation devices, electric fans, electric fans for personal use, electric window fans, portable electric fans; Industrial air purifiers; Industrial dehumidifiers; Industrial humidifiers; Air filters for industrial installations; Heat regulating apparatus in the nature of electric radiant heaters for use in household applications, commercial applications, and industrial applications, all of the foregoing being sold through authorized technical sales representatives and authorized HVAC system outlets |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, February 14, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | Saturday, June 7, 2014 |
| First Use In Commerce Date | Saturday, June 7, 2014 |
| International Class | 011 - Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes. |
| US Class Codes | 013, 021, 023, 024, 031, 034 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, February 14, 2023 |
| Primary Code | 011 |
| First Use Anywhere Date | Saturday, June 7, 2014 |
| First Use In Commerce Date | Saturday, June 7, 2014 |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, February 14, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | Saturday, June 7, 2014 |
| First Use In Commerce Date | Saturday, June 7, 2014 |
| Party Name | Polar Global Europe HVAC System, S.L. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | LORQUÍ-MURCIA, ESPAÑA 30564 ES |
| Event Date | Event Description |
| Saturday, January 28, 2023 | NEW APPLICATION ENTERED |
| Tuesday, February 14, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, February 15, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, October 23, 2023 | ASSIGNED TO EXAMINER |
| Wednesday, October 25, 2023 | NON-FINAL ACTION WRITTEN |
| Wednesday, October 25, 2023 | NON-FINAL ACTION E-MAILED |
| Wednesday, October 25, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, January 24, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, January 24, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, January 24, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, February 6, 2024 | FINAL REFUSAL WRITTEN |
| Tuesday, February 6, 2024 | FINAL REFUSAL E-MAILED |
| Tuesday, February 6, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Friday, May 3, 2024 | APPLICATION EXTENSION GRANTED/RECEIPT PROVIDED |
| Friday, May 3, 2024 | APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED |
| Thursday, June 13, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, June 13, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, June 13, 2024 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |