Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1209327
`
`Filing date:
`
`05/16/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Diamond Chemical Company, Inc.
`
`Corporation
`
`Citizenship
`
`New Jersey
`
`UNION AVENUE & DUBOIS STREET
`EAST RUTHERFORD, NJ 07073
`UNITED STATES
`
`ANTHONY E. BENNETT
`HOFFMANN & BARON LLP
`6900 JERICHO TPKE
`SYOSSET, NY 11791
`UNITED STATES
`Primary email: aebdocket@hbiplaw.com
`Secondary email(s): hbmail@hbiplaw.com
`5168223550
`
`Docket no.
`
`1456-52
`
`Registration subject to cancellation
`
`Registration no.
`
`6486858
`
`Registration date
`
`09/14/2021
`
`Register
`
`Registrant
`
`Principal
`
`ENERGIZER AUTO, INC.
`44 OLD RIDGEBURY ROAD
`DANBURY, CT 06810
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 003. First Use: Mar 10, 2002 First Use In Commerce: Mar 10, 2020
`All goods and services in the class are subject to cancellation, namely: Air fragrancing preparations;
`air fragrancing preparations for use in automobiles and vehicles
`
`Class 005. First Use: Mar 10, 2020 First Use In Commerce: Mar 10, 2020
`All goods and services in the class are subject to cancellation, namely: Air deodorizing preparations;
`air purifying preparations; air deodorizing and purifying preparations for use in automobiles and
`vehicles
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Mark cited by petitioner as basis for cancellation
`
`

`

`U.S. application
`no.
`
`90082767
`
`Application date
`
`07/30/2020
`
`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`FREE 'N CLEAR
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 003. First use: First Use: Dec 31, 1973 First Use In Commerce: Dec 31,
`1973
`All purpose cleaners; cleaning preparations for commercial and industrial use;
`hard surface cleaning preparations; deodorizing cleaning preparations for hard
`surfaces; commercial dishwashing detergents; cleaning preparations for com-
`mercialand industrial use
`Class 005. First use: First Use: Dec 31, 1973 First Use In Commerce: Dec 31,
`1973
`All purpose deodorizing preparations for household, commercial or industrial
`use; household deodorizers for hard surfaces; hard surface disinfectant clean-
`ers; industrial and commercial disinfectant cleaners; disinfectant cleaners for
`commercial and industrial use comprising bactericidal, fungicidal, mildewcidal,
`tuberculocidal and virucidal properties; all purpose disinfecting and sanitizing
`cleaners
`
`Attachments
`
`90082767#TMSN.png( bytes )
`Notice of Cancellation.pdf(93687 bytes )
`Ex A.pdf(586746 bytes )
`Ex B.pdf(2815997 bytes )
`Ex C.pdf(1266016 bytes )
`Ex D.pdf(3777451 bytes )
`Ex E.pdf(4801780 bytes )
`Ex F.pdf(4601342 bytes )
`
`Signature
`
`/anthony e. bennett/
`
`Name
`
`Date
`
`Anthony E. Bennett
`
`05/16/2022
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`DIAMOND CHEMICAL
`COMPANY, INC.
`
`
`
`
`Petitioner,
`
`v.
`
`
`ENERGIZER AUTO, INC.
`
`
`
`
`Respondent.
`
`
`
`Cancellation No.: ____________
`
`Registration No. 6,486,858
`Trademark: FREE & CLEAR
`Registered on: September 14, 2021
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`PETITION FOR CANCELLATION
`
`Petitioner, Diamond Chemical Company, Inc., hereby petitions for cancellation of U.S.
`
`
`
`
`
`
`
`
`Trademark Registration No. 6,486,858 for the mark FREE & CLEAR, owned by Energizer Auto,
`
`Inc. and states as follows:
`
`1.
`
`Petitioner is a corporation organized under the laws of New Jersey having a place
`
`of business at Union Avenue & DuBois Street East Rutherford, New Jersey 07073.
`
`2.
`
`Petitioner has a pending U.S. Trademark Application Serial No. 90/082,767 filed
`
`on July 30, 2020 for the mark FREE ‘N CLEAR (the “Application”). The goods listed in the
`
`Application are as follows:
`
`IC 3. All purpose cleaners; cleaning preparations for commercial and industrial use; hard
`
`surface cleaning preparations; deodorizing cleaning preparations for hard surfaces;
`
`commercial dishwashing detergents.
`
`
`
`1
`
`

`

`IC 5. All purpose deodorizing preparations for household, commercial or industrial use;
`
`household deodorizers for hard surfaces; hard surface disinfectant cleaners; industrial and
`
`commercial disinfectant cleaners; disinfectant cleaners for commercial and industrial use
`
`comprising bactericidal, fungicidal, mildewcidal, tuberculocidal and virucidal properties;
`
`all purpose disinfecting and sanitizing cleaners.
`
`A copy of the Application details as contained in the Office TESS database are attached in
`
`Exhibit A.
`
`3.
`
`In the Application, an Office Action was issued which raised a §2(d) likelihood of
`
`confusion refusal of registration based on Registration No. 6,486,858 for the mark FREE &
`
`CLEAR, (the “Registration”). A copy of the relevant portions of the Office Action is attached as
`
`Exhibit B. A copy of the cited Registration is attached hereto as Exhibit C.
`
`4.
`
`U.S. Patent and Trademark Office records indicate that the Registration is owned by,
`
`Energizer Auto, Inc having an address of 44 Old Ridgebury Road Danbury Connecticut 06810.
`
`The Office records further indicate an Attorney of Record as Andrea J Mealey, 533 Maryville
`
`University Drive Energizer Holdings, Inc. St. Louis, Missouri 63141,
`
`trademarks@energizer.com.
`
`5.
`
`The Registration has a filing date of July 24, 2019 and lists the following goods:
`
`
`
`IC 3 Air fragrancing preparations; air fragrancing preparations for use in automobiles
`
`and vehicles.
`
`
`
`IC 5 Air deodorizing preparations; air purifying preparations; air deodorizing and
`
`purifying preparations for use in automobiles and vehicles.
`
`
`
`2
`
`

`

`6.
`
`The Registration alleges a date of first use anywhere and a date of first use in commerce
`
`as March 10, 2020.
`
`7.
`
`Petitioner is the owner of trademark rights for the mark FREE ‘N CLEAR as used in
`
`association with the cleaning, sanitizing and deodorizing goods set forth in the Application.
`
`8.
`
`Petitioner has used the FREE ‘N CLEAR in association with cleaning, sanitizing and
`
`deodorizing products from at least before Respondent’s intent to use filing date of July 24, 2019
`
`and at least before the asserted dates of first use of March 10, 2020 listed in the Registration.
`
`9.
`
`Petitioner first used the mark FREE ‘N CLEAR in association with sanitizing and
`
`deodorizing products at least as early as 1973.
`
`10.
`
`Petitioner’s portions of catalogs from 1993, 2010 and 2016 are attached hereto as
`
`Exhibits D, E, and F respectively, showing Petitioner’s use of the mark.
`
`11.
`
`Petitioner has priority of use based on consistent and extensive use of the mark FREE ‘N
`
`CLEAR in U.S. commerce for many years before Respondent began using the mark FREE &
`
`CLEAR and before the filing date of the application which matured into the Registration.
`
`12.
`
`At set forth in the Office Action, a likelihood of confusion exists between Petitioner’s
`
`FREE ’N CLEAR mark and Respondent’s FREE & CLEAR mark due to at least a similarity of
`
`the marks and a similarity of the goods.
`
`13.
`
`Petitioner's prior use of the FREE ’N CLEAR mark in combination with the U.S.
`
`Trademark Office assertion that a likelihood of confusion exists between Petitioner’s FREE ’N
`
`CLEAR mark and Respondent’s FREE & CLEAR mark establishes that the FREE & CLEAR
`
`Registration is invalid and should be cancelled.
`
`
`
`
`
`3
`
`

`

`
`
`WHEREFORE, Petitioner requests that this Petition be granted and that United States
`
`Trademark Registration 6,486,858 be cancelled from the Principal Register.
`
`
`
`
`
`
`
`
`
`
`
`Dated: May 16, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Diamond Chemical Company Inc
`
`By: /Anthony E. Bennett/
`Anthony E. Bennett
`Hoffmann & Baron, LLP
`6900 Jericho Turnpike
`Syosset, New York 11791
`Telephone: (516) 822-3550
`Facsimile: (516) 822-3582
`abennett@hbiplaw.com
`
`Attorney for Petitioner
`
`,
`
`
`
`
`
`
`
`
`
`4
`
`

`

`EXHIBIT A
`
`

`

`5/16/22, 11:21 AM
`
`Trademark Electronic Search System (TESS)
`
` a
`
`|
`|
`[FAQ|
`|
`|
`|
`|
`Trademarks> Trademark Electronic Search System (TESS)
`
`TESS waslast updated on Mon May 16 03:47:22 EDT 2022
`
`rn
`
`Please logout when you are done to release system resourcesallocated for you.
`
`
`
`List At:
`
`OR
`
`to record:
`
`Record 1 out of 12
`
`Ete
`
`( Use the "Back" button of the Internet Browserto return to
`
`TESS)
`
`FREE 'N CLEAR
`
`Word Mark FREE 'N CLEAR
`
`Goods and IC 003. US 001 004 006 050 051 052. G & S: All purpose cleaners; cleaning preparations for commercial and
`Services_industrial use; hard surface cleaning preparations; deodorizing cleaning preparations for hard surfaces; commercial
`dishwashing detergents; cleaning preparations for commercial and industrial use. FIRST USE: 19731231. FIRST
`USE IN COMMERCE: 19731231
`
`IC 005. US 005 006 018 044 046 051 052. G & S: All purpose deodorizing preparations for household, commercial or
`industrial use; household deodorizers for hard surfaces; hard surface disinfectant cleaners; industrial and commercial
`disinfectant cleaners; disinfectant cleaners for commercial and industrial use comprising bactericidal, fungicidal,
`mildewcidal, tuberculocidal and virucidal properties; all purpose disinfecting and sanitizing cleaners. FIRST USE:
`19731231. FIRST USE INCOMMERCE: 19731231
`
`Standard
`Characters
`Claimed
`
`Mark
`Drawing
`Code
`
`Serial
`Number
`
`(4) STANDARD CHARACTER MARK
`
`90082767
`
`Filing Date July 30, 2020
`Current
`Basis
`
`1A
`
`Original
`Filing
`Basis
`
`Owner
`
`1A
`
`(APPLICANT) Diamond Chemical Company Inc. CORPORATION NEW JERSEY Union Avenue & DuBois Street
`East Rutherford NEW JERSEY 07073
`
`Attorney
`of Record Anthony E. Bennett
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801 :vnurjg.3.1
`
`1/2
`
`

`

`5/16/22, 11:21 AM
`
`Type of
`Mark
`
`Register
`Live/Dead
`Indicator
`
`TRADEMARK
`
`PRINCIPAL
`
`LIVE
`
`Trademark Electronic Search System (TESS)
`
`
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801 :vnurjg.3.1
`
`2/2
`
`

`

`EXHIBIT B
`
`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Diamond Chemical CompanyInc. (aebdocket@hbiplaw.com)
`
`U.S. Trademark Application Serial No. 90082767 - FREE 'N CLEAR - 1456-46
`
`November 16, 2021 04:53:24 PM
`
`ecom1] 15@uspto.gov
`
`Attachments:
`
`Attachment- 1
`
`Attachment- 2
`
`Attachment- 3
`
`Attachment- 4
`
`Attachment - 5
`
`Attachment- 6
`
`Attachment- 7
`
`Attachment- 8
`
`Attachment- 9
`
`Attachment - 10
`
`Attachment - 11
`
`Attachment - 12
`
`Attachment- 13
`
`Attachment - 14
`
`Attachment- 15
`
`Attachment - 16
`
`Attachment - 17
`
`Attachment - 18
`
`Attachment - 19
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial
`No. 90082767
`
`Mark: FREE 'N
`CLEAR
`
`Correspondence
`Address:
`
`Anthony E. Bennett
`HOFFMANN &
`BARON, LLP
`6900 JERICHO TPKE
`SYOSSET NY 11791
`
`Applicant: Diamond
`Chemical CompanyInc.
`
`Reference/Docket No.
`1456-46
`
`Correspondence Email
`Address:
`
`aebdocket@hbiplaw.com
`
`NONFINAL OFFICE ACTION
`
`

`

`The USPTO mustreceive applicant’s responseto this letter within six monthsof the issue date below orthe application will be abandoned.
`Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appearsat the end ofthis
`Office action.
`
`Issue date: November16, 2021
`
`On May 12, 2021, action on this application was suspended pendingthe disposition of U.S. Application Serial No. 88533704. The referenced
`pending application has abandonedandis no longera potential bar to the registration of applicant’s mark.
`Accordingly,registration is now refused as follows:
`
`REFUSAL- Likelihood of Confusion
`
`Registration of the applied-for mark is refused becauseofa likelihood of confusion with the mark in U.S. Registration No. 6486858. Trademark
`Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seg. See the attached registration.
`
`Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered markthatit is likely consumers would be
`confused, mistaken, or deceived as to the commercial source of the goods and/orservices of the parties. See 15 U.S.C. §1052(d). Likelihood of
`confusion is determined on a case-by-case basis by applying the factors set forth in Jn re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361,
`177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”). In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747
`(Fed. Cir. 2017). Any evidenceof record related to those factors need be considered; however,“notall of the DuPontfactors are relevant or of
`similar weight in every case.” In re Guild Mortg. Co., 912 F.3d 1376, 1379, 129 USPQ2d 1160, 1162 (Fed. Cir. 2019) (quoting Jn re Dixie
`Rests., Inc., 105 F.3d 1405, 1406, 41 USPQ2d 1531, 1533 (Fed. Cir. 1997)).
`
`Althoughnotall du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis: (1) the
`similarities between the compared marksand(2) the relatedness of the compared goodsand/orservices. See In re i.am.symbolic, llc, 866 F.3d at
`1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc. , 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002));
`Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated
`by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the
`marks.”); TMEP §1207.01.
`
`Marksaresimilar
`
`The marksare similar in that they share the same
`Applicant’s mark is FREE ‘N CLEARandthe registrant’s mark is FREE & CLEAR.
`identical terms “FREE” and “CLEAR”. Moreover, the “N” and “&”in the respective marks have the same meaningin that both mean
`“and.” See attached definitions from Merriam-Webster dictionary. Accordingly, the marksare highly similar in appearance and in commercial
`impression. Marks may be confusingly similar in appearance where similar termsor phrases or similar parts of terms or phrases appear in the
`compared marksandcreate a similar overall commercial impression. See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce , 228
`USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n , 811 F.2d 1490,
`1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASHconfusingly similar); In re Corning Glass Works,
`229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLSconfusingly similar); Jn re Pellerin Milnor Corp., 221 USPQ 558,
`560 (TTAB 1983) (finding MILTRON and MILLTRONICSconfusingly similar); TMEP §1207.01(b)(ii)-(iii).
`
`Goodsarelegally identical in part / otherwise related
`Applicant’s goods are “All purpose cleaners; cleaning preparations for commercial and industrial use; hard surface cleaning preparations;
`deodorizing cleaning preparations for hard surfaces; commercial dishwashing detergents; cleaning preparations for commercial and industrial
`use; All purpose deodorizing preparations for household, commercial or industrial use; household deodorizers for hard surfaces; hard surface
`disinfectant cleaners; industrial and commercial disinfectant cleaners; disinfectant cleaners for commercial and industrial use comprising
`bactericidal, fungicidal, mildewcidal, tuberculocidal and virucidal properties; all purpose disinfecting and sanitizing cleaners.” The registrant’s
`goodsare “Air fragrancing preparations; air fragrancing preparations for use in automobiles and vehicles; deodorizing preparations; air purifying
`preparations; air deodorizing and purifying preparations for use in automobiles and vehicles.”
`
`Determininglikelihood of confusion is based on the description of the goods and/or services stated in the application and registration at issue, not
`on extrinsic evidence of actual use. See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing Jn re
`i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).
`
`In this case, applicant’s “purpose deodorizing preparations for household, commercial or industrial use” and “household deodorizers for hard
`surfaces” are set forth broadly such that they are presumedto include the “air deodorizing preparations”set forth in the priorregistration.
`See,
`e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025
`(TTAB 2015). Thus, applicant’s and registrant’s goodsare in part legally identical.
`See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629
`(TTAB2018)(citing Tuxedo Monopoly, Inc. v. Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter
`
`

`

`IKEASys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am.Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9
`(TTAB 2004).
`
`Additionally, the goods and/orservices of the parties have norestrictions as to nature, type, channelsof trade, or classes of purchasers and are
`“presumedto travel in the same channels of trade to the sameclass of purchasers.” Jn re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905,
`1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).
`Thus, applicant’s and registrant’s goods and/or servicesare related.
`
`Asto the remaining goods, the trademark examining attorney has attached evidence from the USPTO’s X-Search database consisting of a
`numberofthird-party marks registered for use in connection with the same or similar goodsas those of both applicant andregistrant in this case.
`For example, this evidence showsthat the goodslisted therein, namely air deodorizing preparations and cleaners suchasall purposecleaners, are
`of a kind that may emanate from a single source under a single mark. See Jn re I-Coat Co., 126 USPQ2d 1730, 1737 (TTAB 2018) (citing Jn re
`Infinity Broad. Corp., 60 USPQ2d 1214, 1217-18 (TTAB 2001); Jn re Albert Trostel & Sons Co.,29 USPQ2d 1783, 1785-86 (TTAB 1993); In re
`Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988)); TMEP §1207.01(d)(iii).
`
`Becauseofthe similarities between the marks and the goods and/orservices of the parties, a likelihood of confusion is created.
`
`Although applicant’s mark has been refused registration, applicant may respondto the refusal(s) by submitting evidence and arguments in
`support of registration.
`
`If applicant respondsto the refusal, applicant must also respond to the requirementset forth below.
`
`Identification of Goods — Class 3
`
`Applicantis advised to delete or modify the duplicate entry in the identification of goods and/or servicesin International Class 3 for “cleaning
`preparations for commercial and industrial.” See generally TMEP §§1402.01, 1402.01(a). If applicant does not respondto this issue, be advised
`that the USPTO will remove duplicate entries from the identification priorto registration.
`
`If modifying one of the duplicate entries, applicant may amendit to clarify or limit the goods and/or services, but not to broaden or expand the
`goods and/orservices beyondthosein the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also,
`generally, any deleted goods and/orservices maynotlater be reinserted. TMEP §1402.07(e).
`
`Please call or email the assigned trademark examining attorney with questions about this Office action.
`
`Howto respond. Click to file a response to this nonfinal Office action.
`
`/Daniel Brody/
`Managing Attorney
`Law Office 115
`
`(571) 272-9724
`Daniel.Brody@uspto.gov
`
`RESPONSE GUIDANCE
`e Missing the response deadline to this letter will cause the application to abandon. A responseor notice of appeal must be received by
`the USPTO before midnight Eastern Time of the last day of the response period. TEAS and ESTTA maintenance or unforeseen
`circumstances could affect an applicant’s ability to timely respond.
`
`e Responses signed by an unauthorized party are not accepted and can cause the application to abandon. If applicant does not have an
`attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic
`applicant. If applicant has an attorney, the response must be signed bythe attorney.
`
`e If needed, find contact information for the supervisorofthe office or unit listed in the signature block.
`
`

`

`Print: Nov 16, 2021
`
`88533704.
`
`DESIGN MARK
`
`Serial Number
`88533704
`
`Status
`REGISTERED
`
`Word Mark
`FREE & CLEAR
`
`Standard Character Mark
`Yes
`
`Registration Number
`6486858
`
`Date Registered
`2021/09/14
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`(4) STANDARD CHARACTER MARK
`
`Owner
`INC. CORPORATION DELAWARE 44 OLD RIDGEBURY ROAD
`ENERGIZER AUTO,
`DANBURY CONNECTICUT 06819
`
`Goods/Services
`G & 3:
`Us O01 004 006 O50 051 052.
`Class Status -- ACTIVE. I 003.
`Air fragrancing preparations; air fragrancing preparations for use in
`automobiles and vehicles. First Use: 2002/03/10. First Use In
`Commerce: 2020/03/19.
`
`Goods/Services
`9905 9006 018 O44 946 051 052.
`US
`IC 005.
`Glass Status -- ACTIVE.
`& 8: Air deodorizing preparations; air purifying preparations; air
`deodorizing and purifying preparations for use in automobiles and
`vehicles. First Use: 2020/03/10. First Use In Commerce: 2020/03/10.
`
`&
`
`Filing Date
`2019/07/24
`
`Examining Attorney
`FALK,
`JONATHAN ROBERT
`
`-1-
`
`

`

`Print: Nov 16, 2021
`
`88533704.
`
`Attomey of Record
`Andrea J Mealey
`
`

`

`FREE & CLEAR
`
`

`

`EXHIBIT C
`
`

`

`ited States of Amey
`Gnuited States Patent and Trademark Office
`
`lly
`
`FREE & CLEAR
`
`Reg.No. 6,486,858
`
`Registered Sep. 14, 2021
`
`ENERGIZER AUTO, INC. (DELAWARE CORPORATION)
`44 Old Ridgebury Road
`Danbury, CONNECTICUT06810
`
`Int. Cl.: 3, 5
`
`Trademark
`
`Principal Register
`
`fragrancing preparations; air
`CLASS 3: Air
`automobiles and vehicles
`
`fragrancing preparations for use in
`
`FIRST USE3-10-2002; INCOMMERCE3-10-2020
`
`CLASS 5: Air deodorizing preparations; air purifying preparations; air deodorizing and
`purifying preparations for use in automobiles and vehicles
`
`FIRST USE3-10-2020; IN COMMERCE3-10-2020
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO
`
`ANY PARTICULAR FONTSTYLE, SIZE OR COLOR
`
`SER. NO. 88-533,704, FILED 07-24-2019
`
`
`
`Performing the Functions and Duties ofthe
`Under Secretary of Commerce for Intellectual Property and
`Director of the United States Patent and Trademark Office
`
`
`
`

`

`REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
`
`DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
`
`WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOTFILE THE
`
`Requirements in the First Ten Years*
`What and Whento File:
`
`¢ First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
`years after the registration date. See 15 U.S.C. §§1058, 1141k.
`If the declaration is accepted,
`the
`registration will continue in force for the remainder of the ten-year period, calculated from the registration
`date, unless cancelled by an order of the Commissioner for Trademarksor a federal court.
`
`¢ Second Filing Deadline: You mustfile a Declaration of Use (or Excusable Nonuse) and an Application
`for Renewal between the 9th and 10th yearsafter the registration date.* See 15 U.S.C. §1059.
`
`Requirements in Successive Ten-Year Periods*
`What and Whento File:
`
`and an Application for Renewal
`file a Declaration of Use (or Excusable Nonuse)
`* You must
`between every 9th and 10th-year period, calculated from the registration date.*
`
`Grace Period Filings*
`
`The above documents will be accepted as timely if filed within six monthsafter the deadlines listed above with the
`paymentof an additionalfee.
`
`*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an
`extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or
`Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO). The
`time periods for filing are based on the U.S. registration date (not the international registration date). The
`deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally
`issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations do notfile
`renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying international
`registration at the International Bureau of the World Intellectual Property Organization, under Article 7 of the
`Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the date of the
`international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the international
`registration, see http://www.wipo.int/madrid/en/.
`
`NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
`USPTO website for further information. With the exception of renewal applications for registered
`extensions of protection, you can file the registration maintenance documents referenced above online at
`http://www.uspto.gov.
`
`NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
`owners/holders who authorize e-mail communication and maintain a current e-mail address with the
`USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
`Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
`available at http://www.uspto.gov.
`
`Page: 2 of 2/ RN # 6486858
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`EXHIBIT D
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`
`
`HOUSEKEEPING
`
`DISINFECTANTS/CLEANERS
`
`LIQUIDS
`
`DiamondDeodorizer Disinfectant #160
`
`Effectively cleans, deodorizes and disinfects in hospitals,
`nursing homes, schools, food processing plants, food service
`establishments, or wherever housekeeping is of prime impor-
`tance. For disinfection and heavy duty cleaning of all
`inanimate hard surfaces. Deodorizes even the foulest of odors.
`Helps control mildew and bacteria growth. Available with
`Lemon orPine Fragrance and unscented. E.P.A. registered.
`Dilution Rate: 4.5 oz./gl. water to disinfect.
`
`Mint 2000Disinfectant
`
`Effectively cleans, deodorizes and disinfects in hospitals,
`nursing homes, schools, food processing plants, food service
`establishments, or wherever housekeeping is of prime impor-
`tance. For disinfection and heavy duty cleaning of all
`inanimate hard surfaces. Deodorizes even the foulest of
`odors. Helps control mildew and bacteria growth. E.P.A.
`registered.
`Dilution Rate: 4.5 oz./gl. water to disinfect.
`
`Diamond Pine Odor Cleaner Disinfectant #5
`
`This is a concentrated broad spectrum cleaner, disinfectant
`and deodorizer designed for use in all
`locations where
`housekeeping is of prime importance. It is formulated to
`clean and disinfect hard surfaces such as walls, floors, toilet
`bowls, chairs, public telephones, and garbage receptacles,
`in hospitals, nursing homes, hotels, schools, stables and
`kennels. E.P.A. registered. U.S.D.A. authorized.
`Dilution Rate: 2 oz./gl. water to disinfect.
`
`Diamond Cleaner Disinfectant #32
`
`A cleaner, disinfectant and sanitizer which is designed for
`use in hospitals, nursing homes, hotels, schools, food
`processing plants and allinstitutions where housekeepingis
`of prime importance. When used in the recommended
`dilution ratios, Diamond Cleaner Disinfectant #32 exhibits
`effective disinfection activity vs. Enterobacter aerogenes,
`Escherichia coli, Klebsiella pneumoniae and many other
`pathogenic gram negative
`and gram positive
`microorganisms, viruses, molds, mildews and other fungi.
`Diamond Cleaner Disinfectant #32, when used on hard,
`non-poroussurfaces, prevents and controls mold and mildew
`and related odors. E.P.A. registered and U.S.D.A.
`authorized.
`Dilution Rate: 2 oz./gl. water to disinfect.
`3 oz./gl. water for hospital disinfecting.
`
`Diamond Disinfectant 1000
`
`A highly concentrated quaternary disinfectant and sanitizer.
`DiamondDisinfectant 1000 is designed specifically for use in
`hospitals, food processing plants, dairies, restaurants, bars,
`nursing homes and other similar institutions. Diamond
`Disinfectant 1000 can be used asa rinse free sanitizer. Used
`in accordance with directions proves Diamond Disinfectant
`1000 to be an effective bactericide and viricide in the
`presence of 5% blood serum. This product helps prevent and
`control mold and mildew and the odors they cause. Diamond
`Disinfectant 1000 can be used as a sanitizerin the final sink
`of a’bar glass washing operation. E.P.A. registered.
`Dilution Rate: 3 oz./5 gl. water to disinfect.
`3.5 oz./5 gl. water for hospital
`disinfecting.
`
`

`

`Diamond Dia Quat #20
`
`Mint, Cherry, Lemon Deodorant
`
`A highly effective one-step quaternary disinfectant, sanitizer,
`cleaner, deodorizer. Kills HIV-1 on pre-cleaned environmental
`surfaces when used as directed. Dia Quat #20is effective in
`water up to 400 PPM hardness. Dia Quat #20 when used on
`hard, non-porous surfaces provides excellent mold, mildew
`and odor control. Aids in the reduction of cross contamina-
`tion. E.P.A. registered.
`Dilution Rate: 1 oz./gl. water to disinfect.
`Stargquat 256 Hospital Grade Disinfectant
`
`—
`
`sanitizer,
`A super concentrated quaternary disinfectant,
`cleaner, mildewstat deodorizer.Kills HIV-1 on all pre-cleaned
`environmental hard surfaces when used as directed. Starquat
`256 is designed to be used in hospitals, nursing homes,
`schools, food processing plants, food service establishments
`andin all institutions where housekeeping is of prime impor-
`tance in controlling cross contamination. Starquat 256
`exhibits effective disinfectant activity against all common
`organisms and meets
`all
`requirements
`for hospital use.
`Starquat 256 exhibits effective virucidal activity against
`Asian flu, Herpes simplex and vaccinia virus.
`Dilution Rate: .5 oz./gl. water for regular and
`hospital disinfecting.
`D’STAT Phenolic Broad Spectrum Disinfectant
`is a phenolic cleaner disinfectant, deodorant which
`D’Stat
`qualifies for hospital use. When applied with a mop, sponge,
`cloth or bowl mop to pre-cleaned, hard, non-porous,
`inani-
`mate
`surfaces, D’Stat
`is
`an effective Tuberculocide,
`Tseudomonacide, and Staphylocide. E.P.A. registered.
`Dilution Rate: 1 oz./gl. water to disinfect.
`
`Free N’ Clear Disinfectant Cleaner RTU
`A ready-to-use spray disinfectant/cleaner. Effective against TB
`as well as all common organisms. Kills HIV-1 on all pre-cleaned
`environmental hard surfaces. Free N’ Clear cleans surfaces
`while helping to control cross contamination. E.P.A. registered.
`DEODORANTS AND
`ODOR COU