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.
POLAR AIR
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.
Color is not claimed as a feature of the mark.
Trademark: 97768444
