Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: YOUR LIFE. OUR ENERGY.
SERIAL NUMBER: 77103003

This Allegation of Use is being filed after a Notice of Allowance has issued.
An Extension of Time form is being filed with the Allegation of Use.

The applicant, Xcel Energy Inc., having an address of 800 Nicollet Mall Suite 2900, Minneapolis, Minnesota United States 55402, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 035:
Current identification: Billing services, including, design and management of group billing services for group utility bills and structured flat rate pricing options for utility bill payment; energy outsourcing; bill management services, namely, analyzing utility bills to identify and resolve billing errors; business relocation services, namely, allowing individuals who are moving to transfer home services to the new location by contacting multiple third party vendors through a consumer service representative in order to facilitate their move; public gas and electric utility energy management consultation for commercial and industrial customers, namely, consultation concerning alternative fuel and energy back-up programs, load balancing programs, energy supply management and energy conservation programs; online retail store services featuring energy-efficient showerheads, energy-efficient lighting products, and energy-efficient appliances; promoting the goods and services of others through the administration of air conditioning rebate programs, energy saving rebate programs, and time of use saving programs; accounting services related to energy use; utility billing services in the nature of utility bill direct payment services, electronic billing for utility bills; electric utility services in the nature of offering incentive pricing for controlled use of electricity during specific hours, and other energy relief appliances; retail store services featuring energy efficient appliances, wholesale distributorships featuring energy efficient appliances; energy conservation consultation, consultation in the field of energy use and regarding energy efficient appliances such as air conditioning and furnaces; promoting public awareness of the need for energy conservation and efficient electricity utilization by businesses through energy audits and consultation in the effects of energy efficient lighting, energy efficient air conditioning, energy efficient refrigeration, energy efficient motors and controls, window glazing, and energy conservation and home energy audits; promoting public awareness of the need for appliance rebates, energy efficient lighting for homes, air conditioning load control, appliance recycling, and special time-of-day rates; consultation and analysis regarding energy efficiency and customer's usage management of electric and gas utility services, namely, energy use analysis, energy profiling and monitoring, controlling energy costs and usage; administering residential and commercial energy usage management programs, energy usage by appliances, administered through traditional methods and web enabled tools and the Internet; administering energy efficiency and energy usage management programs, namely, energy load control programs, energy scheduling programs, and energy rate analysis services; provision of information in the field of energy usage management distributed through the Internet

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: Billing services, including, design and management of group billing services for group utility bills and structured flat rate pricing options for utility bill payment; energy outsourcing; bill management services, namely, analyzing utility bills to identify and resolve billing errors; business relocation services, namely, allowing individuals who are moving to transfer home services to the new location by contacting multiple third party vendors through a consumer service representative in order to facilitate their move; consultation concerning alternative fuel and energy back-up programs, load balancing programs, energy supply management; online retail store services featuring energy-efficient showerheads, energy-efficient lighting products, and energy-efficient appliances; accounting services related to energy use; electric utility services in the nature of offering incentive pricing for controlled use of electricity during specific hours, and other energy relief appliances; retail store services featuring energy efficient appliances, wholesale distributorships featuring energy efficient appliances; energy conservation consultation, consultation in the field of energy use and regarding energy efficient appliances such as air conditioning and furnaces; promoting public awareness of the need for energy conservation and efficient electricity utilization by businesses through energy audits and consultation in the effects of energy efficient lighting, energy efficient air conditioning, energy efficient refrigeration, energy efficient motors and controls, window glazing, and energy conservation and home energy audits; promoting public awareness of the need for appliance rebates, energy efficient lighting for homes, air conditioning load control, appliance recycling, and special time-of-day rates; consultation and analysis regarding energy efficiency and customer's usage management of electric and gas utility services, namely, energy use analysis, energy profiling and monitoring, controlling energy costs and usage; administering residential and commercial energy usage management programs, energy usage by appliances, administered through traditional methods and web enabled tools and the Internet; administering energy efficiency and energy usage management programs, namely, energy load control programs, energy scheduling programs, and energy rate analysis services; provision of information in the field of energy usage management distributed through the Internet.

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: Public gas and electric utility energy management consultation for commercial and industrial customers, namely, energy conservation programs; promoting the goods and services of others through the administration of air conditioning rebate programs, energy saving rebate programs, and time of use saving programs; utility billing services in the nature of utility bill direct payment services, electronic billing for utility bills. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/15/2007, and first used in commerce at least as early as 02/15/2007, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) advertisement.
Specimen File1

For International Class 036:
Current identification: Brokerage services, namely, energy trading; risk management; energy hedging, commodity purchasing and rate negotiation; bill payment services; automatic payment services, including, automatic payment deductions for utility bills; financing services for energy products including, heating equipment, furnaces, refrigeration equipment, electrical systems, appliances, air conditioning apparatus, boilers, cooling, compressed air, motors, lighting, refrigeration door control

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: Brokerage services, namely, energy trading; risk management; energy hedging, commodity purchasing and rate negotiation; financing services for energy products including, heating equipment, furnaces, refrigeration equipment, electrical systems, appliances, air conditioning apparatus, boilers, cooling, compressed air, motors, lighting, refrigeration door control.

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: Bill payment services; automatic payment services, including, automatic payment deductions for utility bills. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/15/2007, and first used in commerce at least as early as 02/15/2007, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) advertisement.
Specimen File1

For International Class 039:
Current identification: Public utility services in the nature of electricity and natural gas transmission; transmission of natural gas and liquefied natural gas through pipeline; storage of natural gas and liquefied natural gas; provision of information in the field of energy transmission distributed through the Internet

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/15/2007, and first used in commerce at least as early as 02/15/2007, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) advertisement.
Specimen File1

For International Class 042:
Current identification: Automated energy services, namely, remote monitoring and thermostatic control of energy utilization; in-person troubleshooting special power supply requirements for customers having sensitive electronic equipment and assessing power supply requirements and problems for sensitive electronic equipment

This entire class is to either be deleted from the application OR processed according to a separately filed Request to Divide.



A fee payment in the amount of $300 will be submitted with the form, representing payment for 3 classes.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /gcg/      Date Signed: 11/06/2008
Signatory's Name: Gregory C. Golla
Signatory's Position: Attorney of Record, Minnesota bar member

RAM Sale Number: 6716
RAM Accounting Date: 11/06/2008

Serial Number: 77103003
Internet Transmission Date: Thu Nov 06 11:18:10 EST 2008
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-200811061118102
15457-77103003-400e82ec7a2ad42588368fbbd
4a42ef9-CC-6716-20081106104114199915