Notice of Allowance

AQUILA

AQUILA MERCHANT SERVICES, INC.

Notice of Allowance


  
U.S. Patent and Trademark Office (USPTO)

NOTICE OF ALLOWANCE

NOTE:  If any data on this notice is incorrect, please fax a request for correction to the Intent to Use Unit at 703-746-3400.  Please include the serial number of your application on ALL correspondence with the USPTO.

ISSUE DATE:  Aug 31, 2004

Wade Kerrigan
Blackwell Sanders Peper Martin LLP
2300 Main, Suite 1000
Kansas City MO 64108
ATTORNEY
REFERENCE NUMBER

8000-4050

** IMPORTANT INFORMATION:  6 MONTH DEADLINE **

You filed the trademark application identified below based upon a bona fide intention to use the mark in commerce.  You must use the mark in commerce and file a Statement of Use (a.k.a. Allegation of Use) before the USPTO will register the mark.  You have six (6) MONTHS from the ISSUE DATE of this Notice of Allowance (NOA) to file either a Statement of Use, or if you are not yet using the mark in commerce, a Request for Extension of Time to File a Statement of use ("Extension Request").   If you file an extension request, you must continue to file a new request every six months until the Statement of Use is filed.  Applicant may file a total of five (5) extension requests.  FAILURE TO FILE A REQUIRED DOCUMENT DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF YOUR APPLICATION.

Please note that both the "Statement of Use " and "Extension Request" have many legal requirements including fees.  Therefore, we encourage use of the USPTO forms, available online at http://www.gov.uspto.report/teas/index.html (under "File a PRE-registration form"), to avoid the possible omission of important information.  Please note that the Trademark Electronic Application System (TEAS) provides line-by-line help instructions for completing the Extension Request or Statement of Use forms online.  If you do not have access to the Internet, you may call 1-800-786-9199 to request the printed form(s).

The following information should be reviewed for accuracy:

SERIAL NUMBER: 78/108576
MARK: AQUILA (AND DESIGN)
OWNER: AQUILA MERCHANT SERVICES, INC.
1100 WALNUT, SUITE 3300
KANSAS CITY , MISSOURI   64106

This application has the following bases, but not necessarily for all listed goods/services:
Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

004 - Energy commodities, namely, natural gas, crude oil, fuel oil, coal and liquid fuels, namely, liquified propane and natural gas liquids
016 - Printed publications, namely, newsletters, manuals and brochures featuring energy, utility and telecommunication information for the energy, utility and telecommunication industries
035 - Business management services in the nature of billing services; business management services in the nature of arranging for the creation, management, provision, acquisition, financing, operation and ownership of power facilities, fuel supply and distribution infrastructure, fuel transportation, electric transmission, power sales and energy usage by others; incentive programs to promote energy efficiency projects and the purchase of energy-efficient equipment to increase energy efficiency and save natural resources, through third-party financing, offered to customers of a public utility; procurement services, namely, purchasing for others electric power, natural gas, natural gas liquids, oil, liquefied petroleum gas, petrochemicals and other fuels; billing services; facilitating exchanges on the internet-based and other electronic exchanges for the purchase, sale and/or use management of energy, including electric power, natural gas, emissions credits and coal; wholesale distributorship services featuring power and its by-products, namely, power and its by-products generated from cogeneration, diesel fuel, natural gas, oil, natural gas liquids, liquefied petroleum as, coal, and related energy sources; consulting services relating to energy use, energy purchasing and energy efficiency; consulting services relating to the purchasing of industrial equipment and power cogeneration and other power supply equipment; energy use management; promoting public awareness of the need for energy conservation in industrial, commercial, government and residential facilities; management of energy use in industrial, commercial, government and residential facilities; consulting services regarding energy operations; business marketing consulting services for utility companies, energy service companies and energy marketers; business management services for the energy industry; business marketing consulting services in the field of buying, selling, and trading of electric power, natural gas, other fuels and fertilizers and chemicals
036 - Consulting services relating to risk management; cross-commodity pricing services; providing on-line energy commodities pricing, namely, providing brokerage of gas, oil, and electricity via the global computer network; consulting services for the energy industry; weather risk management services, namely, providing energy options so that distribution companies can manage wintertime weather and gas commodity price risk through an energy derivative call option where the value of the option is dependent upon the next day's weather forecast; providing extended warranty service contracts covering the maintenance and repair of residential appliances, plumbing, utility systems, computers, telephones, electronics components, plumbing, electrical systems, HVAC, utility systems, water heaters, water conditioners, telephones, telephone lines, cable television, internet services, computer networks, residential and commercial satellite receivers, home theaters, security systems, pools, spas, and irrigation and sprinkler systems; financial rebate program that enables customers to mitigate volume earnings exposure to various weather conditions in connection with energy usage; consulting services relating to credit risk analysis, credit insurance and credit derivative services; financial risk management; providing commodity quotations; providing commodity-related information; consulting with respect to commodities and commodities trading services; price quotation of commodities
037 - Installation and maintenance of computers, telephones, electronics components, plumbing, electrical systems, HVAC, utility systems, water heaters, water conditioners, telephones, telephone lines, cable television, internet services, computer networks, residential and commercial satellite receivers, home theaters, security systems, pools, spas, and irrigation and sprinkler systems; electrical contracting, construction and maintenance services, namely, installation, repair and maintenance of electric power transmission and distribution lines, electric utilities, natural gas pipelines, telecommunication and cable television lines; construction and erection of electric substations, cellular telephone and microwave towers; consulting services relating to the installation and maintenance of industrial equipment and power cogeneration and other power supply equipment; consulting services relating to the installation of computerized energy management systems
038 - Telecommunications services, namely, providing local and long distance telephone services and electronic transmission of information and data via a telecommunications network; providing wireless telephone services; internet service provider services, namely high-speed internet access services; providing telecommunications connections to a global computer network; and providing cable television broadcasting transmission services; and e-mail services; provision of financial-rebate program services related to broadband, namely enabling customers to mitigate volume earnings exposure to various weather conditions in connection with broadband usage by providing fixed-price replacement broadband capacity when a component failure, other emergency condition, or a system condition prevents the provision of delivery of broadband capacity
039 - Delivery of and making available for acquisition power and its by-products for and to others, namely, power and its by-products generated from cogeneration, diesel fuel, natural gas, oil, natural gas liquids, liquefied petroleum gas, coal, and related energy sources; providing and arranging for long-term natural gas, oil, natural gas liquids, liquefied petroleum gas, petrochemicals and refined petroleum products supply contracts; distribution of natural gas, oil, natural gas liquids, liquefied petroleum gas, petrochemicals to and from others
040 - Electric power generation from conventional and alternative energy sources; electrical utility services, namely, the generation of electricity; equipment leasing services for energy-related and energy using equipment, namely, leasing of heating, cooling, lighting and electric power generating systems and machinery, including turbines, boilers, generators, chilling plants and lighting equipment and controls; regulated and nonregulated utility services, namely, the production of electricity and natural gas
041 - Educational services, namely, providing seminars in the field of appliance and utility repair
042 - Consulting services relating to the design of industrial equipment and power cogeneration and other power supply equipment; electrical engineering service; consulting services relating to the design of computerized energy management systems; website design and development for others and web hosting services, namely hosting the web sites of others on a computer server for a global computer network; weather forecasting and reporting tailored to the needs of the energy industry and energy commodity markets; application service provider, namely, hosting computer software applications of others specifically in field of financial risk management

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED







ADDITIONAL INFORMATION MAY BE PRESENT IN THE USPTO RECORDS


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