Response to Office Action

AQUILA

AQUILA MERCHANT SERVICES, INC.

Response to Office Action

PTO Form 1966 (Rev 9/2002)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78108576
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (1st class)(no change)
GOODS AND/OR SERVICES SECTION (2nd class)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
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; provision of energy-related products and services on the world-wide web; web site design and development and web hosting services; application service provider, namely, hosting computer software of others specifically in field of financial risk management; financial risk management
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (2nd class)(proposed)
INTERNATIONAL CLASS 042
DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (3rd class)(no change)
GOODS AND/OR SERVICES SECTION (4th class)(no change)
GOODS AND/OR SERVICES SECTION (5th class)(no change)
GOODS AND/OR SERVICES SECTION (6th class)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
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; providing commodity quotations; providing commodity-related information; 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; consulting with respect to commodities and commodities trading services; providing services relating to an on-line electronic pricing platform for hedging weather related risks; price quotation of commodities
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (6th class)(proposed)
INTERNATIONAL CLASS 035
DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (7th class)(current)
INTERNATIONAL CLASS 036
DESCRIPTION
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; business marketing consulting services for utility companies, energy service companies and energy marketers; business management and consulting 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; 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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (7th class)(proposed)
INTERNATIONAL CLASS 036
DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (8th class)(current)
INTERNATIONAL CLASS 037
DESCRIPTION
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; 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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (8th class)(proposed)
INTERNATIONAL CLASS 037
DESCRIPTION
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
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (9th class)(no change)
GOODS AND/OR SERVICES SECTION (10th class)(current)
INTERNATIONAL CLASS 039
DESCRIPTION
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; distributorship services in the field of natural gas, oil, natural gas liquids, liquefied petroleum gas, petrochemicals to and from others
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (10th class)(proposed)
INTERNATIONAL CLASS 039
DESCRIPTION
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
FILING BASIS Section 1(b)
SIGNATURE SECTION
SIGNATURE /Wade Kerrigan/
SIGNATORY NAME Wade Kerrigan
SIGNATORY POSITION Attorney
SIGNATORY DATE 12/01/2003
SIGNATURE /Wade Kerrigan/
SIGNATORY NAME Wade Kerrigan
SIGNATORY POSITION Attorney
SIGNATORY DATE 12/01/2003
FILING INFORMATION SECTION
SUBMIT DATE Mon Dec 01 16:44:26 EST 2003
TEAS STAMP USPTO/OA-XXXXXXXXXXX-2003
1201164426103118-78108576
-20050e6e105763701a503060
2640744297-N-N-2003120116
4403090668



PTO Form 1966 (Rev 9/2002)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 78108576 is amended as follows:    
        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 042 for 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; provision of energy-related products and services on the world-wide web; web site design and development and web hosting services; application service provider, namely, hosting computer software of others specifically in field of financial risk management; financial risk management
Original Filing Basis: 1(b).
Proposed: Class 042 for 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
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 035 for 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; providing commodity quotations; providing commodity-related information; 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; consulting with respect to commodities and commodities trading services; providing services relating to an on-line electronic pricing platform for hedging weather related risks; price quotation of commodities
Original Filing Basis: 1(b).
Proposed: Class 035 for 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
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 036 for 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; business marketing consulting services for utility companies, energy service companies and energy marketers; business management and consulting 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; 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
Original Filing Basis: 1(b).
Proposed: Class 036 for 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
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 037 for 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; 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
Original Filing Basis: 1(b).
Proposed: Class 037 for 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
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 039 for 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; distributorship services in the field of natural gas, oil, natural gas liquids, liquefied petroleum gas, petrochemicals to and from others
Original Filing Basis: 1(b).
Proposed: Class 039 for 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
Declaration Signature
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this amendment/response on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, and that the mark is in use in commerce, and was in use in commerce on the application filing date, on or in connection with the goods and/or services listed in the application; or, if the application is being filed under 15 U.S.C. Section 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce, and that the applicant has a bona fide intention, and had a bona fide intention on the application filing date, to use the mark in commerce on or in connection with the goods and/or services listed in the application; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods and/or services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true as set forth within the original application and/or the submitted amendment/response.
        
Signature: /Wade Kerrigan/      Date: 12/01/2003
Signatory's Name: Wade Kerrigan
Signatory's Position: Attorney
        
Response Signature
        
Signature: /Wade Kerrigan/     Date: 12/01/2003
Signatory's Name: Wade Kerrigan
Signatory's Position: Attorney
        
        
        
Serial Number: 78108576
Internet Transmission Date: Mon Dec 01 16:44:26 EST 2003
TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2003120116442610311
8-78108576-20050e6e105763701a50306026407
44297-N-N-20031201164403090668




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