Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78656443
Filing Date: 06/22/2005

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of SMARTHOME.

The applicant, SMARTHOME, INC., a corporation of California, residing at 16542 Millikan Avenue, Irvine, California, United States, 92606, requests registration of the trademark/service mark identified above 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.

The applicant, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

      International Class 035: Online retail store services featuring home automation, enhancement and control products; and mail order catalog services in the field of home automation, enhancement and control products.

In International Class 035, the mark was first used at least as early as 00/00/1993, and first used in commerce at least as early as 00/00/1993, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Page from applicant's web site..

      Specimen - 1

The applicant hereby appoints Veronica Colby Devitt and E. Lynn Perry, Becky L. Troutman, John K. Uilkema, Marlene J. Williams of Thelen Reid & Priest LLP, P.O. Box 190187, San Francisco, California, United States, 94119-0187 to submit this application on behalf of the applicant. The attorney docket/reference number is 031721-87.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: trademark@thelenreid.com.

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 class(es).

Declaration

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, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; 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/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.



Signature: /Veronica Colby Devitt/   Date: 06/22/2005
Signatory's Name: Veronica Colby Devitt
Signatory's Position: Attorney for Applicant


Mailing Address:
     Veronica Colby Devitt
     P.O. Box 190187
     San Francisco, California 94119-0187

RAM Sale Number: 662
RAM Accounting Date: 06/23/2005

Serial Number: 78656443
Internet Transmission Date: Wed Jun 22 19:16:08 EDT 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20050622191608552762
-78656443-2002b3b34f62d91eda4bc74ec546ef
755a-DA-662-20050622191431618826