Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

---

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85727954 DOMINION (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85727954) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: DOMINION (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85727954)
Proposed: DOMINION (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the word DOMINION with a hand and sun and ray design on a partial oval design.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Process control system, namely, hardware and software used to monitor the status of and adjust power generation and electrical distribution on a power grid; Software for use in smart grid and other electric utility applications from production through consumption, namely, for providing electrical energy management systems, integration and management of utility energy assets for electrical generation, renewable energy generation, transmission, storage, distribution and consumption, energy load management and control, energy demand management and control, electrical consumption monitoring and control, electric grid monitoring and control; computer, communications and sensor hardware and electrical grid devices for use in smart grid and other electric utility applications from production through consumption, namely, electrical energy management systems, integration and management of utility energy assets for electrical generation, renewable energy generation, transmission, storage, distribution and consumption, energy load management and control, energy demand management and control, electrical consumption monitoring and control, electric grid monitoring and control

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Business consultation in the field of efficient energy use, power demand control, and building and facilities management for others; providing billing services for utilities; management assistance services in the area of energy needs of industry; operation of a business for others, namely, a power plant; energy management services, namely, developing plans for meeting future energy needs; promoting public awareness of the need for renewable energy and clean energy technologies and promoting the interests of renewable energy technology developers, namely, administering a program pursuant to which residential and non-residential electric utility customers contribute funds which utility company uses to purchase renewable energy credits to promote development of renewable energy technologies; Providing a web-based on-line portal that provides customer access to their electric bill account information, energy usage pattern information, and energy consumption and usage data, for purposes of utility account business management and energy usage management; Providing business, business organization and operation, energy efficiency, and energy cost price analysis consulting services to data centers
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/00/1999 and first used in commerce at least as early as 10/00/1999 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Business consultation in the field of efficient energy use, power demand control, and building and facilities management for others; providing billing services for utilities; management assistance services in the area of energy needs of industry; operation of a business for others, namely, a power plant; energy management services, namely, developing plans for meeting future energy needs; energy usage management services, namely, developing plans for meeting future energy needs; promoting public awareness of the need for renewable energy and clean energy technologies and promoting the interests of renewable energy technology developers, namely, administering a program pursuant to which residential and non-residential electric utility customers contribute funds which utility company uses to purchase renewable energy credits to promote development of renewable energy technologies; Providing a web-based on-line portal that provides customer access to their electric bill account information, energy usage pattern information, and energy consumption and usage data, for purposes of utility account business management and energy usage management; Providing business, business organization and operation, energy efficiency, and energy cost price analysis consulting services to data centersClass 035 for Business consultation in the field of efficient energy use, power demand control, and building and facilities management for others; providing billing services for utilities; management assistance services in the area of energy needs of industry; operation of a business for others, namely, a power plant; energy usage management services, namely, developing plans for meeting future energy needs; promoting public awareness of the need for renewable energy and clean energy technologies and promoting the interests of renewable energy technology developers, namely, administering a program pursuant to which residential and non-residential electric utility customers contribute funds which utility company uses to purchase renewable energy credits to promote development of renewable energy technologies; Providing a web-based on-line portal that provides customer access to their electric bill account information, energy usage pattern information, and energy consumption and usage data, for purposes of utility account business management and energy usage management; Providing business, business organization and operation, energy efficiency, and energy cost price analysis consulting services to data centers
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/00/1999 and first used in commerce at least as early as 10/00/1999 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Brokerage of electricity and natural gas, financial investment services in the nature of a direct stock purchase and dividend reinvestment program relating to the stock of Dominion Resources, Inc.; providing extended warranties on appliances and electronics; philanthropic services concerning monetary donations
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/00/1999 and first used in commerce at least as early as 10/00/1999 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Brokerage of electricity and natural gas, financial investment services in the nature of a direct stock purchase and dividend reinvestment program relating to the stock of Dominion Resources, Inc.; providing extended warranties on appliances and electronics; providing extended warranty services, namely service contracts on appliances and electronics; philanthropic services concerning monetary donationsClass 036 for Brokerage of electricity and natural gas, financial investment services in the nature of a direct stock purchase and dividend reinvestment program relating to the stock of Dominion Resources, Inc.; providing extended warranty services, namely service contracts on appliances and electronics; philanthropic services concerning monetary donations
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/00/1999 and first used in commerce at least as early as 10/00/1999 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Mary Baril/     Date: 11/21/2012
Signatory's Name: Mary Baril
Signatory's Position: Attorney of Record - member of VA bar

Signatory's Phone Number: 8047751169

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 85727954
Internet Transmission Date: Wed Nov 21 12:48:35 EST 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201211211248358674
66-85727954-490a0bf3991e591d588a6f0b79af
13d5b2c-N/A-N/A-20121121124142956019