PTO Form 1960 (Rev 9/2007) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85742394 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85742394 |
LITERAL ELEMENT |
HOW TO AWESOME |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (037)(current) |
INTERNATIONAL CLASS |
037 |
DESCRIPTION |
Monitoring of home and business security systems, namely, safety systems that provide detection, monitoring and alerts regarding
intrusions, fire, flooding, hazardous gases and temperature levels; and installation, maintenance and repair of home and business security and environmental remote monitoring, detection, notification
and control equipment, computer hardware, audio-video systems and components thereof; Internet-based social networking services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (037)(proposed) |
INTERNATIONAL CLASS |
037 |
TRACKED TEXT DESCRIPTION |
Monitoring of home and business security systems, namely, safety systems that provide detection,
monitoring and alerts regarding intrusions, fire, flooding, hazardous gases and temperature levels; Installation, maintenance and repair of home and business
security and environmental remote monitoring, detection, notification and control equipment, computer hardware, audio-video systems and components thereof; and
installation, maintenance and repair of home and business security and environmental remote monitoring, detection, notification and control equipment, computer hardware, audio-video systems and
components thereof; Internet-based social networking services |
FINAL DESCRIPTION |
Installation, maintenance and repair of home and business security and environmental remote monitoring, detection, notification and
control equipment, computer hardware, audio-video systems and components thereof |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (045)(class added) |
INTERNATIONAL CLASS |
045 |
DESCRIPTION |
Monitoring of home and business security systems, namely safety systems that provide detection, monitoring and alerts regarding
intrusions, fire, flooding, hazardous gases and temperature levels; internet-based social networking services |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
FEE PER CLASS |
325 |
TOTAL FEES DUE |
325 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Mitchell H. Stabbe/ |
SIGNATORY'S NAME |
Mitchell H. Stabbe |
SIGNATORY'S POSITION |
Attorney of Record, DC Bar Member |
SIGNATORY'S PHONE NUMBER |
202-478-7378 |
DATE SIGNED |
09/26/2013 |
RESPONSE SIGNATURE |
/Mitchell H. Stabbe/ |
SIGNATORY'S NAME |
Mitchell H. Stabbe |
SIGNATORY'S POSITION |
Attorney of Record, DC Bar Member |
SIGNATORY'S PHONE NUMBER |
202-478-7378 |
DATE SIGNED |
09/26/2013 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Sep 26 13:05:57 EDT 2013 |
TEAS STAMP |
USPTO/RFR-XX.XX.X.XX-2013
0926130557166678-85742394
-500a978abbc4c2318dc3bd4b
783bbabf03e72b53b2a31538b
cfe27c28ca731d5a8-DA-1810
0-20130926125750973246 |
PTO Form 1960 (Rev 9/2007) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
85742394 HOW TO AWESOME(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85742394) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Monitoring of home and business security systems, namely, safety systems that provide detection, monitoring and alerts regarding intrusions, fire, flooding, hazardous
gases and temperature levels; and installation, maintenance and repair of home and business security and environmental remote monitoring, detection, notification and control equipment, computer
hardware, audio-video systems and components thereof; Internet-based social networking services
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Monitoring of home and business security systems, namely, safety systems that provide detection, monitoring and alerts regarding
intrusions, fire, flooding, hazardous gases and temperature levels;
Installation, maintenance and repair of home and business security and environmental remote
monitoring, detection, notification and control equipment, computer hardware, audio-video systems and components thereof;
and installation, maintenance and
repair of home and business security and environmental remote monitoring, detection, notification and control equipment, computer hardware, audio-video systems and components thereof;
Internet-based social networking servicesClass 037 for Installation, maintenance and repair of home and business security and environmental remote monitoring,
detection, notification and control equipment, computer hardware, audio-video systems and components thereof
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Applicant hereby adds the following class of goods/services to the application:
New: Class 045 for Monitoring of home and business security systems, namely safety systems that provide detection, monitoring and alerts regarding intrusions, fire, flooding, hazardous gases
and temperature levels; internet-based social networking services
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
FEE(S)
Fee(s) in the amount of $325 is being submitted.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company
or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and
2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is
seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing
date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37
C.F.R. Sec. 2.44. 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 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; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and
all statements in the original application and this submission made on information and belief are believed to be true.
Signature: /Mitchell H. Stabbe/ Date: 09/26/2013
Signatory's Name: Mitchell H. Stabbe
Signatory's Position: Attorney of Record, DC Bar Member
Signatory's Phone Number: 202-478-7378
Request for Reconsideration Signature
Signature: /Mitchell H. Stabbe/ Date: 09/26/2013
Signatory's Name: Mitchell H. Stabbe
Signatory's Position: Attorney of Record, DC Bar Member
Signatory's Phone Number: 202-478-7378
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
RAM Sale Number: 85742394
RAM Accounting Date: 09/26/2013
Serial Number: 85742394
Internet Transmission Date: Thu Sep 26 13:05:57 EDT 2013
TEAS Stamp: USPTO/RFR-XX.XX.X.XX-2013092613055716667
8-85742394-500a978abbc4c2318dc3bd4b783bb
abf03e72b53b2a31538bcfe27c28ca731d5a8-DA
-18100-20130926125750973246