TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86890338

Filing Date: 01/28/2016

To the Commissioner for Trademarks:

MARK: VIVINT.SMARTHOME (Standard Characters, see mark)
The literal element of the mark consists of VIVINT.SMARTHOME.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Vivint, Inc., a corporation of Utah, having an address of
      4931 North 300 West
      Provo, Utah 84604
      United States

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, for the following:

       International Class 009:  Home automation systems; home security systems; control panels for security and home automation systems; Energy management systems comprising energy meters for tracking and monitoring energy usage and controls for limiting energy usage for small appliances; Climate control systems comprising digital thermostats; Lighting systems comprising lighting controls for limiting energy usage of lights; Building control systems comprising remote controlled devices for managing energy usage for heating, cooling, lights and small appliance; Fire and burglar alarms for residential and commercial buildings; gas alarms, namely, carbon monoxide detectors; emergency alarms, namely, emergency evacuation devices, namely, fire alarm control panels, smoke detectors; Trouble alarms for residential and commercial buildings, namely, sound alarms, motion detectors for perimeters, doors and windows, panic pendant and water sensors; Lighting systems, namely, lighting controls; Energy management systems, namely, electric controls for monitoring and adjusting energy usage; Video cameras; Video systems consisting of video cameras, monitors, recorders and video transmission apparatus; automation lock systems comprising electronic controls for monitoring and controlling electronic locking mechanisms; home and office HVAC automation systems comprising wireless and wired controllers, controlled devices, software and electronic control devices for monitoring and controlling home and office heating and cooling operations
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 035:  Door to door shopping in the field of burglar, trouble, security and /or fire alarms, building control, security and automation systems, HVAC automation and monitoring systems, energy management systems, lighting system controls, door locking systems, namely, those which are controlled and monitored through an alarm system panel or remotely through wireless communication, CCTV and video cameras
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 037:  : Installation and maintenance of building control and electromechanical security and automated systems, namely, HVAC systems, energy management systems, burglar, trouble, security and/or fire alarms, lighting systems, door locking systems that are controlled through an alarm system panel, CCTV and video cameras
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 042:  Consulting services in the field of home automation; Monitoring of building control and automation systems, namely, monitoring HVAC systems and monitoring of energy management systems
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 045:  Consulting services in the field of home security; Monitoring security systems; Monitoring burglar, trouble, fire and security alarm systems; Monitoring of door locking systems for security purposes, namely, providing intrusion and trouble alerts through wireless communication; Live monitoring for security purposes, namely, providing CCTV and video monitoring of facilities, viewable through a communications network
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4448243, 4560659, 4560660, and others.

The applicant's current Attorney Information:
      John C. Stringham and Rick D. Nydegger, Thomas R. Vuksinick, Jonathan W. Richards, John M. Guynn, Dana L. Tangren, Robyn L. Phillips, David R. Todd, David B. Dellenbach, Adrian J. Lee, Fraser D. Roy, Carl T. Reed, Peter F. Malen, Jens C. Jenkins, Michael J. Frodsham, J. LaVar Oldham, Matthew A. Barlow, Chad E. Nydegger, Shane K. Jensen, Matthew D. Todd, Scott A. Woodbury, Tom M. Bonacci, Gregory R. Lunt, Paul N. Taylor, Dustin Howell, Perry N. Brown, Timothy D. Nichols, Kirk C. Coombs, David P. Johnson, Justin J. Cassell of Workman Nydegger      60 East South Temple, Suite 1000
      Salt Lake City, Utah 84111
      United States
      801-533-9800(phone)
      801-328-1707(fax)
      jstringham@wnlaw.com (authorized)
The attorney docket/reference number is 18961.276.

The applicant's current Correspondence Information:

John C. Stringham

Workman Nydegger

60 East South Temple, Suite 1000

Salt Lake City, Utah 84111

801-533-9800(phone)

801-328-1707(fax)

jstringham@wnlaw.com;docketing@wnlaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /John C. Stringham, 40831/   Date: 01/28/2016
Signatory's Name: John C. Stringham
Signatory's Position: Attorney for applicant, Utah bar member
RAM Sale Number: 86890338
RAM Accounting Date: 01/29/2016

Serial Number: 86890338
Internet Transmission Date: Thu Jan 28 18:12:01 EST 2016
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201601281812014
70621-86890338-550ebdcdba825c3dd5d1c38a4
3691da33db424a332ba699f9244456f3276bb168
d-CC-5510-20160128173131818013