Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 10/31/2017)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: VIVINT.SMARTHOME(Standard Characters, see http://uspto.report/TM/86890338/mark.png)
SERIAL NUMBER: 86890338



The applicant, Vivint, Inc., having an address of
      4931 North 300 West
      Provo, Utah 84604
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Home automation systems comprising wireless and wired controllers, controlled devices, and software for lighting, HVAC, security, safety and other home monitoring and control applications; home security systems comprising entry door touch pads, doorbell video, video recording, glass break detector, motion detector, security alarms, smoke detector, door and window sensors garage door control; electronic and wireless 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 electronic and wireless controllers 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 in the nature of fire alarm control panels and smoke detectors; Trouble alarms for residential and commercial buildings, namely, sound alarms, motion detectors for perimeters, doors and windows, panic buttons incorporated into a pendant for safety alert purposes and sensors for water flooding; 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, video monitors, video 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

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/17/2016, and first used in commerce at least as early as 02/17/2016, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photograph of packaging.

Original PDF file:
SPN0-20918088130-20171011172138878110_._18961-276_specimen_cl_9.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 035:
Current identification: 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

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/17/2016, and first used in commerce at least as early as 02/17/2016, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screenshot from website.
Specimen File1


For International Class 037:
Current identification: 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

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/17/2016, and first used in commerce at least as early as 02/17/2016, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screenshot from website.
Specimen File1


For International Class 042:
Current identification: 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

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/17/2016, and first used in commerce at least as early as 02/17/2016, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screenshot from website.
Specimen File1


For International Class 045:
Current identification: 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

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/17/2016, and first used in commerce at least as early as 02/17/2016, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) screenshot from website.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $500 will be submitted with the form, representing payment for the allegation of use for 5 classes.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged 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.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 submission 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.

Signature: /John C. Stringham, 40831/      Date Signed: 10/20/2017
Signatory's Name: John C. Stringham
Signatory's Position: Attorney of record, Utah bar member
Signatory's Phone: 801-533-9800

RAM Sale Number: 86890338
RAM Accounting Date: 10/20/2017

Serial Number: 86890338
Internet Transmission Date: Fri Oct 20 13:31:32 EDT 2017
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XXX-201710201331327
47431-86890338-510a9f6fe7f1a568efc889774
c3502b20f0b7fa20b2b488e5da42939dd967eb-C
C-13208-20171020132945475224