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 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87021987 |
LAW OFFICE ASSIGNED |
LAW OFFICE 119 |
MARK SECTION |
MARK FILE NAME |
http://tmng-al.gov.uspto.report/resting2/api/img/87021987/large |
LITERAL ELEMENT |
DYNEGY |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Operating power plants; wholesale power distributor; retail electricity service provider |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 08/02/2016 |
FIRST USE IN COMMERCE DATE |
At least as early as 08/02/2016 |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Operating power plants; Retail electricity provider services,
namely, providing a service that allows customers to purchase energy, namely, electricity; wholesale power distributor; retail electricity service provider |
FINAL DESCRIPTION |
Retail electricity provider services, namely, providing a service that allows customers to purchase energy, namely, electricity |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 08/02/2016 |
FIRST USE IN COMMERCE DATE |
At least as early as 08/02/2016 |
GOODS AND/OR SERVICES SECTION (037)(class added) |
INTERNATIONAL CLASS |
037 |
DESCRIPTION |
Operating electrical power plants |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 08/02/2016 |
FIRST USE IN COMMERCE DATE |
At least as early as 08/02/2016 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPN0-1659738168-20160901155808878141_._Specimen-_Bird_Swoosh_Logo.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\870\219\87021987\xml8\ROA0002.JPG |
SPECIMEN DESCRIPTION |
screenshot of website using applied-for mark in relation to applied-for services |
GOODS AND/OR SERVICES SECTION (040)(class added) |
INTERNATIONAL CLASS |
040 |
DESCRIPTION |
Generation of power via power plants |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 08/02/2016 |
FIRST USE IN COMMERCE DATE |
At least as early as 08/02/2016 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPN1-1659738168-20160901155808878141_._Specimen-_Bird_Swoosh_Logo.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\870\219\87021987\xml8\ROA0003.JPG |
SPECIMEN DESCRIPTION |
screenshot of website using applied-for mark in relation to applied-for services |
PAYMENT SECTION |
NUMBER OF CLASSES |
2 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
550 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Wes Shields/ |
SIGNATORY'S NAME |
Wes Shields |
SIGNATORY'S POSITION |
Managing Director and Corporate Counsel |
SIGNATORY'S PHONE NUMBER |
713-507-6400 |
DATE SIGNED |
09/06/2016 |
RESPONSE SIGNATURE |
/J. Robert LeBlanc/ |
SIGNATORY'S NAME |
J. Robert LeBlanc |
SIGNATORY'S POSITION |
Attorney of record, Texas bar member |
SIGNATORY'S PHONE NUMBER |
2146515106 |
DATE SIGNED |
09/06/2016 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Sep 06 11:00:23 EDT 2016 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XXX-2
0160906110023427702-87021
987-5504dd0ea6e3bdaa8332f
849c7a26a4156cd5fd55faece
17e185997df46104c-CC-1032
8-20160901155808878141 |
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 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
87021987 DYNEGY (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/87021987/large) 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 035 for Operating power plants; wholesale power distributor; retail electricity service provider
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: 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 mark was first used at least as early as 08/02/2016
and first used in commerce at least as early as 08/02/2016 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Operating power plants;
Retail electricity provider services, namely, providing a service that
allows customers to purchase energy, namely, electricity;
wholesale power distributor;
retail electricity service
providerClass 035 for Retail electricity provider services, namely, providing a service that allows customers to purchase energy, namely, electricity
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: 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 mark was first used at least as early as 08/02/2016
and first used in commerce at least as early as 08/02/2016 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 037 for Operating electrical power plants
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: 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 mark was first used at least as early as 08/02/2016
and first used in commerce at least as early as 08/02/2016 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 037 . The specimen(s) submitted consists of screenshot of website using applied-for mark in relation to applied-for services .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPN0-1659738168-20160901155808878141_._Specimen-_Bird_Swoosh_Logo.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Applicant hereby adds the following class of goods/services to the application:
New: Class 040 for Generation of power via power plants
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: 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 mark was first used at least as early as 08/02/2016
and first used in commerce at least as early as 08/02/2016 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 040 . The specimen(s) submitted consists of screenshot of website using applied-for mark in relation to applied-for services .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPN1-1659738168-20160901155808878141_._Specimen-_Bird_Swoosh_Logo.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
FEE(S)
Fee(s) in the amount of $550 is being submitted.
SIGNATURE(S)
Declaration Signature
DECLARATION: 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, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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.
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.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. 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.
Signature: /Wes Shields/ Date: 09/06/2016
Signatory's Name: Wes Shields
Signatory's Position: Managing Director and Corporate Counsel
Signatory's Phone Number: 713-507-6400
Response Signature
Signature: /J. Robert LeBlanc/ Date: 09/06/2016
Signatory's Name: J. Robert LeBlanc
Signatory's Position: Attorney of record, Texas bar member
Signatory's Phone Number: 2146515106
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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder'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.
RAM Sale Number: 87021987
RAM Accounting Date: 09/06/2016
Serial Number: 87021987
Internet Transmission Date: Tue Sep 06 11:00:23 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2016090611002342
7702-87021987-5504dd0ea6e3bdaa8332f849c7
a26a4156cd5fd55faece17e185997df46104c-CC
-10328-20160901155808878141