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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87389272 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION |
MARK |
http://uspto.report/TM/87389272/mark.png |
LITERAL ELEMENT |
PODIUM |
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 |
Door to door shopping services in the fields of lighting systems, thermostats, energy management systems, pests and environmental
predator control products, security alarm products, and solar energy system; consultation in the field of energy efficiency pertaining to solar and renewable energy; Repair, installation and
maintenance of automated systems for buildings, including, energy management systems, pest and environmental predator control systems, security alarm products, and solar energy systems; Repair and
installation of solar energy systems, pest and environmental predator control products, security alarm products, and alternative energy products, namely, for residential, commercial, and industrial
use; consulting in the repair and installation of solar energy systems, security alarm products, and alternative energy products for residential and commercial use |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (037)(proposed) |
INTERNATIONAL CLASS |
037 |
TRACKED TEXT DESCRIPTION |
Door to door shopping services in the fields of lighting systems, thermostats, energy management
systems, pests and environmental predator control products, security alarm products, and solar energy system; Repair, installation and maintenance of automated systems for
buildings, including, energy management systems, pest and environmental predator control systems, security alarm products, and solar energy systems; consultation in the field of energy efficiency pertaining to solar and renewable energy; Repair and installation of solar energy systems, pest and environmental
predator control products, security alarm products, and alternative energy products, namely, for residential, commercial, and industrial use; consulting in the
repair and installation of solar energy systems, security alarm products, and alternative energy products for residential and commercial use.; consulting in the
repair and installation of solar energy systems, security alarm products, and alternative energy products for residential and commercial use |
FINAL DESCRIPTION |
Repair, installation and maintenance of automated systems for buildings, including, energy management systems, pest and environmental
predator control systems, security alarm products, and solar energy systems; Repair and installation of solar energy systems, pest and environmental predator control products, security alarm
products, and alternative energy products, namely, for residential, commercial, and industrial use; consulting in the repair and installation of solar energy systems, security alarm products, and
alternative energy products for residential and commercial use. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(class added) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Providing door to door shopping services in the fields of lighting systems, thermostats, energy management systems, pests and
environmental predator control products, security alarm products, and solar energy systems; consultation in the field of energy efficiency pertaining to solar and renewable energy |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
This response is believed to have fully addressed all issues raised by the examiner in the Office Action in this application. This Application
is now believed to be in condition for approval for publication. Applicant appreciates the consideration given to this correspondence. If there is any outstanding issue regarding this application,
the examiner is invited to contact the undersigned by telephone. |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Preston C. Regehr/ |
SIGNATORY'S NAME |
Preston C. Regehr |
SIGNATORY'S POSITION |
attorney of record, Member of the Utah State Bar Association |
SIGNATORY'S PHONE NUMBER |
801-805-3688 |
DATE SIGNED |
06/21/2018 |
RESPONSE SIGNATURE |
/Preston C. Regehr/ |
SIGNATORY'S NAME |
Preston C. Regehr |
SIGNATORY'S POSITION |
attorney of record, Member of Utah State Bar |
SIGNATORY'S PHONE NUMBER |
801-805-3688 |
DATE SIGNED |
06/21/2018 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jun 21 19:04:54 EDT 2018 |
TEAS STAMP |
USPTO/RFR-XXX.XXX.XXX.XX-
20180621190454348012-8738
9272-61043c4f455145ee581a
335661e5cbedcac7af399c9b4
14d0a27ad47559341f7f-CC-5
531-20180621185713985127 |
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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
87389272 PODIUM(Standard Characters, see http://uspto.report/TM/87389272/mark.png) 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 Door to door shopping services in the fields of lighting systems, thermostats, energy management systems, pests and environmental predator control products, security
alarm products, and solar energy system; consultation in the field of energy efficiency pertaining to solar and renewable energy; Repair, installation and maintenance of automated systems for
buildings, including, energy management systems, pest and environmental predator control systems, security alarm products, and solar energy systems; Repair and installation of solar energy systems,
pest and environmental predator control products, security alarm products, and alternative energy products, namely, for residential, commercial, and industrial use; consulting in the repair and
installation of solar energy systems, security alarm products, and alternative energy products for residential and commercial use
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: Door to door shopping services in the fields of lighting systems, thermostats, energy management systems, pests and environmental
predator control products, security alarm products, and solar energy system;
Repair, installation and maintenance of automated systems for buildings, including, energy
management systems, pest and environmental predator control systems, security alarm products, and solar energy systems;
consultation in the field of energy
efficiency pertaining to solar and renewable energy;
Repair and installation of solar energy systems, pest and environmental predator control products, security alarm
products, and alternative energy products, namely, for residential, commercial, and industrial use;
consulting in the repair and installation of solar energy
systems, security alarm products, and alternative energy products for residential and commercial use.;
consulting in the repair and installation of solar energy
systems, security alarm products, and alternative energy products for residential and commercial useClass 037 for Repair, installation and maintenance of automated systems for buildings,
including, energy management systems, pest and environmental predator control systems, security alarm products, and solar energy systems; Repair and installation of solar energy systems, pest and
environmental predator control products, security alarm products, and alternative energy products, namely, for residential, commercial, and industrial use; consulting in the repair and installation
of solar energy systems, security alarm products, and alternative energy products for residential and commercial use.
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 035 for Providing door to door shopping services in the fields of lighting systems, thermostats, energy management systems, pests and environmental predator control products,
security alarm products, and solar energy systems; consultation in the field of energy efficiency pertaining to solar and renewable energy
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.
ADDITIONAL STATEMENTS
Miscellaneous Statement
This response is believed to have fully addressed all issues raised by the examiner in the Office Action in this application. This Application is now believed to be in condition for approval for
publication. Applicant appreciates the consideration given to this correspondence. If there is any outstanding issue regarding this application, the examiner is invited to contact the undersigned by
telephone.
FEE(S)
Fee(s) in the amount of $275 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: /Preston C. Regehr/ Date: 06/21/2018
Signatory's Name: Preston C. Regehr
Signatory's Position: attorney of record, Member of the Utah State Bar Association
Signatory's Phone Number: 801-805-3688
Request for Reconsideration Signature
Signature: /Preston C. Regehr/ Date: 06/21/2018
Signatory's Name: Preston C. Regehr
Signatory's Position: attorney of record, Member of Utah State Bar
Signatory's Phone Number: 801-805-3688
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
RAM Sale Number: 87389272
RAM Accounting Date: 06/22/2018
Serial Number: 87389272
Internet Transmission Date: Thu Jun 21 19:04:54 EDT 2018
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-201806211904543
48012-87389272-61043c4f455145ee581a33566
1e5cbedcac7af399c9b414d0a27ad47559341f7f
-CC-5531-20180621185713985127