Response to Office Action

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 09/20/2020)

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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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office 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 hereby deletes the following class of goods/services from the application.
Class 035 for Door to door shopping services including in the fields of lighting systems, thermostats, energy management systems 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 and solar energy systems; Repair and installation of solar energy systems and alternative energy products including for residential and commercial use; Consulting in the repair and installation of solar energy systems and alternative energy products for residential and commercial use

Applicant hereby adds the following class of goods/services to the application:
New: Class 037 (Original Class: 035 ) 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
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 amends and restates the response filed earlier today in this application. As required by the examiner, the applicant has amended the classification of services to Class 37, and has sought to clarify the services to remove ambiguity/ Applicant notes that a search has been conducted by the examiner, and that no similar registered marks or pending applications have been found which would bar registration under Trademark Act Section 2(d), 15 U.S.C. § 1052(d). Therefore, Applicant does not expect to receive any refusal to register this mark based on Trademark Act Section 2(d), 15 U.S.C. § 1052(d). This response is believed to have fully addressed all issues raised by the examiner in the Office Action in this application. 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.


SIGNATURE(S)
Response Signature
Signature: /Preston C. Regehr/     Date: 12/19/2017
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.

        
Serial Number: 87389272
Internet Transmission Date: Tue Dec 19 19:24:55 EST 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201712191924558
12257-87389272-510263a2473771af050f4cf6c
a8c4a74420b365e0b18ae68d2a155cffe57422ab
f-N/A-N/A-20171219192149093495