TEAS Petition to Revive SOU

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 2195 (Rev 09/2004)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 2195 (Rev 09/2004)

OMB No. 0651-0054 (Exp 12/31/2020)

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

To the Commissioner for Trademarks:

MARK: ECOSTRUXURE (Stylized and/or with Design, see http://uspto.report/TM/87422566/mark.png)
SERIAL NUMBER: 87422566

PETITION Petition Statement
Signatory has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application. Notice of Allowance was received by applicant.

EXTENSION OF TIME TO FILE STATEMENT OF USE
The applicant, Schneider Electric Industries SAS, having an address of
      35 Rue Joseph Monier
      Rueil-Malmaison, F-92500
      France
requests revival of the application identified above, and submits extension(s) of time to file the Statement of Use under 37 C.F.R. Section 2.89.   The Notice of Allowance mailing date was 01/01/2019.

The applicant is filing extension number(s): 2
The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: product or service research or development


For International Class 009:
Current identification: Software for management, availability, reliability and optimization of electric power in industrial, tertiary and residential buildings, in infrastructures and data centers, in industrial machines, plants, power grids and processes; software for improving energy efficiency and energy sustainability in industrial, tertiary and residential buildings, in infrastructures and data centers, in industrial machines, plants, power grids and processes; software for process management, security management, access control, video surveillance in industrial, tertiary and residential buildings, in infrastructures and data centers, in industrial machines, plants, power grids and processes; control, measurement, monitoring and supervision equipment for management, availability, reliability and optimization of electric power in industrial, tertiary and residential buildings, in infrastructures and data centers, in industrial machines, plants, power grids and processes; control, measurement, monitoring and supervision equipment for improving energy efficiency and energy sustainability in industrial, tertiary and residential buildings, in infrastructures and data centers, in industrial machines, plants, power grids and processes; control, measurement, monitoring and supervision equipment for process management, security management, access control, video surveillance in industrial, tertiary and residential buildings, in infrastructures and data centers, in industrial machines, plants, power grids and processes; internet and intranet servers for providing data and software applied to energy efficiency, to energy sustainability and to management, availability, reliability and optimization of electric power; internet and intranet servers for providing data and software applied to process management, to security management, to access control and to video surveillance; process management and security management in industrial, tertiary and residential buildings, in infrastructures and data centers, in industrial machines, plants, power grids and processes; computer hardware and software in the field of electrical distribution, industrial control and automation, electrical supply systems for computers; building and home automation systems comprising wireless and wired controllers, touch screens, controlled devices, and software for appliances, lighting, HVAC, building and home entertainment devices, security and other building and home electrical power monitoring and control applications; computers, software, microprocessors, micro-controllers for the analysis, protection, inspection, measurement, signaling, regulation, setting, monitoring, maintaining, supervision, design, management, control and remote control of lighting, heating, cooling, humidifying, ventilating, air-conditioning, energy consumption, fire safety, access control and energy management systems; software applied to the protection, control, management, surveillance and supervision of electric installations and networks and communication networks; programming, operating and supervision software for automated processes; software for remote configuration functions; communication software for the transfer of data between two points for use in asset optimization, industrial and home automation, machine diagnostics and optimization in industrial, manufacturing and infrastructure management processes; software platform for use in asset optimization, industrial automation, machine diagnostics, and optimization of industrial, manufacturing and infrastructure management processes; software applied to the protection, control, management, surveillance and supervision of electric installations and networks; downloadable cloud computer software for information management, data collection and data analysis in the fields of asset optimization, industrial automation, machine diagnostics, and optimization of industrial, manufacturing and infrastructure management processes; downloadable software for information management, data collection and data analysis in the fields of asset optimization, industrial automation, machine diagnostics and optimization of industrial, manufacturing and infrastructure management processes; downloadable software application for information management, data collection and data analysis in the fields of asset optimization, industrial automation, machine diagnostics, and optimization of industrial, manufacturing and infrastructure management processes; cloud computing software for use in asset optimization, industrial automation, machine diagnostics, and optimization of industrial, manufacturing and infrastructure management processes; computer software for collecting and distributing data within computer networks, particularly the internet, and enabling data communication among application programs, consumer devices and industrial devices

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 035:
Current identification: Consulting and advisory services in the fields of energy consumption and energy efficiency; business consulting and advisory services in the fields of energy measurement, energy consumption, energy distribution and energy efficiency for industrial, tertiary and residential building, infrastructures and data centers, industrial machines, plants, power grid and processes; business consulting and advisory services in the fields of energy measurement, energy consumption, energy distribution and energy efficiency for buildings automation and automated systems installations and equipment

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 037:
Current identification: Installation, repair and maintenance of electronic energy distributions systems; construction, installation, repair and maintenance services for electrical and automated power distribution system installations and equipment; construction, installation, repair and maintenance services for computer hardware infrastructure and data centers; construction, installation and maintenance services for installations and equipment used for research and engineering in the field of electricity, home and building automation and automated systems; construction, installation and maintenance services for monitoring and safety equipment and for installations in the field of electricity, home and building automation and automated systems; construction, installation and maintenance services for monitoring and safety equipment and for installations in the field of datacenter architecture; installation, maintenance and repair of lighting, heating, cooling, humidifying, ventilation and air-conditioning apparatus and installations for homes and buildings; information and consulting regarding the installation, maintenance and repair of lighting, heating, cooling, humidifying, ventilation and air-conditioning apparatus and installations for homes and buildings; installation and maintenance services for security installations, including via a telecommunications network; installation and maintenance of intelligent systems for buildings and homes; installation and maintenance of home and building automation installations and programmable automations and installations for technical management of homes and buildings; technical support services for the installation, maintenance and repair of computers and computer peripheral equipment; consulting and information on construction; Computer services, namely, providing data center computer system configuration in the nature of computer hardware installation and repair; Installation of computer networking hardware; Computer installation and repair; Installation of computer systems; Construction and building of data centers; construction project management for data centers; Consultation in the field of data center construction; Technical support services for data center operations, namely, providing maintenance on electronic media and electrical equipment; construction consultation and providing information concerning construction

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 042:
Current identification: Design, development, analysis and consultation in the field of workplace automation systems to measure, monitor and manage the availability, reliability and optimization of electric power in industrial, tertiary and residential buildings, in infrastructures and data centers, in industrial machines, plants, power grids and processes; design, development, technical analysis and consultancy with regard to software that measures and monitors electric power in the fields of energy efficiency and energy sustainability in industrial, tertiary and residential buildings, in infrastructures and data centers, in industrial machines, plants, power grids and processes; design, development, technical analysis and consultancy, with regard to software that measures and monitors electric power in the field of process management in industrial, tertiary and residential buildings, in infrastructures and data centers, in industrial machines, plants, power grids and processes; design, development, technical analysis and consultancy, with regard to software that measures and monitors electric power in the fields of security management, access control, video surveillance in industrial, tertiary and residential buildings, in infrastructures and data centers, in industrial machines, plants, power grids and processes; computer network configuration of automated systems for building and home controls, namely, wireless and wired lighting controls, thermostat and heating controls, rolling shutters and door controls, appliance controls, namely, oven, washer, dryer, refrigerator, dishwasher, building and home audio and video controls; technology planning and consulting services in the field of solar energy; design and inspection of fire alarm, detection and suppression systems; integration of computer systems and networks; design and development of wired and wireless computer networks; computer services, namely, providing data center computer system configuration, monitoring, management, back-up, and failover services in the nature of switching to standby equipment when main system fails; consultation in the field of home and industrial automation for enabling users to remotely view, monitor, program, operate and control large and small appliances, electrical systems and security systems in buildings and homes; building and home connectivity services, namely, design and development of wired and wireless computer networks for buildings and homes; providing engineering and scientific laboratory services in the fields of electrical energy management and building management; research and development of new products for others in the fields of electrical energy management, building management and home automation for environmental protection purposes; information in the field of research and development relating to energy; preparing technical reports and mechanical testing of materials in the fields of electrical energy management and building management; providing temporary use of non-downloadable software to monitor and control electrical home automation and automated systems installations and equipment; providing temporary use of non-downloadable for building controls services, namely surveillance, technical control; quality control for others; testing, analysis and evaluation of the goods and services of others to determine conformity with quality and compliance certification standards; computer programming, software development and database design in the fields of electrical energy management and building management; software as a service (SAAS) services featuring software for integrated rack solutions that convert and transform power to the requirements of the equipment and connected systems; software as a service (SAAS) services featuring software for power devices that operates as a power device and operates with other power devices, stores data, and provides a platform for the operating systems of large-scale data centers; design and development of information and computer technology systems; programming home automation installations as well as programmable automated systems and technical management installations for buildings; energy auditing services and consultation, namely, tracking and monitoring services relating to energy consumption; technical evaluations and appraisals of energy consumption; technical consulting services in the fields of datacenter computer architecture; providing on-line searchable databases in the field of electronic building controls in industrial, tertiary and residential buildings, in infrastructures and data centers, in industrial machines, plants, power grids and processes; and maintenance assessment of the performance and reliability of alarm systems

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


The applicant's current attorney information: Nicole L. Linehan. Nicole L. Linehan of SCHNEIDER ELECTRIC - INTELLECTUAL PROPERTY DEPARTM, is located at

      38 NEPONSET AVENUE
      FOXBORO, Massachusetts 02035
      United States
The docket/reference number is 104061ECOStr.

The phone number is 508-549-6320.

The fax number is 508-549-6295.

The email address is nicole.linehan@schneider-electric.com

The applicants proposed attorney information: Nicole L. Linehan. Nicole L. Linehan of SCHNEIDER ELECTRIC - INTELLECTUAL PROPERTY DEPARTM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      38 NEPONSET AVENUE
      FOXBORO, Massachusetts 02035
      United States
The docket/reference number is 104061ECOStr.

The phone number is 508-549-6320.

The fax number is 508-549-6295.

The email address is nicole.linehan@schneider-electric.com

Nicole L. Linehan submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: NICOLE L. LINEHAN. NICOLE L. LINEHAN of SCHNEIDER ELECTRIC - INTELLECTUAL PROPERTY DEPARTM, is located at

      38 NEPONSET AVENUE
      FOXBORO, Massachusetts 02035
      United States
The docket/reference number is 104061ECOStr.

The phone number is 508-549-6320.

The fax number is 508-549-6295.

The email address is nicole.linehan@schneider-electric.com

The applicants proposed correspondence information: NICOLE L. LINEHAN. NICOLE L. LINEHAN of SCHNEIDER ELECTRIC - INTELLECTUAL PROPERTY DEPARTM, is located at

      38 NEPONSET AVENUE
      FOXBORO, Massachusetts 02035
      United States
The docket/reference number is 104061ECOStr.

The phone number is 508-549-6320.

The fax number is 508-549-6295.

The email address is nicole.linehan@schneider-electric.com

A fee payment in the amount of $100 will be submitted with the form, representing payment for the petition fee.

A fee payment in the amount of $500 will be submitted with the form, representing payment for the extension fee.

A fee payment in the total amount of $600 will be submitted.

Petition




Signature: /nll/ Date Signed: 01/08/2020
Signatory's Name: Nicole L. Linehan
Signatory's Position: Associate General Counsel
Signatory's Phone: 978-975-9760
Declaration

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 all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or 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 the goods/services/collective membership organization in the 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 goods/services in the 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; that 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the notice of allowance or as subsequently modified 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; and that 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: /nll/ Date Signed: 01/08/2020
Signatory's Name: Nicole L. Linehan
Signatory's Position: Associate General Counsel
Signatory's Phone: 978-975-9760

Mailing Address:
   SCHNEIDER ELECTRIC - INTELLECTUAL PROPERTY DEPARTM
   
   38 NEPONSET AVENUE
   FOXBORO, Massachusetts 02035

Mailing Address:
   SCHNEIDER ELECTRIC - INTELLECTUAL PROPERTY DEPARTM
   
   38 NEPONSET AVENUE
   FOXBORO, Massachusetts 02035

Serial Number: 87422566
Internet Transmission Date: Wed Jan 08 11:55:08 EST 2020
TEAS Stamp: USPTO/PSE-XXX.XX.XX.XX-20200108115508644
298-87422566-7008f1a88c425e94a658d184717
74b62b7246dafe91860404493b441787a8ebee4-
CC-55074223-20200108111844060203