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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88045273 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION |
MARK |
http://uspto.report/TM/88045273/mark.png |
LITERAL ELEMENT |
ATRIUS |
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 (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computer hardware modules for use in electronic sensing devices for collecting, using and communicating data in the Internet of Things,
for use in connection with energy management, building infrastructure management, space utilization, wayfinding, real time location services, asset tracking, spatial data analytics; software platform
for use in collecting, using and communicating data in the Internet of Things, for use in connection with facilities and operations management, building infrastructure management, space utilization,
wayfinding, real time location services, asset tracking, and spatial data analytics; computer software platform for use in asset optimization and visualization, management and optimization of
facilities and operations; computer software platform for use in management of facilities and operations data; software for information management, data collection and data analysis in the fields of
asset optimization and visualization, management and optimization of facilities and operations; computer software for lighting based indoor positioning, wayfinding and real time location services;
computer software for collecting and distributing data within computer networks, including the internet, and enabling data communication among application programs, mobile devices and computer
hardware devices or modules; computer application software for smart phones, mobile phones, and handheld electronic communication devices, which is used for commissioning and connecting lighting
fixtures, and controlling lighting sensors, locating articles, objects and persons and indicating location, namely, indoor positioning, wayfinding and real time location services; computer programs
for controlling lighting sensors; computer programs for communication between end-users and vendors; electronic devices and electronic control apparatus and control devices, namely, electronic
sensors which detect the presence of occupants; LED lighting systems, comprised of hardware and software designed to send digital content to the cloud via software and mobile applications for the
purpose of data processing, data aggregation and data storage; microprocessor-based interface controllers; electronic devices and electronic lighting control apparatus used to locate articles,
objects and persons; electronic devices and electronic lighting control apparatus devices used to indicate location, namely, indoor positioning, wayfinding and real time location services; data
processing equipment, namely, data processors; wireless data network products, namely, wireless communication devices for data or images transmission; wireless lighting control apparatus to remotely
control lighting sensors and for use as communication apparatus; wireless communication system comprised of LED light fixtures and mobile device-based receivers using visible light communication for
data transmission |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/00/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/00/2017 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Computer hardware modules for use in electronic sensing devices for collecting, using and communicating data in the
Internet of Things, for use in connection with energy management, building infrastructure management, space utilization, wayfinding, real time location services, asset tracking, spatial data
analytics; software platform for use in collecting, using and communicating data in the Internet of Things, for use in connection with facilities and
operations management, building infrastructure management, space utilization, wayfinding, real time location services, asset tracking, and spatial data analytics; computer software platform for use in collecting, using and communicating data in the Internet of Things, for use in connection with facilities and operations management, building
infrastructure management, space utilization, wayfinding, real time location services, asset tracking, and spatial data analytics; computer software platform for use in
asset optimization and visualization, management and optimization of facilities and operations; computer software platform for use in management of facilities and
operations data; software for information management, data collection and data analysis in the fields of asset optimization and visualization, management and optimization
of facilities and operations; computer software for lighting based indoor positioning, wayfinding and real time location services; computer software for collecting and distributing data within computer networks, including the internet, and enabling data communication among application programs, mobile devices and
computer hardware devices or modules; computer software for collecting and distributing data within computer networks, including the internet, and enabling
data communication among application programs, mobile devices, and computer hardware devices or modules; computer application software for smart phones, mobile phones, and
handheld electronic communication devices, which is used for commissioning and connecting lighting fixtures, and controlling lighting sensors, locating articles, objects and persons and indicating
location, namely, indoor positioning, wayfinding and real time location services; computer programs for controlling lighting sensors; computer
programs for communication between end-users and vendors; electronic devices and electronic control apparatus and control devices, namely, electronic sensors which detect
the presence of occupants; LED lighting systems, comprised of hardware and software designed to send digital content to the cloud via software and mobile
applications for the purpose of data processing, data aggregation and data storage; LED lighting systems, comprised of computer software and related hardware
designed to send digital content to the cloud via software and mobile applications for the purpose of data processing, data aggregation and data storage; microprocessor-based interface controllers; microprocessor-based interface electronic controllers; electronic devices and
electronic lighting control apparatus used to locate articles, objects and persons; electronic devices and electronic lighting control apparatus devices used to indicate
location, namely, indoor positioning, wayfinding and real time location services; data processing equipment, namely, data processors; wireless
data network products, namely, wireless communication devices for data or images transmission; wireless lighting control apparatus to remotely control lighting sensors and
for use as communication apparatus; wireless communication system comprised of LED light fixtures and mobile device-based receivers using visible light
communication for data transmission; wireless communication system comprised of mobile device-based receivers for LED light fixtures using visible light
communication for data transmission |
FINAL DESCRIPTION |
Computer hardware modules for use in electronic sensing devices for collecting, using and communicating data in the Internet of Things,
for use in connection with energy management, building infrastructure management, space utilization, wayfinding, real time location services, asset tracking, spatial data analytics; computer software
platform for use in collecting, using and communicating data in the Internet of Things, for use in connection with facilities and operations management, building infrastructure management, space
utilization, wayfinding, real time location services, asset tracking, and spatial data analytics; computer software platform for use in asset optimization and visualization, management and
optimization of facilities and operations; computer software platform for use in management of facilities and operations data; software for information management, data collection and data analysis
in the fields of asset optimization and visualization, management and optimization of facilities and operations; computer software for lighting based indoor positioning, wayfinding and real time
location services; computer software for collecting and distributing data within computer networks, including the internet, and enabling data communication among application programs, mobile devices,
and computer hardware devices or modules; computer application software for smart phones, mobile phones, and handheld electronic communication devices, which is used for commissioning and connecting
lighting fixtures, and controlling lighting sensors, locating articles, objects and persons and indicating location, namely, indoor positioning, wayfinding and real time location services; computer
programs for controlling lighting sensors; computer programs for communication between end-users and vendors; electronic devices and electronic control apparatus and control devices, namely,
electronic sensors which detect the presence of occupants; LED lighting systems, comprised of computer software and related hardware designed to send digital content to the cloud via software and
mobile applications for the purpose of data processing, data aggregation and data storage; microprocessor-based interface electronic controllers; electronic devices and electronic lighting control
apparatus used to locate articles, objects and persons; electronic devices and electronic lighting control apparatus devices used to indicate location, namely, indoor positioning, wayfinding and real
time location services; data processing equipment, namely, data processors; wireless data network products, namely, wireless communication devices for data or images transmission; wireless lighting
control apparatus to remotely control lighting sensors and for use as communication apparatus; wireless communication system comprised of mobile device-based receivers for LED light fixtures using
visible light communication for data transmission |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/00/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/00/2017 |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Platform as a service (PAAS) featuring computer software platforms for use in asset optimization and visualization, management and
optimization of facilities, operations and operations data; software as a service (SaaS) services featuring software for use in asset optimization and visualization, management and optimization of
facilities, operations, and operations data; platform as a service (PaaS) services featuring computer software platforms for use in connection with the connection, data collection, databasing,
visualization, management, and automation of utilities, building systems and devices related to buildings; software as a service (SAAS) services featuring software for use in connection with the
connection, data collection, databasing, visualization, management, and automation of utilities, building systems and devices related to buildings; providing temporary use of on-line non-downloadable
software for use in asset optimization and visualization, management and optimization of facilities and operations; providing temporary use of on-line non-downloadable software for use in connecting,
operating, and managing networked HVAC systems and lighting control systems; computer services, namely, providing a website featuring technology that enables users to monitor and control, automate
and manage facilities, operations utilities, building systems and devices related to buildings through the Internet; commissioning services and advice in the field of lighting and building management
systems |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/00/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/00/2017 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Platform as a service (PAAS) featuring computer software platforms for use in asset optimization and
visualization, management and optimization of facilities, operations and operations data; Platform as a service (PAAS) featuring computer software platforms for
use in asset optimization and visualization, management and optimization of facilities, and operations and operations data; software as a service (SaaS) services featuring
software for use in asset optimization and visualization, management and optimization of facilities, operations, and operations data; platform as a service
(PaaS) services featuring computer software platforms for use in connection with the connection, data collection, databasing, visualization, management, and automation of utilities, building systems
and devices related to buildings; platform as a service (PaaS) services featuring computer software platforms for use in connection with the connection, data
collection, databasing, visualization, management, and and devices related to buildings and structures; software as a service (SAAS) services featuring software
for use in connection with the connection, data collection, databasing, visualization, management, and automation of utilities, building systems and devices related to buildings; software as a service (SAAS) services featuring software for use in connection with the connection, data collection, databasing, visualization, management, and devices related
to buildings and structures; providing temporary use of on-line non-downloadable software for use in asset optimization and visualization, management and optimization of
facilities and operations; providing temporary use of on-line non-downloadable software for use in connecting, operating, and managing networked HVAC systems
and lighting control systems; providing temporary use of on-line non-downloadable software for use in connecting, operating, and managing and lighting control
systems and for providing location knowledge for use in operating and managing networked HVAC systems; computer services, namely, providing a website featuring technology
that enables users to monitor and control, automate and manage facilities, operations utilities, building systems and devices related to buildings through the Internet; commissioning services and advice in the field of lighting and building management systems; providing advice in the installation, maintenance
and repair of Internet of Things software systems |
FINAL DESCRIPTION |
Platform as a service (PAAS) featuring computer software platforms for use in asset optimization and visualization, management and
optimization of facilities, and operations and operations data; software as a service (SaaS) services featuring software for use in asset optimization and visualization, management and optimization
of facilities, operations, and operations data; platform as a service (PaaS) services featuring computer software platforms for use in connection with the connection, data collection, databasing,
visualization, management, and and devices related to buildings and structures; software as a service (SAAS) services featuring software for use in connection with the connection, data collection,
databasing, visualization, management, and devices related to buildings and structures; providing temporary use of on-line non-downloadable software for use in asset optimization and visualization,
management and optimization of facilities and operations; providing temporary use of on-line non-downloadable software for use in connecting, operating, and managing and lighting control systems and
for providing location knowledge for use in operating and managing networked HVAC systems; computer services, namely, providing a website featuring technology that enables users to monitor and
control, automate and manage facilities, operations utilities, building systems and devices related to buildings through the Internet; providing advice in the installation, maintenance and repair of
Internet of Things software systems |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/00/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/00/2017 |
GOODS AND/OR SERVICES SECTION (037)(class added) |
INTERNATIONAL CLASS |
037 |
DESCRIPTION |
Providing advice in the installation, maintenance, and repair of lighting and building management hardware systems |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/00/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/00/2017 |
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 |
SPN0-38110134-20190307104156783942_._ATRIUS_-_Specimen_of_Use_-_Class_37.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\880\452\88045273\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\880\452\88045273\xml4\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\880\452\88045273\xml4\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\880\452\88045273\xml4\ROA0005.JPG |
ORIGINAL PDF FILE |
SPN0-38110134-20190314132637514810_._ATRIUS_-_Specimen_of_Use_-_Class_37_-_2.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\880\452\88045273\xml4\ROA0006.JPG |
SPECIMEN DESCRIPTION |
screen shots from website showing the mark as used in connection with the applied-for services |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Charles H Fails/ |
SIGNATORY'S NAME |
Charles H. Fails |
SIGNATORY'S POSITION |
Chief Patent Counsel |
SIGNATORY'S PHONE NUMBER |
770-593-5093 |
DATE SIGNED |
03/14/2019 |
RESPONSE SIGNATURE |
/Dan Englander/ |
SIGNATORY'S NAME |
Dan Englander |
SIGNATORY'S POSITION |
Attorney of Record, Georgia Bar Member |
SIGNATORY'S PHONE NUMBER |
404-815-6042 |
DATE SIGNED |
03/14/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Mar 14 15:19:53 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.X-201
90314151953167070-8804527
3-6207ee35977a578ffeded2e
a7726ae555eba8ecf931aa127
b5c3c66e9b76531fae-CC-177
8-20190314132637514810 |
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.
88045273 ATRIUS(Standard Characters, see http://uspto.report/TM/88045273/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 009 for Computer hardware modules for use in electronic sensing devices for collecting, using and communicating data in the Internet of Things, for use in connection with energy
management, building infrastructure management, space utilization, wayfinding, real time location services, asset tracking, spatial data analytics; software platform for use in collecting, using and
communicating data in the Internet of Things, for use in connection with facilities and operations management, building infrastructure management, space utilization, wayfinding, real time location
services, asset tracking, and spatial data analytics; computer software platform for use in asset optimization and visualization, management and optimization of facilities and operations; computer
software platform for use in management of facilities and operations data; software for information management, data collection and data analysis in the fields of asset optimization and
visualization, management and optimization of facilities and operations; computer software for lighting based indoor positioning, wayfinding and real time location services; computer software for
collecting and distributing data within computer networks, including the internet, and enabling data communication among application programs, mobile devices and computer hardware devices or modules;
computer application software for smart phones, mobile phones, and handheld electronic communication devices, which is used for commissioning and connecting lighting fixtures, and controlling
lighting sensors, locating articles, objects and persons and indicating location, namely, indoor positioning, wayfinding and real time location services; computer programs for controlling lighting
sensors; computer programs for communication between end-users and vendors; electronic devices and electronic control apparatus and control devices, namely, electronic sensors which detect the
presence of occupants; LED lighting systems, comprised of hardware and software designed to send digital content to the cloud via software and mobile applications for the purpose of data processing,
data aggregation and data storage; microprocessor-based interface controllers; electronic devices and electronic lighting control apparatus used to locate articles, objects and persons; electronic
devices and electronic lighting control apparatus devices used to indicate location, namely, indoor positioning, wayfinding and real time location services; data processing equipment, namely, data
processors; wireless data network products, namely, wireless communication devices for data or images transmission; wireless lighting control apparatus to remotely control lighting sensors and for
use as communication apparatus; wireless communication system comprised of LED light fixtures and mobile device-based receivers using visible light communication for data transmission
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 05/00/2017
and first used in commerce at least as early as 05/00/2017 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Computer hardware modules for use in electronic sensing devices for collecting, using and communicating data in the Internet of Things, for use in
connection with energy management, building infrastructure management, space utilization, wayfinding, real time location services, asset tracking, spatial data analytics;
software platform for use in collecting, using and communicating data in the Internet of Things, for use in connection with facilities and operations management, building infrastructure
management, space utilization, wayfinding, real time location services, asset tracking, and spatial data analytics;
computer software platform for use in
collecting, using and communicating data in the Internet of Things, for use in connection with facilities and operations management, building infrastructure management, space utilization, wayfinding,
real time location services, asset tracking, and spatial data analytics;
computer software platform for use in asset optimization and visualization, management and
optimization of facilities and operations;
computer software platform for use in management of facilities and operations data;
software for
information management, data collection and data analysis in the fields of asset optimization and visualization, management and optimization of facilities and operations;
computer software for lighting based indoor positioning, wayfinding and real time location services;
computer software for collecting and
distributing data within computer networks, including the internet, and enabling data communication among application programs, mobile devices and computer hardware devices or modules;
computer software for collecting and distributing data within computer networks, including the internet, and enabling data communication among application programs,
mobile devices, and computer hardware devices or modules;
computer application software for smart phones, mobile phones, and handheld electronic communication devices,
which is used for commissioning and connecting lighting fixtures, and controlling lighting sensors, locating articles, objects and persons and indicating location, namely, indoor positioning,
wayfinding and real time location services;
computer programs for controlling lighting sensors;
computer programs for communication between
end-users and vendors;
electronic devices and electronic control apparatus and control devices, namely, electronic sensors which detect the presence of occupants;
LED lighting systems, comprised of hardware and software designed to send digital content to the cloud via software and mobile applications for the purpose of data
processing, data aggregation and data storage;
LED lighting systems, comprised of computer software and related hardware designed to send digital content to
the cloud via software and mobile applications for the purpose of data processing, data aggregation and data storage;
microprocessor-based interface
controllers;
microprocessor-based interface electronic controllers;
electronic devices and electronic lighting control apparatus
used to locate articles, objects and persons;
electronic devices and electronic lighting control apparatus devices used to indicate location, namely, indoor positioning,
wayfinding and real time location services;
data processing equipment, namely, data processors;
wireless data network products, namely,
wireless communication devices for data or images transmission;
wireless lighting control apparatus to remotely control lighting sensors and for use as communication
apparatus;
wireless communication system comprised of LED light fixtures and mobile device-based receivers using visible light communication for data
transmission;
wireless communication system comprised of mobile device-based receivers for LED light fixtures using visible light communication for data
transmissionClass 009 for Computer hardware modules for use in electronic sensing devices for collecting, using and communicating data in the Internet of Things, for use in connection with
energy management, building infrastructure management, space utilization, wayfinding, real time location services, asset tracking, spatial data analytics; computer software platform for use in
collecting, using and communicating data in the Internet of Things, for use in connection with facilities and operations management, building infrastructure management, space utilization, wayfinding,
real time location services, asset tracking, and spatial data analytics; computer software platform for use in asset optimization and visualization, management and optimization of facilities and
operations; computer software platform for use in management of facilities and operations data; software for information management, data collection and data analysis in the fields of asset
optimization and visualization, management and optimization of facilities and operations; computer software for lighting based indoor positioning, wayfinding and real time location services; computer
software for collecting and distributing data within computer networks, including the internet, and enabling data communication among application programs, mobile devices, and computer hardware
devices or modules; computer application software for smart phones, mobile phones, and handheld electronic communication devices, which is used for commissioning and connecting lighting fixtures, and
controlling lighting sensors, locating articles, objects and persons and indicating location, namely, indoor positioning, wayfinding and real time location services; computer programs for controlling
lighting sensors; computer programs for communication between end-users and vendors; electronic devices and electronic control apparatus and control devices, namely, electronic sensors which detect
the presence of occupants; LED lighting systems, comprised of computer software and related hardware designed to send digital content to the cloud via software and mobile applications for the purpose
of data processing, data aggregation and data storage; microprocessor-based interface electronic controllers; electronic devices and electronic lighting control apparatus used to locate articles,
objects and persons; electronic devices and electronic lighting control apparatus devices used to indicate location, namely, indoor positioning, wayfinding and real time location services; data
processing equipment, namely, data processors; wireless data network products, namely, wireless communication devices for data or images transmission; wireless lighting control apparatus to remotely
control lighting sensors and for use as communication apparatus; wireless communication system comprised of mobile device-based receivers for LED light fixtures using visible light communication for
data transmission
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 05/00/2017
and first used in commerce at least as early as 05/00/2017 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Platform as a service (PAAS) featuring computer software platforms for use in asset optimization and visualization, management and optimization of facilities, operations
and operations data; software as a service (SaaS) services featuring software for use in asset optimization and visualization, management and optimization of facilities, operations, and operations
data; platform as a service (PaaS) services featuring computer software platforms for use in connection with the connection, data collection, databasing, visualization, management, and automation of
utilities, building systems and devices related to buildings; software as a service (SAAS) services featuring software for use in connection with the connection, data collection, databasing,
visualization, management, and automation of utilities, building systems and devices related to buildings; providing temporary use of on-line non-downloadable software for use in asset optimization
and visualization, management and optimization of facilities and operations; providing temporary use of on-line non-downloadable software for use in connecting, operating, and managing networked HVAC
systems and lighting control systems; computer services, namely, providing a website featuring technology that enables users to monitor and control, automate and manage facilities, operations
utilities, building systems and devices related to buildings through the Internet; commissioning services and advice in the field of lighting and building management systems
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 05/00/2017
and first used in commerce at least as early as 05/00/2017 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Platform as a service (PAAS) featuring computer software platforms for use in asset optimization and visualization, management and
optimization of facilities, operations and operations data;
Platform as a service (PAAS) featuring computer software platforms for use in asset optimization and
visualization, management and optimization of facilities, and operations and operations data;
software as a service (SaaS) services featuring software for use in asset
optimization and visualization, management and optimization of facilities, operations, and operations data;
platform as a service (PaaS) services featuring
computer software platforms for use in connection with the connection, data collection, databasing, visualization, management, and automation of utilities, building systems and devices related to
buildings;
platform as a service (PaaS) services featuring computer software platforms for use in connection with the connection, data collection, databasing,
visualization, management, and and devices related to buildings and structures;
software as a service (SAAS) services featuring software for use in connection
with the connection, data collection, databasing, visualization, management, and automation of utilities, building systems and devices related to buildings;
software as a service (SAAS) services featuring software for use in connection with the connection, data collection, databasing, visualization, management, and devices related to buildings
and structures;
providing temporary use of on-line non-downloadable software for use in asset optimization and visualization, management and optimization of facilities and
operations;
providing temporary use of on-line non-downloadable software for use in connecting, operating, and managing networked HVAC systems and lighting
control systems;
providing temporary use of on-line non-downloadable software for use in connecting, operating, and managing and lighting control systems and
for providing location knowledge for use in operating and managing networked HVAC systems;
computer services, namely, providing a website featuring technology that enables
users to monitor and control, automate and manage facilities, operations utilities, building systems and devices related to buildings through the Internet;
commissioning services and advice in the field of lighting and building management systems;
providing advice in the installation, maintenance and
repair of Internet of Things software systemsClass 042 for Platform as a service (PAAS) featuring computer software platforms for use in asset optimization and visualization, management and
optimization of facilities, and operations and operations data; software as a service (SaaS) services featuring software for use in asset optimization and visualization, management and optimization
of facilities, operations, and operations data; platform as a service (PaaS) services featuring computer software platforms for use in connection with the connection, data collection, databasing,
visualization, management, and and devices related to buildings and structures; software as a service (SAAS) services featuring software for use in connection with the connection, data collection,
databasing, visualization, management, and devices related to buildings and structures; providing temporary use of on-line non-downloadable software for use in asset optimization and visualization,
management and optimization of facilities and operations; providing temporary use of on-line non-downloadable software for use in connecting, operating, and managing and lighting control systems and
for providing location knowledge for use in operating and managing networked HVAC systems; computer services, namely, providing a website featuring technology that enables users to monitor and
control, automate and manage facilities, operations utilities, building systems and devices related to buildings through the Internet; providing advice in the installation, maintenance and repair of
Internet of Things software systems
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 05/00/2017
and first used in commerce at least as early as 05/00/2017 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 037 for Providing advice in the installation, maintenance, and repair of lighting and building management hardware systems
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 05/00/2017
and first used in commerce at least as early as 05/00/2017 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 037 . The specimen(s) submitted consists of screen shots from website showing the mark as used in connection with the 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:
SPN0-38110134-20190307104156783942_._ATRIUS_-_Specimen_of_Use_-_Class_37.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPN0-38110134-20190314132637514810_._ATRIUS_-_Specimen_of_Use_-_Class_37_-_2.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
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: /Charles H Fails/ Date: 03/14/2019
Signatory's Name: Charles H. Fails
Signatory's Position: Chief Patent Counsel
Signatory's Phone Number: 770-593-5093
Response Signature
Signature: /Dan Englander/ Date: 03/14/2019
Signatory's Name: Dan Englander
Signatory's Position: Attorney of Record, Georgia Bar Member
Signatory's Phone Number: 404-815-6042
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: 88045273
RAM Accounting Date: 03/15/2019
Serial Number: 88045273
Internet Transmission Date: Thu Mar 14 15:19:53 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201903141519531670
70-88045273-6207ee35977a578ffeded2ea7726
ae555eba8ecf931aa127b5c3c66e9b76531fae-C
C-1778-20190314132637514810