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. 88249497 LIGHTVIEW(Standard Characters, see http://uspto.report/TM/88249497/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 Electric appliance installation and repair; installation, maintenance and repair of computer hardware; machinery installation, maintenance and repair; installation, maintenance and repair of lights, light fittings, lighting equipment, lighting apparatus and lighting systems; Installation, maintenance and repair of data collection systems, data transmission systems and systems for data collection and data transmission; installation, maintenance and repair of sensors for light, heat, movement, temperature, humidity; installation, maintenance and repair of sensors for light, heat, movement, temperature, humidity as part of light fittings, and lighting arrays; installation maintenance and repair of sensors being parts light fittings, or lighting arrays to detect potential failure of lighting arrays or parts of lighting arrays including light bulbs or LED light bulbs; installation, maintenance and repair of computer communication devices to communicate data from sensors either wirelessly or through wired networks; Installation, maintenance and repair of lighting control systems
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 3343029 registered 12/21/2018 with a renewal date of __________ and an expiration date of 10/03/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 037 for Electric appliance installation and repair; installation, maintenance and repair of computer hardware; machinery installation, maintenance and repair; installation, maintenance and repair of lights, light fittings, lighting equipment, lighting apparatus and lighting systems; Installation, maintenance and repair of data collection systems, data transmission systems and systems for data collection and data transmission; installation, maintenance and repair of sensors for light, heat, movement, temperature, humidity; installation, maintenance and repair of sensors for light, heat, movement, temperature, humidity as part of light fittings, and lighting arrays; installation maintenance and repair of sensors being parts light fittings, or lighting arrays to detect potential failure of lighting arrays or parts of lighting arrays including light bulbs or LED light bulbs; installation, maintenance and repair of computer communication devices to communicate data from sensors either wirelessly or through wired networks; Installation, maintenance and repair of lighting control systems
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3343029 registered 12/21/2018 with a renewal date of __________ and an expiration date of 10/03/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-6619261194-094724968_._LIGHTVIEW-GB_Certificate.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Technical data analysis; computer services for the analysis of data; computer technology consultancy; computer software consultancy; installation of computer software; maintenance of computer software; repair of computer software; computer services, featuring technology for use in environmental monitoring, control, and automation systems, provided via a website; computer services featuring technology that allows users to remotely interact with environmental monitoring, control, and automation systems, provided via a website; platform as a service (PAAS) featuring computer software platforms for use with environmental monitoring, control, and automation systems; software as a service (SAAS) services featuring computer software for use with environmental monitoring, control, and automation systems; Installation, maintenance and repair of software for the control, operation, regulation and maintenance of lighting equipment, lighting apparatus and lighting systems; Installation, maintenance and repair of software for data collection systems, data transmission systems and systems for data collection and data transmission; installation, maintenance and repair of software for lighting control systems. Computer services, namely, hosting an Internet site featuring software for use in environmental monitoring, control, and automation systems; computer services, namely, hosting an Internet site featuring software that allows users to remotely interact with environmental monitoring, control, and automation systems; cloud based systems allowing remote environmental monitoring, control, and automation; hosting of websites; hosting of computerized data, files, applications and information; environmental monitoring services; monitoring (quality control) of heating, lighting, ventilating, CO2 levels, shading and air conditioning apparatus as well as the heat and light generated by such apparatus the impact that this has on the which environment for quality control purposes within a building; software as a service; cloud computing services
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number 3343029 registered 12/21/2018 with a renewal date of __________ and an expiration date of 10/03/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Technical data analysis; Technical data analysis namely the review of the amount of energy used in lighting, heating, cooling and air condition of a building and data analysis of this information; computer services for the analysis of data; Computer services, namely, data mining for the analysis of data; computer technology consultancy; computer software consultancy; installation of computer software; maintenance of computer software; repair of computer software; computer services, featuring technology for use in environmental monitoring, control, and automation systems, provided via a website; computer services, featuring technology for use in monitoring, recording, analysing, compiling date from, updating, checking, authenticating, controlling and remotely viewing environmental monitoring, control, and automation systems, provided via a website; computer services featuring technology that allows users to remotely interact with environmental monitoring, control, and automation systems, provided via a website; platform as a service (PAAS) featuring computer software platforms for use with environmental monitoring, control, and automation systems; platform as a service (PAAS) featuring computer software platforms for use, in monitoring, recording, analysing, compiling date from, updating, checking, authenticating, controlling and remotely viewing environmental monitoring, control, and automation systems; software as a service (SAAS) services featuring computer software for use with environmental monitoring, control, and automation systems; software as a service (SAAS) services featuring computer software for use in monitoring, recording, analysing, compiling date from, updating, checking, authenticating, controlling and remotely viewing environmental monitoring, control, and automation systems Installation, maintenance and repair of software for the control, operation, regulation and maintenance of lighting equipment, lighting apparatus and lighting systems; Installation, maintenance and repair of software for the control, operation, regulation and maintenance of lighting equipment, lighting apparatus and lighting systems; Installation, maintenance and repair of software for data collection systems, data transmission systems and systems for data collection and data transmission; installation, maintenance and repair of software for lighting control systems. Computer services, namely, hosting an Internet site featuring software for use in environmental monitoring, control, and automation systems; computer services, namely, hosting an Internet site featuring software that allows users to remotely interact with environmental monitoring, control, and automation systems; cloud based systems featuring computer software which allows remote environmental monitoring, control, and automation; cloud based systems allowing remote environmental monitoring, control, and automation; hosting of websites; hosting of computerized data, files, applications and information; environmental monitoring services namely, monitoring heating, lighting, ventilating, CO2 levels, air quality, air temperature air humidity, air movement, water quality, and the strength and quality of lighting, shading and air conditioning and the impact that monitored specifics have on built environment; environmental monitoring services; Monitoring for quality control purposes of heating, lighting, ventilating, CO2 levels, shading and air conditioning apparatus as well as the heat and light generated by such apparatus the impact that this has on the which environment for quality control purposes with in a building; monitoring (quality control) of heating, lighting, ventilating, CO2 levels, shading and air conditioning apparatus as well as the heat and light generated by such apparatus the impact that this has on the which environment for quality control purposes within a building; Software as a service featuring software for monitoring, recording, analysing, compiling date from, updating, checking, authenticating, controlling and remotely viewing environmental monitoring, control, and automation systems and for monitoring heating, lighting, ventilating, CO2 levels, air quality, air temperature air humidity, air movement, water quality, and the strength and quality of lighting, shading and air conditioning and the impact that monitored specifics have on built environment; software as a service; cloud computing services, featuring software for monitoring, recording, analysing, compiling date from, updating, checking, authenticating, controlling and remotely viewing environmental monitoring, control, and automation systems and for monitoring heating, lighting, ventilating, CO2 levels, air quality, air temperature air humidity, air movement, water quality, and the strength and quality of lighting, shading and air conditioning and the impact that monitored specifics have on built environment.; cloud computing servicesClass 042 for Technical data analysis namely the review of the amount of energy used in lighting, heating, cooling and air condition of a building and data analysis of this information; Computer services, namely, data mining for the analysis of data; computer technology consultancy; computer software consultancy; installation of computer software; maintenance of computer software; repair of computer software; computer services, featuring technology for use in monitoring, recording, analysing, compiling date from, updating, checking, authenticating, controlling and remotely viewing environmental monitoring, control, and automation systems, provided via a website; computer services featuring technology that allows users to remotely interact with environmental monitoring, control, and automation systems, provided via a website; platform as a service (PAAS) featuring computer software platforms for use, in monitoring, recording, analysing, compiling date from, updating, checking, authenticating, controlling and remotely viewing environmental monitoring, control, and automation systems; software as a service (SAAS) services featuring computer software for use in monitoring, recording, analysing, compiling date from, updating, checking, authenticating, controlling and remotely viewing environmental monitoring, control, and automation systems Installation, maintenance and repair of software for the control, operation, regulation and maintenance of lighting equipment, lighting apparatus and lighting systems; Installation, maintenance and repair of software for data collection systems, data transmission systems and systems for data collection and data transmission; installation, maintenance and repair of software for lighting control systems. Computer services, namely, hosting an Internet site featuring software for use in environmental monitoring, control, and automation systems; computer services, namely, hosting an Internet site featuring software that allows users to remotely interact with environmental monitoring, control, and automation systems; cloud based systems featuring computer software which allows remote environmental monitoring, control, and automation; hosting of websites; hosting of computerized data, files, applications and information; environmental monitoring services namely, monitoring heating, lighting, ventilating, CO2 levels, air quality, air temperature air humidity, air movement, water quality, and the strength and quality of lighting, shading and air conditioning and the impact that monitored specifics have on built environment; Monitoring for quality control purposes of heating, lighting, ventilating, CO2 levels, shading and air conditioning apparatus as well as the heat and light generated by such apparatus the impact that this has on the which environment for quality control purposes with in a building; Software as a service featuring software for monitoring, recording, analysing, compiling date from, updating, checking, authenticating, controlling and remotely viewing environmental monitoring, control, and automation systems and for monitoring heating, lighting, ventilating, CO2 levels, air quality, air temperature air humidity, air movement, water quality, and the strength and quality of lighting, shading and air conditioning and the impact that monitored specifics have on built environment; cloud computing services, featuring software for monitoring, recording, analysing, compiling date from, updating, checking, authenticating, controlling and remotely viewing environmental monitoring, control, and automation systems and for monitoring heating, lighting, ventilating, CO2 levels, air quality, air temperature air humidity, air movement, water quality, and the strength and quality of lighting, shading and air conditioning and the impact that monitored specifics have on built environment.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3343029 registered 12/21/2018 with a renewal date of __________ and an expiration date of 10/03/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-6619261194-094724968_._LIGHTVIEW-GB_Certificate.pdf
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

The applicant hereby appoints Nathaniel T. Quirk. Nathaniel T. Quirk of Burr & Forman, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Bank of America Plaza
      101 South Tryon Street
      Charlotte, North Carolina 28280
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is KT/TM45561US.

The phone number is 704-347-6462.

The email address is nquirk@burr.com

Nathaniel T. Quirk 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: MARK COMISKEY. MARK COMISKEY, is located at

      APEX PARK
      6 LITTLE BURROW
      WELWYN GARDEN CITY, AL74SW
      GB

The email address is ip@auroralighting.com

The applicants proposed correspondence information: Nathaniel T. Quirk. Nathaniel T. Quirk of Burr & Forman, is located at

      Bank of America Plaza
      101 South Tryon Street
      Charlotte, North Carolina 28280
      United States
The docket/reference number is KT/TM45561US.

The phone number is 704-347-6462.

The email address is mcnairip@burr.com; nquirk@burr.com

SIGNATURE(S)
Response Signature
Signature: /Nathaniel T. Quirk/     Date: 09/23/2019
Signatory's Name: Nathaniel T. Quirk
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone Number: 704-347-6462

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    MARK COMISKEY
   
   APEX PARK
   6 LITTLE BURROW
   WELWYN GARDEN CITY, AL74SW
Mailing Address:    Nathaniel T. Quirk
   Burr & Forman
   Bank of America Plaza
   101 South Tryon Street
   Charlotte, North Carolina 28280
        
Serial Number: 88249497
Internet Transmission Date: Mon Sep 23 10:23:25 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019092310232513
3614-88249497-610a4be56472aa65fe6d233742
7c267de89ff2fd658cabb2477a42fcffbaffaee7
7-N/A-N/A-20190923094724968211