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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88377665 |
LAW OFFICE ASSIGNED | LAW OFFICE 115 |
MARK SECTION | |
MARK | http://uspto.report/TM/88377665/mark.png |
LITERAL ELEMENT | REOPT |
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. |
ARGUMENT(S) | |
Class 9 is to be deleted and Class 42 is to be amended as follows: Technology consultation and research in the field of energy, renewable energy, energy storage technologies, microgrids, energy/water systems and energy systems analysis; energy optimizing web tool, namely providing temporary use of non-downloadable software for use in optimizing energy systems for buildings, campuses, communities, microgrids, storage and energy/water systems. The requested class amendments are clarifying in nature and do not expand the scope of the goods and services in the initial application because the recitation in the initial application stated that the software may be downloaded from a global computer network and therefore was not definitive in that it must be downloadable in nature. The software, while it can be downloadable, is currently provided to users in non-downloadable form and therefore we request that the identification be clarified to specify the exact nature of the web tool as provided to users. We are not adding goods to the recitation, rather we are properly classifying in Class 42, which is allowed under the TMEP, and further clarifying the ambiguous goods previously set forth in Class 9. With regard to the Class 42 services, the specimens previously provided include information on the technology consultation and research services provided in connection with the web tool and therefore are proper. | |
EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_1921743750-20191209162324804631_._REopSpecimen.pdf |
CONVERTED PDF FILE(S) (3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\776\88377665\xml4\ROA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\883\776\88377665\xml4\ROA0003.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\883\776\88377665\xml4\ROA0004.JPG | |
DESCRIPTION OF EVIDENCE FILE | website pages showing Applicant's mark in connection with its goods |
GOODS AND/OR SERVICES SECTION (009)(class deleted) | |
GOODS AND/OR SERVICES SECTION (042)(current) | |
INTERNATIONAL CLASS | 042 |
DESCRIPTION | |
Technology consultation and research in the field of energy, renewable energy, energy storage technologies, microgrids, energy/water systems and energy systems analysis | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 11/15/2010 |
FIRST USE IN COMMERCE DATE | At least as early as 10/29/2012 |
GOODS AND/OR SERVICES SECTION (042)(proposed) | |
INTERNATIONAL CLASS | 042 |
TRACKED TEXT DESCRIPTION | |
Technology consultation and research in the field of energy, renewable energy, energy storage technologies, microgrids, energy/water systems and energy systems analysis; energy optimizing web tool, namely providing temporary use of non-downloadable software for use in optimizing energy systems for buildings, campuses, communities, microgrids, storage and energy/water systems | |
FINAL DESCRIPTION | |
Technology consultation and research in the field of energy, renewable energy, energy storage technologies, microgrids, energy/water systems and energy systems analysis; energy optimizing web tool, namely providing temporary use of non-downloadable software for use in optimizing energy systems for buildings, campuses, communities, microgrids, storage and energy/water systems | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 11/15/2010 |
FIRST USE IN COMMERCE DATE | At least as early as 10/29/2012 |
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 | SPU1-1921743750-20191209162324804631_._REopSpecimen.pdf |
CONVERTED PDF FILE(S) (3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\776\88377665\xml4\ROA0005.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\883\776\88377665\xml4\ROA0006.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\883\776\88377665\xml4\ROA0007.JPG | |
SPECIMEN DESCRIPTION | website pages showing Applicant's mark in connection with its goods |
ATTORNEY SECTION (current) | |
NAME | Alexandra M. Hall |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | NATIONAL RENEWABLE ENERGY LABORATORY |
INTERNAL ADDRESS | OFFICE OF GENERAL COUNSEL |
STREET | 15013 DENVER WEST PARKWAY, RSF 406 |
CITY | GOLDEN |
STATE | Colorado |
POSTAL CODE | 80401-3305 |
COUNTRY | US |
PHONE | 303-384-7577 |
FAX | 303-384-7499 |
Alexandra.Hall@nrel.gov | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | TM/REoptWord |
ATTORNEY SECTION (proposed) | |
NAME | Alexandra M. Hall |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | NATIONAL RENEWABLE ENERGY LABORATORY |
INTERNAL ADDRESS | OFFICE OF GENERAL COUNSEL |
STREET | 15013 DENVER WEST PARKWAY, RSF 406 |
CITY | GOLDEN |
STATE | Colorado |
POSTAL CODE | 80401-3305 |
COUNTRY | United States |
PHONE | 303-384-7507 |
FAX | 303-384-7499 |
Alexandra.Hall@nrel.gov | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | TM/REoptWord |
OTHER APPOINTED ATTORNEY | Robert G. Pittelkow |
CORRESPONDENCE SECTION (current) | |
NAME | ALEXANDRA M. HALL |
FIRM NAME | NATIONAL RENEWABLE ENERGY LABORATORY |
INTERNAL ADDRESS | OFFICE OF GENERAL COUNSEL |
STREET | 15013 DENVER WEST PARKWAY, RSF 406 |
CITY | GOLDEN |
STATE | Colorado |
POSTAL CODE | 80401-3305 |
COUNTRY | US |
PHONE | 303-384-7577 |
FAX | 303-384-7499 |
Alexandra.Hall@nrel.gov; trademarks@nrel.gov; suzanne.hoffman@nrel.gov; john.stolpa@nrel.gov | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | TM/REoptWord |
CORRESPONDENCE SECTION (proposed) | |
NAME | Alexandra M. Hall |
FIRM NAME | NATIONAL RENEWABLE ENERGY LABORATORY |
INTERNAL ADDRESS | OFFICE OF GENERAL COUNSEL |
STREET | 15013 DENVER WEST PARKWAY, RSF 406 |
CITY | GOLDEN |
STATE | Colorado |
POSTAL CODE | 80401-3305 |
COUNTRY | United States |
PHONE | 303-384-7507 |
FAX | 303-384-7499 |
Alexandra.Hall@nrel.gov; Suzanne.Hoffman@nrel.gov; Robert.Pittelkow@nrel.gov; trademarks@nrel.gov | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | TM/REoptWord |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Alexandra M. Hall/ |
SIGNATORY'S NAME | Alexandra M. Hall |
SIGNATORY'S POSITION | Attorney of record, Colorado Bar Member |
SIGNATORY'S PHONE NUMBER | 303-384-7507 |
DATE SIGNED | 12/09/2019 |
RESPONSE SIGNATURE | /Alexandra M. Hall/ |
SIGNATORY'S NAME | Alexandra M. Hall |
SIGNATORY'S POSITION | Attorney of record, Colorado Bar Member |
SIGNATORY'S PHONE NUMBER | 303-384-7507 |
DATE SIGNED | 12/09/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Dec 09 16:44:27 EST 2019 |
TEAS STAMP | USPTO/ROA-XXX.XXX.XX.XX-2 0191209164427404666-88377 665-700e760909b56f2279539 b31540fb8e321584d68ca85f5 b8ef287ee35175a23304-N/A- N/A-20191209162324804631 |
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) |
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.