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. 88454741 RHAPSODY(Standard Characters, see http://uspto.report/TM/88454741/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Argument section and supporting evidence. has been attached.
Original PDF file:
evi_68112200191-20200228211505639613_._e_Action_Response_-_Likelihood_of_Confusion_4835-3400-1334_v.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_68112200191-20200228211505639613_._EcoSmart_Energy_Management_Solutions___Telkonet.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Commercial intelligent automation control systems, namely, wireless devices, switches, outlets, gateways and sensors for internet of things (IoT) applications, intelligence for internet of things (IoT) enabled devices, and commercial automation controls
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Commercial intelligent automation control systems, namely, wireless devices, switches, outlets, gateways and sensors for internet of things (IoT) applications, intelligence for internet of things (IoT) enabled devices, and commercial automation controls; Commercial intelligent automation control systems, namely, wireless thermostats, wi-fi enabled smart switches, gateway routers in the nature of device and sensor control hardware and environmental sensors for internet of things (IoT) applications, for intelligence for internet of things (IoT) enabled devices, and for use in connection with commercial automation controlsClass 009 for Commercial intelligent automation control systems, namely, wireless thermostats, wi-fi enabled smart switches, gateway routers in the nature of device and sensor control hardware and environmental sensors for internet of things (IoT) applications, for intelligence for internet of things (IoT) enabled devices, and for use in connection with commercial automation controls
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Telkonet, Inc., a corporation of Utah, having an address of
      20800 Swenson Drive, Suite 175
      Waukesha, Wisconsin 53186
      United States
      Email Address: PTO-WIS@huschblackwell.com
      414-302-2299
Proposed: Telkonet, Inc., a corporation of Utah, having an address of
      20800 Swenson Drive, Suite 175
      Waukesha, Wisconsin 53186
      United States
      Email Address: TM-MAD@huschblackwell.com
      414-302-2299

The owner's/holder's current attorney information: Melinda S. Giftos. Melinda S. Giftos of HUSCH BLACKWELL LLP, is located at

      33 EAST MAIN STREET, SUITE 300
      PO BOX 1379
      MADISON, Wisconsin 53701-1379
      United States
      The phone number is 608-234-6076.
      The email address is PTO-WIS@huschblackwell.com

The owner's/holder's proposed attorney information: Melinda S. Giftos. Melinda S. Giftos of HUSCH BLACKWELL LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      33 EAST MAIN STREET, SUITE 300
      PO BOX 1379
      MADISON, Wisconsin 53701-1379
      United States
      The phone number is 608-234-6076.
      The email address is PTO-WIS@huschblackwell.com

Melinda S. Giftos 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.Correspondence Information (current):
      MELINDA S. GIFTOS
      PRIMARY EMAIL FOR CORRESPONDENCE: PTO-WIS@huschblackwell.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mindi.giftos@huschblackwell.com
Correspondence Information (proposed):
      Melinda S. Giftos
      PRIMARY EMAIL FOR CORRESPONDENCE: PTO-WIS@huschblackwell.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mindi.giftos@huschblackwell.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Melinda S. Giftos/     Date: 02/28/2020
Signatory's Name: Melinda S. Giftos
Signatory's Position: Attorney of Record, Wisconsin & Florida bar member

Signatory's Phone Number: 608.234.6076

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:    MELINDA S. GIFTOS
   HUSCH BLACKWELL LLP
   33 EAST MAIN STREET, SUITE 300
   PO BOX 1379
   MADISON, Wisconsin 53701-1379
Mailing Address:    Melinda S. Giftos
   HUSCH BLACKWELL LLP
   33 EAST MAIN STREET, SUITE 300
   PO BOX 1379
   MADISON, Wisconsin 53701-1379
        
Serial Number: 88454741
Internet Transmission Date: Fri Feb 28 21:20:41 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202002282120413
79018-88454741-7106a418459da589c866fcc32
e2a3ac8198466686b537d7822129f5b41305a1cc
2-N/A-N/A-20200228211505639613