TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88463886

Filing Date: 06/07/2019

To the Commissioner for Trademarks:

MARK: CHANGE IS IN THE AIR (Standard Characters, see mark)
The literal element of the mark consists of CHANGE IS IN THE AIR.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Mistbox, Inc., a corporation of Delaware, having an address of
      10661 HADDINGTON DR., SUITE 170
      HOUSTON, Texas 77043
      United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 009:  Downloadable computer software for assessing and managing energy usage, improving energy efficiency, providing energy consumption information and predicting and reporting maintenance and service needs for HVAC equipment; Computer software for performing control functions for climate control systems; Computer software for monitoring and controlling residential and commercial building heating and air conditioning; Software for diagnostics and troubleshooting in the field of electric appliances, namely, heating, ventilation or air conditioning appliances; Software application for recording and displaying data related to HVAC systems; Electronic controls/control modules for residential and commercial HVAC systems; sensors, namely, humidity sensors and temperature sensors; safety sensors, namely, carbon monoxide sensors and air motion sensors; electronic sensor pack modules for collecting temperature, current, voltage, and HVAC performance system data; diagnostic computer hardware; diagnostic apparatus, namely, programmable logic controllers for collecting and communicating HVAC system performance and health data and electronic control systems for assessing and analyzing HVAC systems; software for use in controlling, configuring, monitoring, diagnosing, adjusting, maintaining and repairing equipment, namely, HVAC systems; software for use in controlling and communicating diagnostic information for residential and commercial heating, ventilation, and air conditioning applications; software for remotely controlling temperatures in HVAC systems; software for remotely detecting conditions of and malfunctions in HVAC systems
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 035:  Online retail store services featuring HVAC units, HVAC parts and accessories, thermostats, temperature sensors, air conditioners, condensing units, heat pumps, air filters, air-cooled condensers, compressors for air conditioners, furnaces powered by gas, furnaces powered by electricity, furnaces powered by oil, air handlers, coils as parts of heating or cooling installations; Online retail store services featuring electronic sensors and controllers for use with HVAC systems, wireless controllers for digital thermostats, climate control systems consisting of digital thermostats, air conditioning, heating, ventilation and drying control devices, electronic monitors to collect operational data and settings, including temperature data and settings, from HVAC equipment to ensure proper functioning, remote controls for monitoring and control of air conditioning in living environments, remote controls for climate control, and internet-based thermostat controllers and hard-wired thermostat controllers for controlling heating, ventilation and air conditioning systems
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 037:  HVAC contractor services; Installation and maintenance of heating, ventilating and air conditioning equipment; Maintenance of HVAC systems; Air conditioning contractor services; Furnace installation and repair; Heating contractor services
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 042:  Remote monitoring incorporating remote control of the functioning and use of climate control systems via the Internet; Remote monitoring incorporating remote control of the functioning and use of heating systems via the Internet; Remote monitoring incorporating remote control of the functioning and use of air-conditioning systems via the Internet; Remote monitoring incorporating remote control of the functioning and use of air-conditioning control systems via the Internet; Providing temporary use of on-line non-downloadable software for monitoring and controlling climate control systems; Providing temporary use of on-line non-downloadable software for connecting, operating, and managing networked internet of things (IoT) sensor monitoring devices in the internet of things (IoT); Providing online non-downloadable software for assessing and managing energy usage, improving energy efficiency, providing energy consumption information and predicting and reporting maintenance and service needs for HVAC equipment; Providing online non-downloadable software for assessing and managing energy usage, improving energy efficiency, providing energy consumption information and predicting and reporting maintenance and service needs for HVAC equipment; Providing online non-downloadable software for performing control functions for climate control systems; Providing online non-downloadable software for monitoring and controlling residential and commercial building heating and air conditioning; Providing online non-downloadable software for diagnostics and troubleshooting in the field of electric appliances, namely, heating, ventilation or air conditioning appliances; Providing online non-downloadable software for recording and displaying data related to HVAC systems; Remote monitoring services of heating, ventilating and air conditioning apparatus.
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


The applicant's current Attorney Information:
      John Patton of Patton Law Group, PLLC      950 E. State Hwy 114, SUITE 160
      Southlake, Texas 76092
      United States
      214-932-1545(phone)
      john.patton@pattonip.com (authorized)

The applicant's current Correspondence Information:

John Patton

Patton Law Group, PLLC

950 E. State Hwy 114, SUITE 160

Southlake, Texas 76092

214-932-1545(phone)

john.patton@pattonip.com;info@pattonip.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1100 has been submitted with the application, representing payment for 4 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Joshua Teekell/   Date: 06/07/2019
Signatory's Name: Joshua Teekell
Signatory's Position: CEO & President
Payment Sale Number: 88463886
Payment Accounting Date: 06/07/2019

Serial Number: 88463886
Internet Transmission Date: Fri Jun 07 12:56:48 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201906071256484
39096-88463886-620e9fc8ac4ae4cd1a3ebd0af
515777f3373d048e048573d497b4fe79c1a25563
6-CC-9978-20190606235505841568