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)

---

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: 88584699

Filing Date: 08/20/2019

To the Commissioner for Trademarks:

MARK: OUTSMART (Standard Characters, see mark)
The literal element of the mark consists of OUTSMART. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Overview Technologies, Inc., a corporation of Delaware, having an address of
      15821 Ventura Blvd., Suite 490
      Encino, California 91436
      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:  Anti-intrusion alarms; burglar alarms; personal security alarms; radio transmitters; video transmission apparatus; emergency signal transmitters; digital media, radio and video receivers; motion detectors; voice and video communication hubs; cameras, namely, video, television and surveillance cameras for building and home security; video and television monitors; mounting devices for cameras and monitors; transponder location system consisting of antennas and satellite and radio transmitters and receivers; personnel locator devices to use global positioning systems (GPS) and cellular telecommunications; motion sensitive security lights; electric and electronic video surveillance installations; computer hardware and peripherals; electric, optical and proximity sensors for environmental use; fire alarm and emergency evacuation devices, namely, strobes, sirens, bells, horns, and speakers; remote controls, keypads and control panels for security systems, anti-intrusion alarms, burglar alarms, personal health and security alarms, home surveillance systems, lighting controls and home automation devices; computer software used to operate, manage and monitor security systems, anti-intrusion alarms, burglar alarms, personal health and security alarms, home surveillance systems, lighting controls and home automation devices; computer software used to monitor and track movement activity, user conditions and environmental conditions, and used to transmit electronic messages and data via communications networks; automation systems comprising wireless and wired controllers, controlled devices, and software for security, safety and other monitoring and control applications; computer software, namely, computer software for creating private networks and communities; computer software providing a communications platform enabling users to create private networks and online communities based on geographic locations and shared geographic boundaries; software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information over the Internet or other communications network; computer software tools for social networking, building social networking applications and for allowing data retrieval, upload, access and management; computer software for allowing user to receive information about their personal home security and surveillance systems and those surveillance systems within a defined community; computer software for allowing users to control the operating parameters of their personal home security and surveillance system; computer software application programming interface (API) for third-party software and online services for building private communities and sharing information relating to security, crime, panic, alert and emergency situations and responses within the private communities and for allowing data retrieval, upload, access and management of information; computer software and software tools for designing, customizing and installing home security and surveillance 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:  Installation consulting services in the field of computer hardware, peripherals and software used for security systems, alarms, home surveillance, lighting controls, home automation, personnel location and movement tracking
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 038:  Telecommunication services, namely, providing access to pictures, video, alarm status, building plans and other building and security information to a remote location; electronic transmission of voice, messages and data; information transmission via electronic communications networks; transmission of sound, video and information; transmission, reception and processing of coded and emergency signals; electronic mail services transmission of e-mail; instant messaging services; electronic voice messaging, namely, the recording and subsequent transmission of voice messages by telephone; emergency message sending via a website; electronic transmission of instant messages and data; chat room services for social networking; Providing on-line chat rooms for social networking; Providing online chat rooms, electronic bulletin boards and forums for registered users for transmission of messages and communications concerning local communities, news, and events, topics of general interest, classifieds, virtual community, social networking, photo sharing, transmission of photographic images and information regarding security, crime, panic, alert and emergency situations and responses; provision of on-line forums for the transmission of photographic images and audio/video content; providing access to computer databases featuring pre-populated and user-generated information related to topics of general interest and community security
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:  Technological consultation services in the field of computer hardware, peripherals and software used for security systems, alarms, home surveillance, lighting controls, home automation, personnel location and movement tracking; providing use of online non-downloadable computer software used to install, operate, manage and monitor security systems, alarm units, anti-intrusion alarms, burglar alarms, personal security alarms, home surveillance systems, lighting controls and home automation devices; providing use of online non-downloadable computer software used to monitor and track movement activity, health conditions and environmental conditions in monitored areas, and used to transmit electronic messages and data via communications networks; computer services, namely, online non-downloadable software that allows users or administrators to create on-line communities related to shared geographic boundaries, common interests, and local events, activities, and security, crime, panic, alert and emergency situations and responses; Computer services, namely, creating an on-line community for registered users for the purpose of discussing and sharing community security issues; computer services, namely, hosting online web facilities for others for organizing and conducting online meetings, gatherings, and interactive discussions; computer services in the nature of customized web pages featuring user-defined information, personal profiles and information; computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking and the sharing of information; Providing a website that gives users the ability to review various print, photographic, graphic image, and audio and video content and utilize a custom template to provide input, likes, dislikes, edits, changes, modifications, opinions, suggestions, and comments and engage in social and community networking; Providing temporary use of non-downloadable software applications for classifieds, virtual community, social networking, photo sharing, transmission of photographic images and sharing of security related information; computer services, namely, providing search platforms to allow users to request content from and receive content to a mobile device; providing customized on-line web pages featuring user-defined information, which includes blog posts, new media content, other on-line content, on-line web links to other websites and on-line content related to events, activities and occurrences within a defined on-line community; hosting an online community website featuring shared communications between community members interested in community security
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 045:  Alarm response and verification services; monitoring and remote monitoring of alarms, security systems and home automation systems for security purposes; monitoring of computer systems for security purposes; electronic monitoring services for security purposes in the fields of homes, persons and businesses; control of building access and security systems; monitoring and managing messages from subscribers and notifying emergency responders or emergency contacts when appropriate; providing on-line computer databases and on-line searchable databases in the field of social, community and local networking; providing on-line computer databases and on-line searchable databases in the field of community security
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 hereby appoints Jennifer Hamilton. Other appointed attorneys are Jan Sundberg, Paul Kosacz, Shawn Hussain. Jennifer Hamilton of Avyno Law P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      6345 Balboa Blvd., Suite 208
      6345 Balboa Blvd., Suite 208
      Encino, California 91316
      United States
      818-654-8841(phone)
      jhh@avynolaw.com (authorized).
The attorney docket/reference number is OVT19001USIT.
Jennifer Hamilton 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:

Jennifer Hamilton

Avyno Law P.C.

6345 Balboa Blvd., Suite 208       6345 Balboa Blvd., Suite 208

Encino, California 91316

818-654-8841(phone)

jhh@avynolaw.com; Trademarks@avynolaw.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $1375 has been submitted with the application, representing payment for 5 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: /Jennifer H. Hamilton/   Date: 08/19/2019
Signatory's Name: Jennifer H. Hamilton
Signatory's Position: Attorney for Applicant, California Bar Member
Payment Sale Number: 88584699
Payment Accounting Date: 08/20/2019

Serial Number: 88584699
Internet Transmission Date: Tue Aug 20 00:11:48 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2019082000114893
9458-88584699-61010e39db5e4d9ab812d9ef97
381eb031e9b1a39631e37999e9376d951435-CC-
11489615-20190820000215067445