To: | Rhythm Energy, Inc. (mkeipdocket@michaelbest.com) |
Subject: | U.S. Trademark Application Serial No. 88746449 - RHYTHM - 215725-9001 |
Sent: | May 08, 2020 10:08:11 PM |
Sent As: | ecom126@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88746449
Mark: RHYTHM
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Correspondence Address: |
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Applicant: Rhythm Energy, Inc.
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Reference/Docket No. 215725-9001
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: May 08, 2020
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by Laura Konkel on May 7, 2020, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
AMENDED IDENTIFICATION OF SERVICES
The identification of services is amended to read as follows, with amended wording in bold:
International Class 35: Retail energy provider services that allow customers to purchase energy, renewable energy, electricity, and natural gas; retail energy provider services that allow customers to purchase renewable energy credits; energy use management services through the establishment of a system of allowances, reductions, credits, and offsets for renewable energy, pollution, carbon dioxide, and greenhouse gas emission; energy management services, namely, providing a service that allow customers to purchase energy, renewable energy, electricity, and natural gas; energy management services, namely, providing a service that allows customers to purchase energy, namely, electricity, natural gas and renewable energy, at a fixed price; energy management services, namely, providing a service that allows customers to purchase energy from various energy providers; energy usage management; energy usage management information services; consulting services in the field of energy usage management and energy efficiency; home energy assessment services for the purpose of determining energy efficiency or usage management; online retail store services featuring energy efficient products; billing services in the field of energy; utility bill management services, namely, tracking, reporting, analyzing and delivering energy information in the form of utility bills and utility meter data rate schedules; utility bill management services, namely, providing customer access to their energy utility bill account information, account management tools, energy usage pattern information, and energy consumption and usage data for purposes of energy account business management and energy usage management; business management and operation of renewable energy sources for others; online retail store services featuring energy generation and management equipment; utility bill management services, namely, tracking utility meter data schedules for generation of energy for others; providing information regarding energy efficiency and energy use management; business management services, namely, controlling and managing energy usage for business customers; providing a website that buyers of services use to determine and receive service quotations from multiple competitive sources and sellers of services identify and bid on contractual agreements for electricity service; procurement services, namely, procurement of contracts for others for purchasing electric energy for others; arranging and conducting incentive reward programs to promote the buyback purchasing of excess electricity generated by renewable energy generation systems; promoting public awareness of energy efficiency, renewable energy, environmentally-friendly energy, energy conservation, and environmental awareness; promoting public interest and awareness of renewable energy research, development, and education; energy demand response services, namely, business administration services for an incentive program to reduce energy usage during periods of high energy demand; providing information, advice, and consultancy related to energy, renewable energy, energy consumption, energy measurement, energy usage, energy efficiency, energy cost management, energy savings, energy assessments, energy conservation, carbon offsets, energy use and demand management, energy risk tolerance and load response, energy products and services
See TMEP §§1402.01, 1402.01(e).
WHAT HAPPENS NEXT:
After the trademark examining attorney issues the examiner’s amendment, applicant will not receive a registration on the Principal Register for the applied-for mark until the mark makes it through the publication process and opposition period. The publication process starts once the trademark examining attorney issues the examiner’s amendment and the mark is approved for publication in the USPTO’s Trademark Official Gazette, a weekly online publication. The USPTO will then send a “Notice of Publication” to the applicant specifying the date its mark will publish in this publication.
The USPTO publishes applicant’s mark in the Trademark Official Gazette to provide third parties who believe they may be damaged by registration of applicant’s mark an opportunity to oppose registration of that mark within thirty (30) days from the publication date. An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on these matters. If a third party opposes registration of applicant’s mark by instituting an opposition proceeding, the USPTO will send applicant notice of this opposition.
If no one opposes registration of the mark, and the mark was published based upon an applicant’s actual use of the mark in commerce or on a foreign registration, the USPTO generally registers the mark and issues a registration certificate within approximately twelve (12) weeks after the publication date.
If no one opposes registration of the mark, and the mark was published based upon an applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date. Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request). Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance. If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request. The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.
For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines. Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.
/Michelle Ribaudo/
Examining Attorney
Law Office 126
(571) 270-3962
michelle.ribaudo@uspto.gov