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: 88746449

Filing Date: 01/03/2020

To the Commissioner for Trademarks:

MARK: RHYTHM (Standard Characters, see mark)
The literal element of the mark consists of RHYTHM. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Rhythm Energy, Inc., a corporation of Delaware, having an address of
      3730 Kirby Drive, Suite 1200
      Houston, Texas 77098
      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 035:  Retail energy services that allow customers to purchase energy, renewable energy, electricity, and natural gas; retail energy 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; providing a web-based service that provides customer access to their energy 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; managing an operating renewable energy sources for others; sale, resale, and leasing of energy generation and management equipment; scheduling 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 used to determine service quotations and contractual agreements for electricity service; procurement services, namely, purchasing electric energy for others; buyback incentive programs in the nature of purchasing 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 research, development, and education in the field of renewable energy; 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
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 036:  Financing of renewable energy sources and generation facilities; providing warranties on goods manufactured by others, namely, home appliances and HVAC equipment; energy brokerage services; providing payment plans for the purchase of electricity, namely, electricity rate plans; bill payment services; providing financial information regarding the energy industry and energy commodities; providing a buyback credit program for excess electricity generated by renewable energy generation systems; arranging for the purchase, sale, or trade of renewable energy, pollution, carbon dioxide, and greenhouse gas emission credits; trading and brokerage of renewable energy, pollution, carbon dioxide, and greenhouse gas emission credits, allowances, or offsets of others; consultation in the field of buying, selling, trading, and brokerage of renewable energy, pollution, carbon dioxide, and greenhouse gas emission credits, allowances, or offsets
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:  Home and building energy assessment services for the purpose of determining home and building improvements needed to improve energy use and efficiency; providing information related to the installation, maintenance, and repair of home and building electrical systems, electrical controls, appliances, windows, roofs, and insulation; maintenance of renewable energy sources; installation, maintenance, and repair of energy systems and products; home maintenance and repair 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:  Design and development of renewable energy sources; remote monitoring of power generation equipment, HVAC equipment, and household appliances; utility meter data management and analysis; providing internet-based software application for estimating electricity usage and electricity charges; providing internet-based software for monitoring, controlling, and analyzing energy usage and carbon emissions; consulting services related to energy use and management
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 Laura M. Konkel. Other appointed attorneys are All other attorneys of Michael Best & Friedrich LLP. Laura M. Konkel of Michael Best & Friedrich LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      One South Pinckney Street, Suite 700
      Madison, Wisconsin 53703
      United States
      608-257-3501(phone)
      608-283-2275(fax)
      mkeipdocket@michaelbest.com (authorized).
The attorney docket/reference number is 215725-9001.
Laura M. Konkel 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:

Laura M. Konkel

Michael Best & Friedrich LLP

100 East Wisconsin Avenue, Suite 3300

Milwaukee, Wisconsin 53202

608-257-3501(phone)

608-283-2275(fax)

mkeipdocket@michaelbest.com; lmkonkel@michaelbest.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 $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: /Gordon Avery/   Date: 01/03/2020
Signatory's Name: Gordon Avery
Signatory's Position: Head of Marketing
Payment Sale Number: 88746449
Payment Accounting Date: 01/03/2020

Serial Number: 88746449
Internet Transmission Date: Fri Jan 03 16:37:05 EST 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020010316370577
4470-88746449-7001428420a73f9b88dab26796
33b7e9c0483f4610a395128be5c1ceafe72a5a1-
CC-37049194-20200102163244986785