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. 88746449 RHYTHM(Standard Characters, see http://uspto.report/TM/88746449/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 035 for 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
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: Retail energy services that allow customers to purchase energy, renewable energy, electricity, and natural gas; Retail energy provider services that allow customers to purchase energy, renewable energy, electricity, and natural gas; retail energy services that allow customers to purchase renewable energy credits; 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; 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; 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; managing an operating renewable energy sources for others; business management and operation of renewable energy sources for others; sale, resale, and leasing of energy generation and management equipment; retail sale and resale of energy generation and management equipment; scheduling generation of energy for others; 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 used to determine service quotations and contractual agreements for electricity service; 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, purchasing electric energy for others; procurement services, namely, procurement of contracts for others for purchasing electric energy for others; buyback incentive programs in the nature of purchasing excess electricity generated by renewable energy generation systems; 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 research, development, and education in the field of renewable energy; 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 servicesClass 035 for 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; retail sale and resale of 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
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.

Applicant proposes to amend the following:
Current: Class 036 for 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
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: 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; administrative services in the nature of financial administration of 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; financial administration of 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; arranging for the financing 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; financial consultation in the field of buying, selling, trading, and brokerage of renewable energy, pollution, carbon dioxide, and greenhouse gas emission credits, allowances, or offsetsClass 036 for Financing of renewable energy sources and generation facilities; providing warranties on goods manufactured by others, namely, home appliances and HVAC equipment; energy brokerage services; administrative services in the nature of financial administration of payment plans for the purchase of electricity, namely, electricity rate plans; bill payment services; providing financial information regarding the energy industry and energy commodities; financial administration of a buyback credit program for excess electricity generated by renewable energy generation systems; arranging for the financing 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; financial consultation in the field of buying, selling, trading, and brokerage of renewable energy, pollution, carbon dioxide, and greenhouse gas emission credits, allowances, or offsets
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.

Applicant proposes to amend the following:
Current: Class 042 for 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
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: Design and development of renewable energy sources; Product design and development in the field of renewable energy sources; remote monitoring of power generation equipment, HVAC equipment, and household appliances; remote monitoring of the functioning and use of power generation equipment, HVAC equipment, and household appliances; utility meter data management and analysis; electricity and natural gas services, namely, utility meter data management and analysis; providing internet-based software application for estimating electricity usage and electricity charges; providing temporary use of web-based software application for estimating electricity usage and electricity charges; providing internet-based software for monitoring, controlling, and analyzing energy usage and carbon emissions; providing an online, non-downloadable software for monitoring, controlling, and analyzing energy usage and carbon emissions; consulting services related to energy use and management; consulting services in the fields of energy measurement to improve energy efficiencyClass 042 for Product design and development in the field of renewable energy sources; remote monitoring of the functioning and use of power generation equipment, HVAC equipment, and household appliances; electricity and natural gas services, namely, utility meter data management and analysis; providing temporary use of web-based software application for estimating electricity usage and electricity charges; providing an online, non-downloadable software for monitoring, controlling, and analyzing energy usage and carbon emissions; consulting services in the fields of energy measurement to improve energy efficiency
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: Rhythm Energy, Inc., a corporation of Delaware, having an address of
      3730 Kirby Drive, Suite 1200
      Houston, Texas 77098
      United States

Proposed: Rhythm Energy, Inc., a corporation of Delaware, having an address of
      3730 Kirby Drive, Suite 1200
      Houston, Texas 77098
      United States
      Email Address: mbftm@michaelbest.com
Correspondence Information (current):
      LAURA M. KONKEL
      PRIMARY EMAIL FOR CORRESPONDENCE: mkeipdocket@michaelbest.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lmkonkel@michaelbest.com

The docket/reference number is 215725-9001.
Correspondence Information (proposed):
      Laura M. Konkel
      PRIMARY EMAIL FOR CORRESPONDENCE: mkeipdocket@michaelbest.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lmkonkel@michaelbest.com

The docket/reference number is 215725-9001.

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: /Laura M. Konkel/     Date: 04/14/2020
Signatory's Name: Laura M. Konkel
Signatory's Position: Attorney of Record, WI Bar Member

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:    LAURA M. KONKEL
   MICHAEL BEST & FRIEDRICH LLP
   
   100 EAST WISCONSIN AVENUE, SUITE 3300
   MILWAUKEE, Wisconsin 53202
Mailing Address:    Laura M. Konkel
   MICHAEL BEST & FRIEDRICH LLP
   100 EAST WISCONSIN AVENUE, SUITE 3300
   MILWAUKEE, Wisconsin 53202
        
Serial Number: 88746449
Internet Transmission Date: Tue Apr 14 21:17:25 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202004142117255
31813-88746449-710ee50cb4df17acf626290a0
3895d944d8b6d3dfd85b98b726723b496f9a4dce
-N/A-N/A-20200414211448763704