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: 88768841

Filing Date: 01/22/2020

To the Commissioner for Trademarks:

MARK: DYNAMIC COOLING MANAGEMENT (Standard Characters, see mark)
The literal element of the mark consists of DYNAMIC COOLING MANAGEMENT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Vigilent Corporation, a corporation of Delaware, having an address of
      2001 Broadway
      Oakland, California 94612
      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:  Computer hardware and software system for remotely monitoring environmental conditions and controlling devices within a building, facility, grounds, or designated spatial area; Computer hardware and software systems for monitoring environmental and device attributes and controlling devices; Computer software and hardware for automated process control

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 07/31/2013, and first used in commerce at least as early as 07/31/2013, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) User guide showing use of the mark in connection with the goods..

Original PDF file:
SPE0-19824618949-20200122114408700310_._-_Dynamic_Cooling_Management_-_Class_9_Specimen_-_User_Guide.pdf
Converted PDF file(s) (7 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7

International Class 042:  Remote monitoring services for monitoring and controlling environmental conditions and energy management within a building, facility, grounds, or designated area

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 07/31/2013, and first used in commerce at least as early as 07/31/2013, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Website printout showing use of the mark in connection with the services..
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4476398.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4476398.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The applicant hereby appoints Charles P. Guarino. Other appointed attorneys are Alan Taboada; Leonard P. Linardakis; Eileen M. Hansen. Charles P. Guarino of Moser Taboada, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1030 Broad Street - Suite 203
      Shrewsbury, New Jersey 07702
      United States
      732-935-7100(phone)
      732-935-7122(fax)
      docket@mtiplaw.com (authorized).
The attorney docket/reference number is VIG014US2.
Charles P. Guarino 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:

Charles P. Guarino

Moser Taboada

1030 Broad Street - Suite 203

Shrewsbury, New Jersey 07702

732-935-7100(phone)

732-935-7122(fax)

docket@mtiplaw.com; cguarino@mtiplaw.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 $550 has been submitted with the application, representing payment for 2 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: /Charles P. Guarino/   Date: 01/22/2020
Signatory's Name: Charles P. Guarino
Signatory's Position: Attorney for Applicant, NJ Bar Member, Associate of Moser Taboada
Payment Sale Number: 88768841
Payment Accounting Date: 01/22/2020

Serial Number: 88768841
Internet Transmission Date: Wed Jan 22 12:19:05 EST 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202001221219052
58357-88768841-7004fb22f31997a496434a2df
4e15272d79e4e3c4c1e80e3d340b4e36eae5e83-
CC-19042544-20200122115209748783