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: 90002617

Filing Date: 06/15/2020

To the Commissioner for Trademarks:

MARK: ! (stylized and/or with design, see mark)
The literal element of the mark consists of !. The applicant is not claiming color as a feature of the mark. The mark consists of a circle with a slanted exclamation point superimposed within the circle.
The applicant, Cousins & Sears, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      1941 Route 9
      Garrison, New York 10524
      United States
      XXXX

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:  Downloadable computer software for monitoring temperature and humidity, and instructional user guides sold as a unit; downloadable computer software for tracking weather patterns in the field of monitoring weather elements; environmental monitoring system comprised of meters and sensors that measure humidity, temperature and includes alarm and reporting functions; temperature sensors; humidity sensors; computer hardware and downloadable computer software that allows users to continuously and wirelessly monitor temperature and humidity sensors; downloadable computer software application for logging data and generating reports; environmental monitoring systems comprised of sensors, electronic data recorders and gateways in the nature of gateway routers in the nature of computer control hardware for use in collecting, measuring, analyzing, and reporting weather elements and providing alerts of triggering events, all via a computer network; downloadable computer software application used to allow users to interface with environmental monitoring systems and to receive alerts; wireless remote data collection and transmission instruments in the nature of computer hardware for an on-line remote monitoring service for monitoring temperature and humidity; computer hardware and computer software used to monitor and collect data on the temperature and humidity and to transmit the data to a host or a remote computer system used to provide alerts in the case of triggering events and to compile reports; downloadable computer software application used to allow users to interface with monitoring systems and to receive alerts

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 02/12/2016, and first used in commerce at least as early as 02/12/2016, 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) Photographs of packaging and product with applied-for mark.
Specimen File1
Specimen File2




The owner's/holder's proposed attorney information: Shehla Syed. Other appointed attorneys are Louise Kennedy. Shehla Syed of West Hill Technology Counsel, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      900 Cummings Center, Suite 206-T
      Beverly, Massachusetts 01915
      United States
      978-274-7053(phone)
      978-274-7053(fax)
      ssyed@westhillcounsel.com

Shehla Syed 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:

Shehla Syed

PRIMARY EMAIL FOR CORRESPONDENCE: ssyed@westhillcounsel.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ip@westhillcounsel.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Shehla Syed/   Date: 06/15/2020
Signatory's Name: Shehla Syed
Signatory's Position: Attorney of Record, Massachusetts Bar Member
Payment Sale Number: 90002617
Payment Accounting Date: 06/15/2020

Serial Number: 90002617
Internet Transmission Date: Mon Jun 15 18:30:33 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20200615183033370
386-90002617-710dc99292b31248bb11b3660f8
b6d0c8aa3c3e8a9aaf7fc6103bf168f17168c16e
-CC-30327873-20200615181747348160