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: 90279037

Filing Date: 10/26/2020

To the Commissioner for Trademarks:

MARK: TOTAL CONTROL (stylized and/or with design, see mark)
The literal element of the mark consists of TOTAL CONTROL. The applicant is not claiming color as a feature of the mark. The mark consists of the words "TOTAL CONTROL" with a design element.
The applicant, Universal Remote Control, Inc., a corporation of New York, having an address of
      500 Mamaroneck Avenue
      Harrison, New York 10528
      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:  remote controls and software for remote controls for audio video and visual equipment, namely, televisions, sound and video recording and playback machines, cable television converters and controllers, audio-video receivers, stereos, optical media players, radios, satellite television controllers; home automation control systems comprising of sensors, electronic components, and software required to program and operate home electronic appliances; home automation software for lighting, HVAC, security, safety and other in-room monitoring and control applications; hardware for thermostat and HVAC control; Digital media multi-room audio servers; streaming audio players; LAN video cameras; security cameras; computerized control keypads; computer hardware for lighting control; electric light dimmers; electric switches; computer network switches; network routers

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 10/01/2020, and first used in commerce at least as early as 10/01/2020, 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) Three photographic images showing three sides of the packaging for the goods..

Original PDF file:
SPE0-10037179212-20201026 164710972234_._TOTAL_CONT ROL_Logo_Specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4026906.


The owner's/holder's proposed attorney information: Douglas A. Miro, Esq.. Other appointed attorneys are Daniel Ebenstein, Philip H. Gottfried, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Chester Rothstein, Charles R. Macedo, Brian Comack, Max Vern, Holly Pekowsky, Douglas A. Miro, Mark Berkowitz, Charles P. LaPolla, Richard S. Mandaro, Marc J. Jason, Matthieu Hausig, Alan Miller, Marion Metelski, Benjamin Charkow, Suzue Fujimori, Brian Amos, Hajime Sakai, David P. Goldberg, Sandra Hudak, Tuvia Rotberg, Dexter Chang, Keith J. Barkaus, Michael R. Jones, Christopher Lisiewski and Albert J. Boardman, Chandler Sturm. Douglas A. Miro, Esq. of Amster, Rothstein & Ebenstein 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
      21st Floor
      90 Park Avenue
      New York, New York 10016
      United States
      212-336-8000(phone)
      212 336 8001(fax)
      ptodocket@arelaw.com
The docket/reference number is 92028/24.
Douglas A. Miro, Esq. 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:

Douglas A. Miro, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Douglas A. Miro, Esq./   Date: 10/26/2020
Signatory's Name: Douglas A. Miro, Esq.
Signatory's Position: attorney of record; New York State Bar member
Payment Sale Number: 90279037
Payment Accounting Date: 10/26/2020

Serial Number: 90279037
Internet Transmission Date: Mon Oct 26 17:46:25 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202010261746254
58314-90279037-750808074679eb10787033cb1
7e574c71454bb6ff14ad95d318b9dbcb67592437
8-CC-46245875-20201026164710972234