TEAS Plus New Application

PTO- 1478

Approved for use through 06/30/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 06/30/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 90780859

Filing Date: 06/17/2021

To the Commissioner for Trademarks:

MARK: FIX SUPPORT CENTER COMFORT SYSTEMS USA (stylized and/or with design, see mark)
The literal element of the mark consists of FIX SUPPORT CENTER COMFORT SYSTEMS USA. The color(s) black, blue, red, and gray is/are claimed as a feature of the mark. The mark consists of the term "FIX" in stylized, blue lettering with a radar design consisting of a red dot and two red curved lines extending to the right and having the wording "SUPPORT CENTER" directly below in gray, stylized lettering in a smaller font. The phrase "COMFORT SYSTEM USA" appears at the top right portion of the mark in black, stylized lettering except for the letter "S" in the term "USA" which is colored blue on the top half and red on the bottom half. The color white indicates background and is not part of the mark.
The applicant, Comfort Systems USA, Inc., a corporation of Delaware, having an address of
      675 Bering Drive, Ste. 400
      Houston, Texas 77057
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 037:  Technical support services, namely, technical advice related to the installation of electrical and mechanical systems, HVAC equipment, HVAC units, HVAC systems, and plumbing installations; Technical support services, namely, technical advice related to the repair of electrical and mechanical systems, HVAC equipment, HVAC units, HVAC systems, and plumbing installations
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Education services, namely, providing classes, seminars, and workshops in the fields of service support in the HVAC, plumbing, electrical, and mechanical contractor industries; Educational services, namely, conducting programs in the field of HVAC, plumbing, electrical, and mechanical contractor industries; Educational services, namely, providing online instruction in the field of service support in the HVAC, plumbing, electrical, and mechanical contractor industries
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. (15 U.S.C. Section 1051(b)).



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5779141, 4781233, 2959009, and others.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
COMFORT SYSTEMS USA 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.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
COMFORT SYSTEMS USA 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). 2959009 .


The owner's/holder's proposed attorney information: John S. Egbert. Other appointed attorneys are Kevin S. Wilson, Michael F. Swartz. John S. Egbert of Egbert, McDaniel & Swartz, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1001 Texas Ave., Suite 1250
      Houston, Texas 77002
      United States
      713-224-8080(phone)
      713-223-4873(fax)
      mail@emsip.com
The docket/reference number is 3025-35.
John S. Egbert 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:

John S. Egbert

PRIMARY EMAIL FOR CORRESPONDENCE: mail@emsip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kwilson@emsip.com; USPTO@dockettrak.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 $500 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 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: /3025-35/   Date: 06/17/2021
Signatory's Name: Kevin S. Wilson
Signatory's Position: Attorney of record, Texas bar member
Signatory's Phone Number: 713-224-8080 x206
Signature method: Signed directly within the form
Payment Sale Number: 90780859
Payment Accounting Date: 06/17/2021

Serial Number: 90780859
Internet Transmission Date: Thu Jun 17 20:14:37 ET 2021
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XX-20210617201437361
166-90780859-780a267d71ec0d8dd7193235859
499eb4981e8ee0f8b9258229070379c28fe2-CC-
14364036-20210617195211246298