PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 04/30/2011)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION (no change)
`
`The table below presents the data as entered.
`
`Entered
`
`77817636
`
`LAW OFFICE 107
`
`GOODS AND/OR SERVICES SECTION (035)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`035
`
`Call center services and vendor management services, namely, the coordination of vendors and performance of repair, improvement and
`maintenance services related to carpentry, janitorial, heating, ventilation and air conditioning (HVAC), plumbing, electrical, fire and life
`Safety, painting, construction, maintenance, asphalt, paving, masonry, landscaping, locksmiths, roofing, glass, dock lift and scissor lift repairs
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 09/29/2009
`
`At least as early as 09/29/2009
`
`GOODS AND/OR SERVICES SECTION (035)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`035
`
`Call center services and vendor management services, namely, the coordination of vendors and performance of repair, improvement and
`maintenance services related to carpentry, janitorial, heating, ventilation and air conditioning (HVAC), plumbing, electrical, fire and life
`Safety, painting, construction, maintenance, asphalt, paving, masonry, landscaping, locksmiths, roofing, glass, dock lift and scissor lift repairs;
`Vendor management services and the coordination of vendors for commercial and industrial facilities
`
`FINAL(cid:160)DESCRIPTION
`
`Vendor management services and the coordination of vendors for commercial and industrial facilities
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 09/29/2009
`
`At least as early as 09/29/2009
`
`GOODS AND/OR SERVICES SECTION (037)(class added)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`037
`
`Call center services in the nature of responding to calls for assistance concerning the repair and maintenance of building interior and exterior
`surfaces, HVAC systems, plumbing systems, electrical systems, fire and safety alarm systems, building locks, roofs, and windows; providing
`repair, improvement and maintenance services in the areas of carpentry, janitorial services, heating, ventilation and air conditioning systems
`(HVAC), plumbing, electrical systems, fire and life safety alarm systems, painting, construction, building maintenance, asphalt paving, road
`paving, masonry, lock repair, roofing, plate glass repair, and repairs of dock lift and scissor lift
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 09/29/2009
`
`At least as early as 09/29/2009
`
`

`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)STATEMENT TYPE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)SPECIMEN FILE NAME(S)
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)ORIGINAL PDF FILE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)CONVERTED PDF FILE(S)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(12 pages)
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)SPECIMEN DESCRIPTION
`
`PAYMENT SECTION
`
`NUMBER OF CLASSES
`
`FEE PER CLASS
`
`TOTAL FEES DUE
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`"The substitute (or new, if appropriate) specimen(s) was/were in use in
`commerce at least as early as the filing date of the application"[for an application
`based on Section 1(a), Use in Commerce] OR "The substitute (or new, if
`appropriate) specimen(s) was/were in use in commerce prior either to the filing of
`the Amendment to Allege Use or expiration of the filing deadline for filing a
`Statement of Use" [for an application based on Section 1(b) Intent-to-Use].
`
`SPN0-38108103194-143041759_._EMCOR_CUSTOMER_SOLUTIONS_CENTER.pdf
`
`\\TICRS\EXPORT9\IMAGEOUT9\778\176\77817636\xml2\ROA0002.JPG
`
`\\TICRS\EXPORT9\IMAGEOUT9\778\176\77817636\xml2\ROA0003.JPG
`
`\\TICRS\EXPORT9\IMAGEOUT9\778\176\77817636\xml2\ROA0004.JPG
`
`\\TICRS\EXPORT9\IMAGEOUT9\778\176\77817636\xml2\ROA0005.JPG
`
`\\TICRS\EXPORT9\IMAGEOUT9\778\176\77817636\xml2\ROA0006.JPG
`
`\\TICRS\EXPORT9\IMAGEOUT9\778\176\77817636\xml2\ROA0007.JPG
`
`\\TICRS\EXPORT9\IMAGEOUT9\778\176\77817636\xml2\ROA0008.JPG
`
`\\TICRS\EXPORT9\IMAGEOUT9\778\176\77817636\xml2\ROA0009.JPG
`
`\\TICRS\EXPORT9\IMAGEOUT9\778\176\77817636\xml2\ROA0010.JPG
`
`\\TICRS\EXPORT9\IMAGEOUT9\778\176\77817636\xml2\ROA0011.JPG
`
`\\TICRS\EXPORT9\IMAGEOUT9\778\176\77817636\xml2\ROA0012.JPG
`
`\\TICRS\EXPORT9\IMAGEOUT9\778\176\77817636\xml2\ROA0013.JPG
`
`applicant's brochure
`
`1
`
`325
`
`325
`
`The filing Attorney has elected not to submit the signed declaration, believing no
`supporting declaration is required under the Trademark Rules of Practice.
`
`/laura goldbard george/
`
`Laura Goldbard George
`
`Attorney of record, New York bar member
`
`01/27/2010
`
`YES
`
`Wed Jan 27 14:34:46 EST 2010
`
`USPTO/ROA-XX.XXX.XXX.XXX-
`20100127143446667038-7781
`7636-460f9a7c186eaeedb969
`bba250bd4eaca-DA-772-2010
`0127143041759142
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 04/30/2011)
`
`To the Commissioner for Trademarks:
`
`Application serial no. 77817636 has been amended as follows:
`
`Response to Office Action
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 035 for Call center services and vendor management services, namely, the coordination of vendors and performance of repair,
`improvement and maintenance services related to carpentry, janitorial, heating, ventilation and air conditioning (HVAC), plumbing, electrical,
`fire and life Safety, painting, construction, maintenance, asphalt, paving, masonry, landscaping, locksmiths, roofing, glass, dock lift and scissor
`lift repairs
`Original Filing Basis:
`Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
`using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
`was first used at least as early as 09/29/2009 and first used in commerce at least as early as 09/29/2009, and is now in use in such commerce.
`
`Proposed:
`Tracked Text Description: Call center services and vendor management services, namely, the coordination of vendors and performance of
`repair, improvement and maintenance services related to carpentry, janitorial, heating, ventilation and air conditioning (HVAC), plumbing,
`electrical, fire and life Safety, painting, construction, maintenance, asphalt, paving, masonry, landscaping, locksmiths, roofing, glass, dock lift
`and scissor lift repairs; Vendor management services and the coordination of vendors for commercial and industrial facilities
`
`Class 035 for Vendor management services and the coordination of vendors for commercial and industrial facilities
`Filing Basis: Section 1(a), Use in Commerce:The applicant is using the mark in commerce, or the applicant's related company or licensee is
`using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
`was first used at least as early as 09/29/2009 and first used in commerce at least as early as 09/29/2009, and is now in use in such commerce.
`Applicant hereby adds the following class of goods/services to the application:
`New: Class 037 for Call center services in the nature of responding to calls for assistance concerning the repair and maintenance of building
`interior and exterior surfaces, HVAC systems, plumbing systems, electrical systems, fire and safety alarm systems, building locks, roofs, and
`windows; providing repair, improvement and maintenance services in the areas of carpentry, janitorial services, heating, ventilation and air
`conditioning systems (HVAC), plumbing, electrical systems, fire and life safety alarm systems, painting, construction, building maintenance,
`asphalt paving, road paving, masonry, lock repair, roofing, plate glass repair, and repairs of dock lift and scissor lift
`Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
`using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
`was first used at least as early as 09/29/2009 and first used in commerce at least as early as 09/29/2009, and is now in use in such commerce.
`Applicant hereby submits a specimen for Class 037. The specimen(s) submitted consists of applicant's brochure.
`"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"
`[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in
`commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for
`an application based on Section 1(b) Intent-to-Use].
`Original PDF file:
`SPN0-38108103194-143041759_._EMCOR_CUSTOMER_SOLUTIONS_CENTER.pdf
`Converted PDF file(s) (12 pages)
`Specimen File1
`Specimen File2
`Specimen File3
`Specimen File4
`Specimen File5
`Specimen File6
`Specimen File7
`Specimen File8
`Specimen File9
`Specimen File10
`Specimen File11
`Specimen File12
`
`

`
`FEE(S)
`Fee(s) in the amount of $325 is being submitted.
`
`SIGNATURE(S)
`Declaration Signature
`I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I
`understand that the examining attorney could still, upon later review, require a signed declaration.
`Response Signature
`Signature: /laura goldbard george/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 01/27/2010
`Signatory's Name: Laura Goldbard George
`Signatory's Position: Attorney of record, New York bar member
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which
`includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an
`associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not
`currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently
`filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
`withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or
`Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
`
`RAM Sale Number: 772
`RAM Accounting Date: 01/28/2010
`
`Serial Number: 77817636
`Internet Transmission Date: Wed Jan 27 14:34:46 EST 2010
`TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201001271434466
`67038-77817636-460f9a7c186eaeedb969bba25
`0bd4eaca-DA-772-20100127143041759142
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`
`

`
`

`
`one phone call,
`thousands of suppliers
`
`= A single point of contact for any
`facilities need. the Solutions
`Center brings EMCOB clients
`instant access to sophisticated
`3
`E diagnostics tools and an
`extensive database of more than
`5 five ttiousand skilled, certified
`technicians trained to handle
`5 virtually any facilities need. The
`Solutions Center also provides
`3 tailored diagnostic reports in an
`I
`instant, giving the technician a leg
`
`I up in resolving the issue at hand-
`
`
`
`gives clients continuous
`
`to intelligent facilities managi
`
`Behind every successful
`EMCOB facilities manager is .
`. .
`
`The Solutions Center is the secret to consistently
`5 effective facilities management. The Solutions
`5 Center provides the technological backbone that
`enables your EMCOR facilities manager to submit
`5 work orders, generate customized reports, track
`issues and results, and schedule preventive
`5 maintenance, all through one point of contact.
`So the manager’s job is easier—and your bottom
`
`3
`
`line is happier-
`
`

`
`Keep the Solutions center
`on speed dial
`
`
`' the CSFl’s access to
`5 EMCOR’s advanced
`
`
`5 maintenance manage-
`ment system and integrated
`
`
`
`software applications ensures
`that none of your questions
`go unanswered-
`
`
`
`
`: Just make the call, and a
`qualified customer service
`5 representative (CSR) will
`quickly pull up your name
`5 and location and take down
`comprehensive information
`: on the client, facility, issue,
`and priority level. It the
`problem is beyond the CSR’s
`
`5 authority (the CSR will imme-
`E diately know), a specialist will
`5 escalate the issue. In addition,
`
`ement through ‘with the qualified service rep who gen-
`iiIIi
`
`Always on, always ready
`
`Your facilities never rest, and neither does the
`Solutions Center. we make sure that it is available
`5 to you whenever you need it, day or night. we back
`E up our data daily (do you?), generate our power
`locally, and maintain an uninterruptible power
`supply. And the preferred suppliers in our network
`are available to respond to a call at any time I
`
`
`
`

`
`5 and meet strict financial and
`The information gathered by the
`E CSR generates a work order, from 5
`insurance requirements.
`:
`which the Solutions Center
`Approved suppliers are
`determines and dispatches
`E categorized and selected
`the best supplier—from
`according to skill level,
`a database of more than
`5 geographic coverage, and
`five thousand—to resolve
`response time. The result? We
`the client’s issue. To be an
`5 get the job done consistently,
`approved Solutions Center supplier,
`efficiently, and quickly. And you
`3 a service provider must undergo
`5 get to sleep-
`a rigorous qualification process
`:
`
`
`
`It's who you know , , ,
`
`erates the that enables our system to_the
`
` _ , _ and what they know 5 when the Solutions Center dispatches
`
`E an EMCOR employee or one of its
`approved suppliers, you can rest
`5 assured the technician is highly
`skilled and qualified to address
`2 the issue at hand. EMCOR
`technicians and approved
`5 suppliers must meet all relevant
`3 and current certification and
`
`licensing standards and keep
`abreast of the latest technologies
`and techniques a
`
`

`
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`generates more than 50 pieces
`’_ _ ;
`5 of information that assist the
`5 Solutions Center in generating
`; a work order, selecting the
`5 appropriate technician,and
`5
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`
`Z
`
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`
`'
`
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`
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`
`~——
`
`’
`
`An ounce of prevention
`
`The Solutions Center not only helps facilities
`managers address issues that come up; it also
`helps prevent problems from occurring in the first
`place. The Solutions Center creates preventive
`maintenance schedules, which follow both
`manufacturer and industry recommendations, and
`tracks maintenance activities and outcomes. The
`
`result is that facilities’ systems run more efficiently
`and smoothly and with minimal imerruptlon -
`
`
`
`

`
`IlI
`
`Knowledge is power
`
`‘; As technology and facilities become
`more and more sophisticated, so
`A does the Solutions Center. while
`managing work orders or
`scheduled maintenance
`fora particular facility,
`the Solutions Center
`gathers data on not
`only that facility but
`also thousands more
`throughout the country.
`D
`3 This tremendous data store is
`5 used to both address the individual
`issue and tease out patterns
`and relationships among issues.
`
`that allows for system— and
`E site—specific, regional, and
`companywide analysis of
`issue, trend. costing, and
`3
`5 other information-
`
`I. . . . . . . . . _-
`u
`
`4
`
`‘to develop tailored facilities‘
`
`L . . . . . . . . . . . . . . . . . . . . . . . . . ...,
`
`A surveyed client is a 5 When the work order is closed and the solution
`satisfied client
`1 delivered, we survey our clients to ensure that
`we're meeting their needs and providing the best
`possible service. We use the results of these
`
`5 surveys to continually evaluate and improve the
`E efficiency and effectiveness of the Solutions
`Center and of your facilities -
`
`
`
`5 offer a range of granularity
`
`5 These comprehensive, ongoing
`E analyses enable us to develop
`cutting-edge solutions to better
`E manage a range of systems and
`prevent future problems.
`
`j
`
`5
`
`The reports generated by
`the Solutions Center cover a
`broad spectrum of issues and
`
`

`
`,&5:-
`.———r
`
`
`
`.= "v‘ECORi
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`Customer Solutions Center
`
`People, Process,
`Technology. . .solutions.
`
`
`Our n;'—:.l“:f mi-lair:
`
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`
`Smarter facilities management
`
`A single point of contact for all facilities
`management and supplier interaction
`
`Faster, more effective response to facilities
`challenges
`
`increased productivity
`
`Customized reports that address vital
`facilities management issues
`
`Better facilities management budget control
`
`Quantifiabie cost savings
`
`Contact us: 886-890-7794
`
`emcor_info@emcor.net
`emcorgroupcom
`
`corporate Headquarters
`EMCOR Group, Inc.
`301 Merritt Seven
`
`Norwalk, CT 06851 USA
`
`

`
`
`
`install keypad combination locks, so that when
`
`the company made a management change,
`
`it could change locks with a few keyboard
`
`strokes—instead of a screwdriver. As a result,
`
`the client significantly reduced this particular
`
`aspect of its turnover expenses.
`
`Solution
`
`An exercise in change
`
`A leading technology firm found it was
`
`changing locks at its facilities at an alarming
`
`rate. The reason? Rapid management
`
`turnover. EMCOR encouraged the client to
`
`

`
`more than five thousand highly skilled,
`preapproI/ed technicians gives clients
`consistentpricing and costsavings-
`.001’ T0 mention excellent SBWICE.
`
` The Solutions Centers database of
`
`E
`
`

`
`Solution
`
`Costs down, asset value up
`
`A major manufacturer discovered that poor
`
`preventive maintenance was behind equipment
`
`failures, lost productivity, and a deterioration in the
`
`: preserve the value of its assets.
`
`activities. The program ultimately reduced the client's
`
`value of its assets. The Solutions Center developed
`
`a comprehensive preventive maintenance program
`
`that began by repairing all failing equipment
`
`and scheduling regular preventive maintenance
`
`maintenance costs and enabled it to recover and
`
`

`
`Solution V
`
`Communicate
`
`When a large telecommunications company realized that it
`
`had no idea how much its facilities services were costing the
`
`company or where those costs were concentrated, it called
`
`on the Solutions Center to investigate. The Solutions Center
`
`E
`
`improved overall maintenance management and provided
`
`the client with monthly, quarterly, and year—to—date reports
`
`that focused on specific areas of concern to management.
`
`As a result, the client extracted greater value from each
`
`dollar it spent on facilities management and retained firmer
`
`control over its budget.
`
`

`
`RAM SALE NUMBER: 772
`
`RAM ACCOUNTING DATE: 20100128
`
`INTERNET TRANSMISSION DATE:
`
`SERIAL NUMBER:
`
`2010/O1/27
`
`77/817636
`
`Description
`
`Fee
`Code
`
`Transaction
`Date
`
`Number Of
`Classes
`
`Total Fees
`Paid
`
`New App
`
`700]
`
`2010/01/27
`
`I
`
`325