Response to Office Action

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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87356506 HURRICANE(Standard Characters, see http://uspto.report/TM/87356506/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 007 for Steam cleaning machines in the nature of steam mops; battery-powered spraying device, namely, sprayer for dispensing hard surface cleaning solution for use with wet mops for cleaning floors
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Steam cleaning machines in the nature of steam mops; battery-powered spraying device, namely, sprayer for dispensing hard surface cleaning solution for use with wet mops for cleaning floors; squeegees for commercial use, namely, squeegee blades specially adapted for use with floor cleaning machinesClass 007 for Steam cleaning machines in the nature of steam mops; battery-powered spraying device, namely, sprayer for dispensing hard surface cleaning solution for use with wet mops for cleaning floors; squeegees for commercial use, namely, squeegee blades specially adapted for use with floor cleaning machines
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following:

Current:
Class 021 for Mop refills in the nature of mop heads, dust mops and their refills in the nature of mop heads, floor mops and their refills in the nature of mop heads, microfiber mops and their refills in the nature of mop heads, roller mops and their refills in the nature of mop heads, sponge mops and their refills in the nature of mop heads, dry or dust mops and their refills in the nature of mop heads, sponge mops featuring scrub brushes and their refills in the nature of mop heads, spray mops and their refills in the nature of mop heads, strip mops and their refills in the nature of mop heads, twist mops and their refills in the nature of mop heads, flat mops and their refills in the nature of mop heads, wet mops and their refills in the nature of mop heads, deck mops and their refills in the nature of mop heads, yarn mopheads, floor wax applicators and refills therefor in the nature of pads for floor wax application mountable on mop handles; brooms, corn brooms, hard brooms, plastic brooms, push brooms, whisk brooms, sweep brooms. brushes, namely, bath and shower brushes, brushes for bottles, brushes for parquet floors, brushes for tile, brushes for vegetables, cleaning brushes for household use, dishwashing brushes, dusting brushes, floor brushes, grill brushes for barbecue grills, lint brushes, pot cleaning brushes, roofing brushes, scraping brushes, scrubbing brushes, toilet brushes, bowl brushes, tub scrub brushes, nail and hand cleaning brushes, wire brushes not being machine parts; dusters, feather dusters, microfiber cleaning dusters; cleaning sponges, microfiber cleaning sponges, scouring sponges, scrub sponges, sponges for household purposes, and refills for cleaning sponges, dish-cleaning sponges with soap-filled dispensers and refills therefor in the nature of sponges; cleaning cloths, cloth for wiping or dusting, dusting cloths, microfiber cleaning cloths, scrubbing pads made of metal and plastic filaments, cleaning pads, grill cleaning pads; buckets, plastic buckets, buckets for commercial and household use, squeegee buckets; pails, plastic pails; mop wringers; dust pans, dust bins; dusting gloves; lint rollers and refills for lint rollers; metal wool for cleaning; scoops; soap dispensers and soap holders; squeegees for household use, squeegees for commercial use, squeegees for floor use; toilet brush holders; plungers for clearing blocked drains, plungers with caddies; Cleaning tools, namely, buckets, brooms, push brooms, dust pans, debris collectors, namely, mop buckets and trash cans; squeegees, sponges, dusters, dust cloths, soap dispensing brushes namely, scrub brushes, dust brushes and utility brushes, and gloves for household use; work gloves; Light duty utility gloves; cloth for washing floors; furniture and appliance dusters; crumb-sweepers; cleaning solution cartridges for cleaning floors
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Mop refills in the nature of mop heads, dust mops and their refills in the nature of mop heads, floor mops and their refills in the nature of mop heads, microfiber mops and their refills in the nature of mop heads, roller mops and their refills in the nature of mop heads, sponge mops and their refills in the nature of mop heads, dry or dust mops and their refills in the nature of mop heads, sponge mops featuring scrub brushes and their refills in the nature of mop heads, spray mops and their refills in the nature of mop heads, strip mops and their refills in the nature of mop heads, twist mops and their refills in the nature of mop heads, flat mops and their refills in the nature of mop heads, wet mops and their refills in the nature of mop heads, deck mops and their refills in the nature of mop heads, yarn mopheads, floor wax applicators and refills therefor in the nature of pads for floor wax application mountable on mop handles; brooms, corn brooms, hard brooms, plastic brooms, push brooms, whisk brooms, sweep brooms. brushes, namely, bath and shower brushes, brushes for bottles, brushes for parquet floors, brushes for tile, brushes for vegetables, cleaning brushes for household use, dishwashing brushes, dusting brushes, floor brushes, grill brushes for barbecue grills, lint brushes, pot cleaning brushes, roofing brushes, scraping brushes, scrubbing brushes, toilet brushes, bowl brushes, tub scrub brushes, nail and hand cleaning brushes, wire brushes not being machine parts; brooms, corn brooms, hard brooms, plastic brooms, push brooms, whisk brooms, sweep brooms, brushes, namely, bath and shower brushes, brushes for cleaning bottles for household use, brushes for parquet floors, brushes for cleaning tile floors, brushes for cleaning vegetables for household use, cleaning brushes for household use, dishwashing brushes, dusting brushes, floor brushes, grill brushes for barbecue grills, lint brushes, pot cleaning brushes, roofing brushes in the nature of tar brushes for household use, scraping brushes, scrubbing brushes, toilet brushes, bowl brushes, tub scrub brushes, nail and hand cleaning brushes, wire brushes not being machine parts; dusters, feather dusters, microfiber cleaning dusters; cleaning sponges, microfiber cleaning sponges, scouring sponges, scrub sponges, sponges for household purposes, and refills for cleaning sponges, dish-cleaning sponges with soap-filled dispensers and refills therefor in the nature of sponges; cleaning sponges, microfiber cleaning sponges, scouring sponges, scrub sponges, sponges for household purposes, and refills for cleaning sponges in the nature of sponges and cleaning clothes, dish-cleaning sponges with soap-filled dispensers and refills therefor in the nature of sponges; cleaning cloths, cloth for wiping or dusting, dusting cloths, microfiber cleaning cloths, scrubbing pads made of metal and plastic filaments, cleaning pads, grill cleaning pads; cleaning cloths, cloth for wiping or dusting, dusting cloths, microfiber cleaning cloths, scrubbing pads made of metal and plastic filaments for cleaning, cleaning pads, grill cleaning pads; buckets, plastic buckets, buckets for commercial and household use, squeegee buckets; pails, plastic pails; mop wringers; dust pans, dust bins; dusting gloves; lint rollers and refills for lint rollers; metal wool for cleaning; scoops; scoops for household purposes; soap dispensers and soap holders; squeegees for household use, squeegees for commercial use, squeegees for floor use; squeegees for floor use for household use, window cleaners in the nature of squeegees for commercial use, squeegees for floor use; toilet brush holders; plungers for clearing blocked drains, plungers with caddies; Cleaning tools, namely, buckets, brooms, push brooms, dust pans, debris collectors, namely, mop buckets and trash cans; squeegees, sponges, dusters, dust cloths, soap dispensing brushes namely, scrub brushes, dust brushes and utility brushes, and gloves for household use; squeegees, cleaning sponges, dusters, dust cloths, soap dispensing brushes namely, scrub brushes, dust brushes and utility cleaning brushes for household use, and gloves for household use; work gloves; Light duty utility gloves; cloth for washing floors; furniture and appliance dusters; crumb-sweepers; cleaning solution cartridges for cleaning floors; cleaning solution refill cartridges for mops with electric cleaning solution sprayers used to clean floors for household useClass 021 for Mop refills in the nature of mop heads, dust mops and their refills in the nature of mop heads, floor mops and their refills in the nature of mop heads, microfiber mops and their refills in the nature of mop heads, roller mops and their refills in the nature of mop heads, sponge mops and their refills in the nature of mop heads, dry or dust mops and their refills in the nature of mop heads, sponge mops featuring scrub brushes and their refills in the nature of mop heads, spray mops and their refills in the nature of mop heads, strip mops and their refills in the nature of mop heads, twist mops and their refills in the nature of mop heads, flat mops and their refills in the nature of mop heads, wet mops and their refills in the nature of mop heads, deck mops and their refills in the nature of mop heads, yarn mopheads, floor wax applicators and refills therefor in the nature of pads for floor wax application mountable on mop handles; brooms, corn brooms, hard brooms, plastic brooms, push brooms, whisk brooms, sweep brooms, brushes, namely, bath and shower brushes, brushes for cleaning bottles for household use, brushes for parquet floors, brushes for cleaning tile floors, brushes for cleaning vegetables for household use, cleaning brushes for household use, dishwashing brushes, dusting brushes, floor brushes, grill brushes for barbecue grills, lint brushes, pot cleaning brushes, roofing brushes in the nature of tar brushes for household use, scraping brushes, scrubbing brushes, toilet brushes, bowl brushes, tub scrub brushes, nail and hand cleaning brushes, wire brushes not being machine parts; dusters, feather dusters, microfiber cleaning dusters; cleaning sponges, microfiber cleaning sponges, scouring sponges, scrub sponges, sponges for household purposes, and refills for cleaning sponges in the nature of sponges and cleaning clothes, dish-cleaning sponges with soap-filled dispensers and refills therefor in the nature of sponges; cleaning cloths, cloth for wiping or dusting, dusting cloths, microfiber cleaning cloths, scrubbing pads made of metal and plastic filaments for cleaning, cleaning pads, grill cleaning pads; buckets, plastic buckets, buckets for commercial and household use, squeegee buckets; pails, plastic pails; mop wringers; dust pans, dust bins; dusting gloves; lint rollers and refills for lint rollers; metal wool for cleaning; scoops for household purposes; soap dispensers and soap holders; squeegees for floor use for household use, window cleaners in the nature of squeegees for commercial use, squeegees for floor use; toilet brush holders; plungers for clearing blocked drains, plungers with caddies; Cleaning tools, namely, buckets, brooms, push brooms, dust pans, debris collectors, namely, mop buckets and trash cans; squeegees, cleaning sponges, dusters, dust cloths, soap dispensing brushes namely, scrub brushes, dust brushes and utility cleaning brushes for household use, and gloves for household use; work gloves; Light duty utility gloves; cloth for washing floors; furniture and appliance dusters; crumb-sweepers; cleaning solution refill cartridges for mops with electric cleaning solution sprayers used to clean floors for household use
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Telebrands Corp., a corporation of New Jersey, having an address of
      79 Two Bridges Road
      Fairfield, New Jersey 07004
      United States
      Email Address: XXXX

Proposed: Telebrands Corp., a corporation of New Jersey, having an address of
      79 Two Bridges Road
      Fairfield, New Jersey 07004
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant Telebrands Corp. is the exclusive licensee of Prometheus Brands, LLC, the owner of U.S. Registration No. 5,444,187 for HURRICANE SPIN BROOM


The owner's/holder's current attorney information: Robert T. Maldonado. Robert T. Maldonado of COOPER & DUNHAM LLP, is located at

      30 ROCKEFELLER PLAZA, 20TH FLOOR
      NEW YORK, New York 10112
      United States
The docket/reference number is 706-89423.
      The phone number is 212-278-0509.
      The email address is rmaldonado@cooperdunham.com

The owner's/holder's proposed attorney information: Robert T. Maldonado. Robert T. Maldonado of COOPER & DUNHAM LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      30 ROCKEFELLER PLAZA, 20TH FLOOR
      NEW YORK, New York 10112
      United States
The docket/reference number is 706-89423.
      The phone number is 212-278-0509.
      The email address is rmaldonado@cooperdunham.com

Robert T. Maldonado 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.Correspondence Information (current):
      ROBERT T. MALDONADO
      PRIMARY EMAIL FOR CORRESPONDENCE: rmaldonado@cooperdunham.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tdocketing@cooperdunham.com; ebernstein@cooperdunham.com

The docket/reference number is 706-89423.
Correspondence Information (proposed):
      Robert T. Maldonado
      PRIMARY EMAIL FOR CORRESPONDENCE: rmaldonado@cooperdunham.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tdocketing@cooperdunham.com; ebernstein@cooperdunham.com

The docket/reference number is 706-89423.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature

DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the 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 or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; 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; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Bala Iyer/      Date: 06/03/2020
Signatory's Name: Bala Iyer
Signatory's Position: COO
Signatory's Phone Number: 973-244-0300


Response Signature
Signature: /Robert T. Maldonado/     Date: 06/03/2020
Signatory's Name: Robert T. Maldonado
Signatory's Position: Attorney of Record, New York State bar member

Signatory's Phone Number: 212-278-0400

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    ROBERT T. MALDONADO
   COOPER & DUNHAM LLP
   
   30 ROCKEFELLER PLAZA, 20TH FLOOR
   NEW YORK, New York 10112
Mailing Address:    Robert T. Maldonado
   COOPER & DUNHAM LLP
   30 ROCKEFELLER PLAZA, 20TH FLOOR
   NEW YORK, New York 10112
        
Serial Number: 87356506
Internet Transmission Date: Wed Jun 03 16:39:57 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200603163957110679-87356506-
710c6def87d39cf1e1a571092e8893a5e4df16e7
865ac74a13f647c5f5b8ecb1d5-N/A-N/A-20200
602175253709044