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. 88381228 BYRON(Standard Characters, see http://uspto.report/TM/88381228/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examining Attorney has refused registration of Applicant’s mark BYRON asserting a likelihood of confusion with the marks of U.S. Trademark Registrations No. 660,325 and No. 378,463.  Both registrations are for the mark BYRON JACKSON.

While the marks are only similar in total appearance, the goods have no similarity, thereby eliminating any likelihood of confusion.  The goods associated with this application are bathtubs, typical consumer bathtubs installed by connecting to the plumbing system of the home.  In stark contrast, the goods associated with the registrations are industrial products intended for manufacturers not consumers.  A website excerpt describing registrant’s goods is attached.

Yes, the respective products are associated with fluids and, yes, with an expansive search criteria the goods could be purchased through online stores.   However, the goods have no relation at all.  Bathtubs require neither pumps nor electric motors for their operation.  Therefore, a consumer is not likely to shop for these goods on the same online sites.

In view of the foregoing, Applicant respectfully submits that the instant application is in condition for formal allowance and such action is earnestly solicited.

EVIDENCE

Original PDF file:
evi_63111195-20191217112820403649_._Byron_Jackson_Pumps_Website.PDF
Converted PDF file(s) ( 1 page)
Evidence-1

The applicant's current attorney information: Edgar A. Zarins. Edgar A. Zarins of MASCO CORPORATION, is located at

      17450 COLLEGE PARKWAY
      LIVONIA, Michigan 48152
      US
The docket/reference number is 115-5683-T.

The phone number is 313-274-7400.

The fax number is 313-792-6797.

The email address is Trademarks@mascohq.com

The applicants proposed attorney information: Edgar A. Zarins. Other appointed attorneys are Nirav D. Parikh, Lora J. Graentzdoerffer, Kirk W. Rudolph. Edgar A. Zarins of MASCO CORPORATION, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      17450 COLLEGE PARKWAY
      LIVONIA, Michigan 48152
      United States
The docket/reference number is 115-5683-T.

The phone number is 313-274-7400.

The fax number is 313-792-6797.

The email address is Trademarks@mascohq.com

Edgar A. Zarins 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: EDGAR A. ZARINS. EDGAR A. ZARINS of MASCO CORPORATION, is located at

      17450 COLLEGE PARKWAY
      LIVONIA, Michigan 48152
      US
The docket/reference number is 115-5683-T.

The phone number is 313-274-7400.

The fax number is 313-792-6797.

The email address is Trademarks@mascohq.com

The applicants proposed correspondence information: Edgar A. Zarins. Edgar A. Zarins of MASCO CORPORATION, is located at

      17450 COLLEGE PARKWAY
      LIVONIA, Michigan 48152
      United States
The docket/reference number is 115-5683-T.

The phone number is 313-274-7400.

The fax number is 313-792-6797.

The email address is Trademarks@mascohq.com

SIGNATURE(S)
Response Signature
Signature: /EDGAR A. ZARINS/     Date: 12/17/2019
Signatory's Name: EDGAR A. ZARINS
Signatory's Position: Attorney of Record, Michigan Bar Member

Signatory's Phone Number: 313-792-6485

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:    EDGAR A. ZARINS
   MASCO CORPORATION
   
   17450 COLLEGE PARKWAY
   LIVONIA, Michigan 48152
Mailing Address:    Edgar A. Zarins
   MASCO CORPORATION
   17450 COLLEGE PARKWAY
   LIVONIA, Michigan 48152
        
Serial Number: 88381228
Internet Transmission Date: Tue Dec 17 11:33:10 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201912171133105966
86-88381228-7009c6bb718fe5cc15b5727cc8d5
8e383a4494d4ce2b8af6f5983c4c0d83493b4-N/
A-N/A-20191217112820403649