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. 88411329 CHALET(Standard Characters, see http://uspto.report/TM/88411329/mark.png) has been amended as follows:

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

The Examining Attorney refused registration of Applicant’s mark “CHALET” asserting a likelihood of confusion with the mark of U.S. Trademark Registration No. 2,227,952.

The goods associated with the cited registration are metal padlocks.  The goods associated with Applicant’s mark are consumer plumbing and lighting products.  The Examining Attorney supports the refusal by asserting that both padlocks and faucets can be found at hardware stores.  Edible snacks can also be purchased at these hardware stores but that doesn’t make them in any way related to plumbing or lighting products.  Consumers shopping for padlocks would not be influenced by the availability of plumbing or lighting products found in a different part of the store or a different product category online.  There is simply no association.

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

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for PLUMBING PRODUCTS AND LIGHTING PRODUCTS
Original Filing Basis:
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: PLUMBING PRODUCTS AND LIGHTING PRODUCTS; PLUMBING PRODUCTS, NAMELY FAUCETS, SHOWERHEADS AND TOILETS; LIGHTING PRODUCTS, NAMELY LIGHTING FIXTURESClass 011 for PLUMBING PRODUCTS, NAMELY FAUCETS, SHOWERHEADS AND TOILETS; LIGHTING PRODUCTS, NAMELY LIGHTING FIXTURES
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.

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 115-5697-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 115-5697-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 115-5697-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 115-5697-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: 88411329
Internet Transmission Date: Tue Dec 17 10:56:34 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201912171056348829
21-88411329-70088ee6bedddd4b8ef5a57398a4
fb0bbd9742e34a6bfd8388348ef4863e1c3882-N
/A-N/A-20191217105137417545