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. 88418607 POLICE(Standard Characters, see http://uspto.report/TM/88418607/mark.png) has been amended as follows:

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

Please see attached arguments and evidence.

EVIDENCE
Evidence in the nature of Argument and evidence in support. has been attached.
Original PDF file:
evi_26042000134220c98461d385c248fac-20200421150656394432_._OA_2_d__Response.pdf
Converted PDF file(s) ( 39 pages)
Evidence-1
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Evidence-39

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 003 for All purpose cleaners for household, commercial, industrial and institutional use; household cleaning preparations; cleaning preparations for household use; cleaning preparations for toilets, bathtubs, sinks and floors; disposable wipes impregnated with cleaning compounds for use in bathrooms and kitchens; furniture polishers and cleaners; laundry detergents; fabric softener; anti-static dryer sheets; stain removal preparations; cleaners for washing 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.

Proposed:
Tracked Text Description: All purpose cleaners for household, commercial, industrial and institutional use; household cleaning preparations; cleaning preparations for household use; cleaning preparations for toilets, bathtubs, sinks and floors; disposable wipes impregnated with cleaning compounds for use in bathrooms and kitchens; furniture polishers and cleaners; laundry detergents; fabric softener; anti-static dryer sheets; stain removal preparations; cleaners for washing machines; dish-cleaning sponges with soap-filled dispensers; cleaning solution cartridges for cleaning floors sold containing cleaning solutionClass 003 for All purpose cleaners for household, commercial, industrial and institutional use; household cleaning preparations; cleaning preparations for household use; cleaning preparations for toilets, bathtubs, sinks and floors; disposable wipes impregnated with cleaning compounds for use in bathrooms and kitchens; furniture polishers and cleaners; laundry detergents; fabric softener; anti-static dryer sheets; stain removal preparations; cleaners for washing machines; dish-cleaning sponges with soap-filled dispensers; cleaning solution cartridges for cleaning floors sold containing cleaning solution
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 mountable on a mop handle 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; measuring cups for cleaning; 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, toilet plungers with caddies; Cleaning tools, namely, buckets, brooms, push brooms, dust pans, debris collectors, namely, mop buckets and trash cans; squeegees being cleaning instruments, cleaning sponges, dusters, dust cloths, soap dispensing brushes namely, scrub brushes, dust brushes and utility brushes; 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 mountable on a mop handle and refills therefor in the nature of pads for floor wax application mountable on mop handles; 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 mountable on a mop handle and refills therefor in the nature of pads for floor wax applicators mountable on mop handles not impregnated with a cleaner; 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, brushes for cleaning parquet floors, brushes for cleaning tile, brushes for cleaning vegetables, cleaning brushes for household use, dishwashing brushes, dusting brushes, floor brushes, grill brushes for cleaning barbecue grills, lint brushes, pot cleaning brushes, roofing scrub brushes, scraping brushes, scrubbing brushes, toilet brushes, toilet 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 for household purposes; measuring cups for cleaning; squeegees for household use, squeegees for commercial use, squeegees for floor use; soap dispensers and soap holders; squeegees being cleaning instruments for household use, squeegees being cleaning instruments for commercial use, squeegees being cleaning instruments for floor use; toilet brush holders; plungers for clearing blocked drains, toilet plungers with caddies; squeegees being cleaning instruments, cleaning sponges, dusters, dust cloths, soap dispensing brushes namely, scrub brushes, dust brushes and utility brushes; Cleaning tools, namely, buckets, brooms, push brooms, dust pans, debris collectors, namely, mop buckets and trash cans; squeegees being cleaning instruments, cleaning sponges, dusters, dusting cloths, soap dispensing brushes namely, scrub brushes, dust brushes and utility cleaning brushes for household use; gloves for household use; work gloves; light duty utility gloves; cloth for washing floors; furniture and appliance dusters; cleaning solution cartridges for cleaning floors; crumb-sweepers; cleaning solution cartridges for cleaning floors sold emptyClass 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 mountable on a mop handle and refills therefor in the nature of pads for floor wax applicators mountable on mop handles not impregnated with a cleaner; brooms, corn brooms, hard brooms, plastic brooms, push brooms, whisk brooms, sweep brooms, brushes, namely, bath and shower brushes, brushes for cleaning bottles, brushes for cleaning parquet floors, brushes for cleaning tile, brushes for cleaning vegetables, cleaning brushes for household use, dishwashing brushes, dusting brushes, floor brushes, grill brushes for cleaning barbecue grills, lint brushes, pot cleaning brushes, roofing scrub brushes, scraping brushes, scrubbing brushes, toilet brushes, toilet 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 for household purposes; measuring cups for cleaning; soap dispensers and soap holders; squeegees being cleaning instruments for household use, squeegees being cleaning instruments for commercial use, squeegees being cleaning instruments for floor use; toilet brush holders; plungers for clearing blocked drains, toilet plungers with caddies; Cleaning tools, namely, buckets, brooms, push brooms, dust pans, debris collectors, namely, mop buckets and trash cans; squeegees being cleaning instruments, cleaning sponges, dusters, dusting cloths, soap dispensing brushes namely, scrub brushes, dust brushes and utility cleaning brushes for household use; 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 sold empty
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 037 for Cleaning services, namely, residential and commercial cleaning services
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: Cleaning services, namely, residential and commercial cleaning services; Cleaning services, namely, cleaning of residential houses and commercial premisesClass 037 for Cleaning services, namely, cleaning of residential houses and commercial premises
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: DaVinci CSJ, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      81 Two Bridges Road
      Fairfield, New Jersey 07004
      United States

Proposed: DaVinci CSJ, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      81 Two Bridges Road
      Fairfield, New Jersey 07004
      United States
      Email Address: XXXX
Correspondence Information (current):
      Robert T. Maldonado, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: rmaldonado@cooperdunham.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 5190-90911TM.
Correspondence Information (proposed):
      Robert T. Maldonado, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: rmaldonado@cooperdunham.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): EBERNSTEIN@COOPERDUNHAM.COM; TSayour@COOPERDUNHAM.COM

The docket/reference number is 5190-90911TM.

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)
Response Signature
Signature: /Robert T. Maldonado/     Date: 04/21/2020
Signatory's Name: Robert T. Maldonado
Signatory's Position: Attorney of record, New York 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, Esq.
   COOPER & DUNHAM LLP
   
   30 ROCKEFELLER PLAZA, 20TH FLOOR
   NEW YORK, New York 10112
Mailing Address:    Robert T. Maldonado, Esq.
   COOPER & DUNHAM LLP
   30 ROCKEFELLER PLAZA, 20TH FLOOR
   NEW YORK, New York 10112
        
Serial Number: 88418607
Internet Transmission Date: Tue Apr 21 15:22:01 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXX:XXXX-20200421152201558917-88418607-7
10dbedc2f79455304d3a93745573e94b48f42e28
ffb2e9bd6cfc9d76a17fe70-N/A-N/A-20200421
150656394432