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. 88460774 PONTOS(Standard Characters, see http://uspto.report/TM/88460774/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for ELECTRONIC DATABASES, ALSO RECORDED; APPLICATION SOFTWARE, IN PARTICULAR FOR MOBILE DEVICES (MOBILE APPS); SOFTWARE DOWNLOADABLE FROM THE INTERNET; SOFTWARE (RECORDED); FIRMWARE; DATA CARRIERS, ALSO INCLUDING DATA RECORDED THEREON; COMPUTER HARDWARE; MEASURING, DETECTING AND MONITORING INSTRUMENTS; ELECTRIC AND AUTOMATIC CONTROL UNITS; CHECKING (SUPERVISION) APPARATUS AND INSTRUMENTS; WATER DETECTORS; SENSORS AND DETECTORS, IN PARTICULAR FOR WATER; ALL OF THE AFORESAID GOODS IN PARTICULAR IN CONNECTION WITH SANITARY PRODUCTS, IN PARTICULAR FOR BATH AND KITCHEN
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Community - CTM application number 017998652 filed 12/11/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: ELECTRONIC DATABASES, ALSO RECORDED; ELECTRONIC DATABASES IN THE FIELD OF SANITARY INDUSTRY, RECORDED ON COMPUTER MEDIA; APPLICATION SOFTWARE, IN PARTICULAR FOR MOBILE DEVICES (MOBILE APPS); DOWNLOADABLE DATABASES IN THE FIELD OF SANITARY INDUSTRY; SOFTWARE DOWNLOADABLE FROM THE INTERNET; DOWNLOADABLE MOBILE APPLICATION SOFTWARE FOR MOBILE PHONES, TABLET COMPUTERS, PORTABLE MEDIA PLAYERS, AND HANDHELD COMPUTERS, NAMELY, SOFTWARE FOR CONTROLLING AND MANAGING THE FUNCTION OF SANITARY PRODUCTS, SANITARY FITTINGS AND SANITARY INSTALLATIONS; SOFTWARE (RECORDED); DOWNLOADABLE MOBILE APPLICATIONS FOR MONITORING, MEASURING, CONTROLLING AND CLOSING THE HOUSE WATER CONNECTION FOR AVOIDING LEAKAGE AND PREVENTING DAMAGE CAUSED BY WATER PIPE BREAKAGE; FIRMWARE; DOWNLOADABLE MOBILE APPLICATION FOR MONITORING OF SENSORS FOR MOISTURE, FLOODING, LEAK MONITORING, WATER CONTROL AND WATER QUALITY; DATA CARRIERS, ALSO INCLUDING DATA RECORDED THEREON; DOWNLOADABLE CLOUD-BASED NETWORK MONITORING SOFTWARE FOR MONITORING SENSORS FOR MOISTURE, FLOODING, LEAK MONITORING, WATER CONTROL AND WATER QUALITY; SOFTWARE DOWNLOADABLE FROM THE INTERNET FOR CONTROLLING AND MANAGING THE FUNCTION OF SANITARY PRODUCTS, SANITARY FITTINGS AND SANITARY INSTALLATIONS; MEASURING, DETECTING AND MONITORING INSTRUMENTS; RECORDED SOFTWARE FOR CONTROLLING AND MANAGING THE FUNCTION OF SANITARY PRODUCTS, SANITARY FITTINGS AND SANITARY INSTALLATIONS; ELECTRIC AND AUTOMATIC CONTROL UNITS; SOFTWARE PROGRAMS AND COMPUTER FIRMWARE FOR USE IN DATABASE MANAGEMENT IN THE FIELD OF WATER CONTROL; CHECKING (SUPERVISION) APPARATUS AND INSTRUMENTS; DOWNLOADABLE COMPUTER FIRMWARE FOR CONTROLLING AND MANAGING THE FUNCTION OF SANITARY PRODUCTS, SANITARY FITTINGS AND SANITARY INSTALLATIONS; WATER DETECTORS; PRERECORDED MAGNETIC DATA CARRIERS FEATURING INFORMATION ABOUT SANITARY PRODUCTS, SANITARY FITTINGS AND SANITARY INSTALLATIONS; SENSORS AND DETECTORS, IN PARTICULAR FOR WATER; COMPUTER HARDWARE; ALL OF THE AFORESAID GOODS IN PARTICULAR IN CONNECTION WITH SANITARY PRODUCTS, IN PARTICULAR FOR BATH AND KITCHEN; MEASURING, DETECTING, RECORDING, AND MONITORING APPARATUS AND INSTRUMENTS, NAMELY, APPARATUS AND INSTRUMENTS FOR MEASURING, DETECTING, RECORDING, AND MONITORING WATER PRESSURE, WATER TEMPERATURE, WATER QUALITY, WATER VOLUME, WATER FLOW, HUMIDITY, AMBIENT TEMPERATURE, LEAKAGE, FLOODING, AND FROST RISK; ELECTRIC AND AUTOMATIC CONTROL UNITS, NAMELY, CONTROL UNITS FOR SANITARY PRODUCTS, SANITARY FITTINGS AND SANITARY INSTALLATIONS; AUTOMATIC ELECTRONIC CONTROLLERS FOR CONTROLLING FLOODING, LEAKAGE, FROST RISK, OR HUMIDITY DETECTION SYSTEMS IN THE FIELD OF WATER CONTROL; CHECKING APPARATUS AND INSTRUMENTS, NAMELY, TECHNICAL MONITORING, MEASURING, TESTING AND CHECKING APPARATUS AND INSTRUMENTS FOR MONITORING, MEASURING, TESTING AND CHECKING WATER PRESSURE, WATER TEMPERATURE, WATER QUALITY, WATER VOLUME, WATER FLOW, HUMIDITY, AMBIENT TEMPERATURE, LEAKAGE, FLOODING, AND FROST RISK; ELECTRONIC APPARATUS AND INSTRUMENTS FOR MONITORING, CONTROLLING AND REGULATING WATER SUPPLY AND DRAINAGE, TREATMENT, AVAILABILITY, DISTRIBUTION, REMOVAL AND HEATING OF DRINKING AND COMMERCIAL WATER, NAMELY, WATER LEVEL INDICATORS, WATER METERS, AND WATER SENSORS; WATER LEAK DETECTING DEVICE COMPRISING AT LEAST ONE WATER SENSOR, A CONTROL UNIT AND A WATER VALVE; WATER FILLING LEVEL DETECTORS; SENSORS AND DETECTORS FOR WATER PRESSURE, WATER TEMPERATURE, WATER QUALITY, WATER VOLUME, WATER FLOW, HUMIDITY, AMBIENT TEMPERATURE, LEAKAGE, FLOODING, AND FROST RISK; ALL OF THE AFORESAID GOODS FOR USE IN CONNECTION WITH SANITARY PRODUCTS, SANITARY FITTINGS, AND SANITARY INSTALLATIONS, IN PARTICULAR FOR BATH AND KITCHENClass 009 for ELECTRONIC DATABASES IN THE FIELD OF SANITARY INDUSTRY, RECORDED ON COMPUTER MEDIA; DOWNLOADABLE DATABASES IN THE FIELD OF SANITARY INDUSTRY; DOWNLOADABLE MOBILE APPLICATION SOFTWARE FOR MOBILE PHONES, TABLET COMPUTERS, PORTABLE MEDIA PLAYERS, AND HANDHELD COMPUTERS, NAMELY, SOFTWARE FOR CONTROLLING AND MANAGING THE FUNCTION OF SANITARY PRODUCTS, SANITARY FITTINGS AND SANITARY INSTALLATIONS; DOWNLOADABLE MOBILE APPLICATIONS FOR MONITORING, MEASURING, CONTROLLING AND CLOSING THE HOUSE WATER CONNECTION FOR AVOIDING LEAKAGE AND PREVENTING DAMAGE CAUSED BY WATER PIPE BREAKAGE; DOWNLOADABLE MOBILE APPLICATION FOR MONITORING OF SENSORS FOR MOISTURE, FLOODING, LEAK MONITORING, WATER CONTROL AND WATER QUALITY; DOWNLOADABLE CLOUD-BASED NETWORK MONITORING SOFTWARE FOR MONITORING SENSORS FOR MOISTURE, FLOODING, LEAK MONITORING, WATER CONTROL AND WATER QUALITY; SOFTWARE DOWNLOADABLE FROM THE INTERNET FOR CONTROLLING AND MANAGING THE FUNCTION OF SANITARY PRODUCTS, SANITARY FITTINGS AND SANITARY INSTALLATIONS; RECORDED SOFTWARE FOR CONTROLLING AND MANAGING THE FUNCTION OF SANITARY PRODUCTS, SANITARY FITTINGS AND SANITARY INSTALLATIONS; SOFTWARE PROGRAMS AND COMPUTER FIRMWARE FOR USE IN DATABASE MANAGEMENT IN THE FIELD OF WATER CONTROL; DOWNLOADABLE COMPUTER FIRMWARE FOR CONTROLLING AND MANAGING THE FUNCTION OF SANITARY PRODUCTS, SANITARY FITTINGS AND SANITARY INSTALLATIONS; PRERECORDED MAGNETIC DATA CARRIERS FEATURING INFORMATION ABOUT SANITARY PRODUCTS, SANITARY FITTINGS AND SANITARY INSTALLATIONS; COMPUTER HARDWARE; MEASURING, DETECTING, RECORDING, AND MONITORING APPARATUS AND INSTRUMENTS, NAMELY, APPARATUS AND INSTRUMENTS FOR MEASURING, DETECTING, RECORDING, AND MONITORING WATER PRESSURE, WATER TEMPERATURE, WATER QUALITY, WATER VOLUME, WATER FLOW, HUMIDITY, AMBIENT TEMPERATURE, LEAKAGE, FLOODING, AND FROST RISK; ELECTRIC AND AUTOMATIC CONTROL UNITS, NAMELY, CONTROL UNITS FOR SANITARY PRODUCTS, SANITARY FITTINGS AND SANITARY INSTALLATIONS; AUTOMATIC ELECTRONIC CONTROLLERS FOR CONTROLLING FLOODING, LEAKAGE, FROST RISK, OR HUMIDITY DETECTION SYSTEMS IN THE FIELD OF WATER CONTROL; CHECKING APPARATUS AND INSTRUMENTS, NAMELY, TECHNICAL MONITORING, MEASURING, TESTING AND CHECKING APPARATUS AND INSTRUMENTS FOR MONITORING, MEASURING, TESTING AND CHECKING WATER PRESSURE, WATER TEMPERATURE, WATER QUALITY, WATER VOLUME, WATER FLOW, HUMIDITY, AMBIENT TEMPERATURE, LEAKAGE, FLOODING, AND FROST RISK; ELECTRONIC APPARATUS AND INSTRUMENTS FOR MONITORING, CONTROLLING AND REGULATING WATER SUPPLY AND DRAINAGE, TREATMENT, AVAILABILITY, DISTRIBUTION, REMOVAL AND HEATING OF DRINKING AND COMMERCIAL WATER, NAMELY, WATER LEVEL INDICATORS, WATER METERS, AND WATER SENSORS; WATER LEAK DETECTING DEVICE COMPRISING AT LEAST ONE WATER SENSOR, A CONTROL UNIT AND A WATER VALVE; WATER FILLING LEVEL DETECTORS; SENSORS AND DETECTORS FOR WATER PRESSURE, WATER TEMPERATURE, WATER QUALITY, WATER VOLUME, WATER FLOW, HUMIDITY, AMBIENT TEMPERATURE, LEAKAGE, FLOODING, AND FROST RISK; ALL OF THE AFORESAID GOODS FOR USE IN CONNECTION WITH SANITARY PRODUCTS, SANITARY FITTINGS, AND SANITARY INSTALLATIONS, IN PARTICULAR FOR BATH AND KITCHEN
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Community - CTM application number 017998652 filed 12/11/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current attorney information: Lora J. Graentzdoerffer. Lora J. Graentzdoerffer of MASCO CORPORATION, is located at

      17450 COLLEGE PARKWAY
      LIVONIA, Michigan 48152
      US
The docket/reference number is 154-3259-T#2.

The phone number is 313-792-6431.

The fax number is 313-792-6797.

The email address is trademarks@mascohq.com

The applicants proposed attorney information: Lora J. Graentzdoerffer. Other appointed attorneys are Nirav D. Parikh; Kirk W. Rudolph; Edgar A. Zarins. Lora J. Graentzdoerffer 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 154-3259-T#2.

The phone number is 313-792-6431.

The fax number is 313-792-6797.

The email address is trademarks@mascohq.com

Lora J. Graentzdoerffer 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: LORA J. GRAENTZDOERFFER. LORA J. GRAENTZDOERFFER of MASCO CORPORATION, is located at

      17450 COLLEGE PARKWAY
      LIVONIA, Michigan 48152
      US
The docket/reference number is 154-3259-T#2.

The phone number is 313-792-6431.

The fax number is 313-792-6797.

The email address is trademarks@mascohq.com; brenda_garrett@mascohq.com

The applicants proposed correspondence information: Lora J. Graentzdoerffer. Lora J. Graentzdoerffer of MASCO CORPORATION, is located at

      17450 College Parkway
      Livonia, Michigan 48152
      United States
The docket/reference number is 154-3259-T#2.

The phone number is 313-792-6431.

The fax number is 313-792-6797.

The email address is trademarks@mascohq.com; lora_graentzdoerffer@mascohq.com

ADDITIONAL STATEMENTS
Translation
The wording PONTOS has no meaning in a foreign language.


Significance of wording, letter(s), or numeral(s)
PONTOS appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) PONTOS has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /Lora J. Graentzdoerffer/     Date: 12/18/2019
Signatory's Name: Lora J. Graentzdoerffer
Signatory's Position: Attorney of Record, Michigan Bar Member, MASCO CORPORATION

Signatory's Phone Number: 313-792-6919

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:    LORA J. GRAENTZDOERFFER
   MASCO CORPORATION
   
   17450 COLLEGE PARKWAY
   LIVONIA, Michigan 48152
Mailing Address:    Lora J. Graentzdoerffer
   MASCO CORPORATION
   17450 College Parkway
   Livonia, Michigan 48152
        
Serial Number: 88460774
Internet Transmission Date: Wed Dec 18 14:43:25 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201912181443258261
50-88460774-70087621aa5276afdec3f4c20137
22c90aa8e7a3c7d53ca1b20caaf5fb78345f6-N/
A-N/A-20191218140900037236