TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88674638

Filing Date: 10/30/2019

To the Commissioner for Trademarks:

MARK: U BY MOEN (Standard Characters, see mark)
The literal element of the mark consists of U BY MOEN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Moen Incorporated, a corporation of Delaware, having an address of
      25300 Al Moen Drive
      North Olmsted, Ohio 44070-8022
      United States
      +Exception caught when try to retrieve message-(phone)
      ipdocket@calfee.com

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 009:  Electronic controllers and valves operated by a smart phone or other electronic device or app, in each case for the control and monitoring of water, water settings and multimedia accessories in showers, baths, and other water outlets; mobile or other electronic device app used for the control and monitoring of water, water settings and multimedia accessories in showers, baths and other water outlets; downloadable cloud based software for electronic controllers and valves operated by a smart phone or other electronic device app for the control and monitoring of water, water settings and multimedia accessories in showers, baths, and other water outlets
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 011:  Faucets; showerheads; and faucet, shower and tub water mixing, control and volume control valves
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 042:  Providing computer software and firmware repair and maintenance services, software and firmware diagnostic checks, and monitoring and updating of software and firmware, all of the aforementioned in connection with electronic controllers and valves in showers, baths and other water outlets; providing temporary use of online cloud based software for electronic controllers and valves operated by a smart phone or other electronic device app for the control and monitoring of water, water settings and multimedia accessories in showers, baths, and other water outlets
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



The applicant hereby appoints Ryan W. Falk. Other appointed attorneys are Amanda S. Adams, Andrew W. Alexander, Chet J. Bonner, Michael C. Campbell, John S. Cipolla, Kyle T. Deighan, Joshua A. Friedman, David J. Grover, Mark R. Hull, Christopher M. Jackson, Tara A. Kastelic, Dustin D. Likens, Yizhou Liu, J. Andrew Mason, Mark W. McDougall, Daniel J. McMullen, John E. Miller, Stephen W. Moore, Sean T. Moorhead, Nenad Pejic, Kimberly A. Pinter, Bradley S. Pulfer, Billy C. Raulerson, John L. Reulbach, Raymond Rundelli, Joshua M. Ryland, Adam P. Slepecky, Kenneth A. Smith, Kenneth J. Smith, Todd R. Tucker, Veronica L. Vasu, Mark A. Watson, Jennifer B. Wick, John A. Wilaj, Georgia E. Yanchar. Ryan W. Falk of Calfee, Halter & Griswold LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      The Calfee Building
      1405 East Sixth Street
      Cleveland, Ohio 44114-1607
      United States
      +Exception caught when try to retrieve message-(phone)
      216-241-0816(fax)
      ipdocket@calfee.com (authorized).
The attorney docket/reference number is 27475/18114.
Ryan W. Falk 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:

Ryan W. Falk

Calfee, Halter & Griswold LLP

The Calfee Building       1405 East Sixth Street

Cleveland, Ohio 44114-1607

+Exception caught when try to retrieve message-(phone)

216-241-0816(fax)

ipdocket@calfee.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Ryan W. Falk/   Date: 10/30/2019
Signatory's Name: Ryan W. Falk
Signatory's Position: Attorney of record, Ohio bar member
Payment Sale Number: 88674638
Payment Accounting Date: 10/30/2019

Serial Number: 88674638
Internet Transmission Date: Wed Oct 30 19:06:39 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019103019063989
7581-88674638-700795a7212dc248d0a3e35d1c
73a65890ebd93780e9d3d2ece5efe7e7dc7c8bb3
-DA-06394879-20191030163524289915