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NOTICE OF ALLOWANCE (NOA)
ISSUE DATE: Dec 29, 2020 |
U.S. Serial Number: 88786425
Mark: JH (Stylized/Design)
Docket/Reference Number: HARD1M.190T
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| No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of
a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration
certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline. |
| SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: |
| - |
An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the
application, if use basis was not specified originally); OR |
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An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must
be filed every six (6) months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six
(36) months from when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA. |
How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request have many
legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.
If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199. |
| FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS
APPLICATION. |
REVIEW APPLICATION INFORMATION FOR ACCURACY |
| Serial Number: |
88786425
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| Mark: |
JH (Stylized/Design)
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| Docket/Reference Number: |
HARD1M.190T
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| Owner: |
James Hardie Technology Limited
Europa House, Second Floor
Harcourt Centre, Harcourt Street
Dublin 2 , IRELAND
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| Correspondence Address: |
Charlene A. Azema
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 MAIN STREET, 14TH FLOOR
IRVINE, CA 92614
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This application has the following bases, but not necessarily for all listed goods/services: |
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Section 1(a): NO |
Section 1(b): YES |
Section 44(e): NO |
| GOODS/SERVICES BY INTERNATIONAL CLASS |
| 002 - |
Paints; coatings, namely, stains, primers, paint sealers, varnishes, clear finishes, and colored stains for exterior and interior use on a variety of substrates;
paints, primers, paint sealers, coatings in the nature of stains and clear finishes, and colored coatings in the nature of stains, all for non-metal building materials and fiber cement materials;
paints, primers, paint sealers, coatings in the nature of stains and clear finishes, all pre-applied on building and construction products -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE:
NONE |
| 006 - |
Metal building flashing; metal fasteners, namely, bolts, nails, nuts, rivets, and screws; metal fasteners, namely, ballistic fasteners being collated metal nails
to be used with nail guns; metal trim for buildings; metal building materials, namely, metal tab fasteners in the nature of flat metal sheets or tabs used for attaching building and construction
products to a variety of substrates; metal building materials, namely, steel furrings, furring channels and furring strips; metal threaded fasteners -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE:
NONE |
| 007 - |
Blades for power tools; power saw blades; dry cutting power saw blades for engineered cement composite building materials -- FIRST USE DATE: NONE; -- USE IN
COMMERCE DATE: NONE |
| 008 - |
Score and snap utility knives; score and snap working knives; score and snap knives for fiber cement materials; scoring knives for fiber cement and backerboards;
hand-operated cutting tools -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 017 - |
Non-woven, non-perforated polyolefin vapor barriers used in the construction industry as a water vapor barrier, moisture barrier, and air infiltration barrier to
protect and cover building structures; weatherizing membranes and vapor barrier; plastic sheeting used in the construction industry as a vapor barrier; laminated vapor barrier; Sheets of plastic
fabric used as an insulating infiltration barrier in building construction; building insulation; waterproofing membranes for foundations of buildings; non-metal weather strips for buildings; caulking
materials; waterproof sealants; sealants for buildings; adhesive waterproof tape, other than stationery and not for medical or household purposes ; waterproof duct tape and waterproof wallboard joint
tape; adhesive tape for industrial and commercial use -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 019 - |
Non-metal construction materials, namely, trim, exterior and interior boards, fiber cement boards, fiber cement panels, soffits, fascia, planks, siding, cladding,
and fiber cement underlayment; non-metal construction materials, namely, trim, exterior and interior boards , fiber cement boards, fiber cement panels, soffits, fascia, planks, siding, and cladding
having pre-applied finish coatings, paint coatings, or stain coatings; non-metal building materials in the nature of underlayment and cement composite boards for flooring, countertops, walls and
ceilings; non-metal water and moisture resistant underlayment in the nature of boards and panels for construction, in particular for flooring, countertops , walls, and ceiling; non-metal
architectural mouldings and finish trim; non-metal building flashing; non-metal roof flashing; seam tape for building; tape, namely, building seam tape, which is made out of polypropylene coated with
an adhesive and used to join barrier materials and cover wall, attic, and other areas of outside building structures; environmental control barriers, namely, fabric wall systems used for
environmental separation and containment in industrial and commercial applications; waterproofing membranes for roofing, floors and walls; waterproof membrane for use as a floor underlayment -- FIRST
USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 035 - |
Advertising, marketing and promotion services; promoting the sale of building and construction products through the distribution of printed promotional materials
of others , by providing hypertext links to the websites of others, namely, of dealers, suppliers and distributors of building and construction products, by preparation of custom advertisements and
custom promotional products for others in the nature of branded apparel, and by providing sales promotion consultation to others; advertising, marketing, and promotional services in the nature of
providing an online website portal that connects buyer customers to the seller services of others; electronic commerce services, namely, providing information online about products and services for
advertising and sales purposes; business advisory services and consultancy related to the selection and purchase of goods; online retail store services featuring building and construction materials,
apparel, banners, signage, and custom-made marketing and promotional goods for businesses; providing cooperative advertising and marketing services for suppliers and distributors of building and
construction products, for contractor services, and for home and commercial construction services; providing an online commercial information directory on the internet consisting of advertisements
and marketing information for use by dealers, suppliers, distributors and installers of building and construction products; providing consumer information in the field of building and construction
provided online; online ordering services, namely, providing a website for builders, contractors and construction sales professionals for placing orders and tracking the status of orders in the field
of building and construction products and materials and tools; conducting incentive award programs for customers and employees to promote excellent service and performance in the fields of
contracting and home and commercial construction; conducting incentive award programs to promote the sale of building and construction products; providing incentive awards programs for commercial,
promotional, and advertising purposes in the nature of providing preferred customers and member businesses with additional features and benefits through affiliation with a preferred program;
membership club services, namely, providing on-line information to member businesses of a membership club in the fields of advertising and marketing and business development in the nature of business
growth and sales generation, and providing advertising services for member businesses on distribution lists and websites; providing consumer product information services provided via customer support
services and help desk services regarding the selection and purchase of building and construction materials; business consulting services for contractors and builders, namely, one-on-one business
support services provided via telephone or online; providing consumer product information via the internet to customers regarding selection, purchase and installation of building and construction
products; business support services in the nature of business operation consulting services related to building and construction products and services; providing business information to businesses
within a membership club in the field of advertising and marketing, business growth, sales generation, and providing advertising services for member businesses on distribution lists, websites and
social media; providing business consulting services to professionals in the building and construction industry relating to color analysis, color coordination and color selection for paints and for
building and construction products; promoting the goods and services of others by means of a preferred customer program that provides customers with benefits and warranties for the purchase of
building and construction products; home warranty services, namely, arranging for repairs and replacement of home building products and home exteriors provided by others pursuant to service
agreements -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 037 - |
Building construction, remodeling and repair; construction planning services; installation services for wallboards, siding, roofing, and walls; consultation in
the field of construction, maintenance and renovation of real property; consultation in the field of installation, maintenance, and repair of wallboards, siding, roofing, and walls; maintenance and
renovation of real property; providing an internet website that features information on building construction, construction planning, and building renovation; building construction information
provided online; providing construction information to member businesses in a membership club, namely, regarding installation best practices for home and commercial contracting and construction
services; customer support services for dealers, distributors, builders and other trade professionals for answering questions related to product information, product installation, and providing
installation guidance and support services in the field of building and construction, all being technical advice related to the installation and repair of building and construction products; customer
support services for dealers, distributors, builders and other trade professionals in the nature of providing information in the field of installation of building and construction products; technical
customer support services in the nature of help desk services, namely, providing technical advice related to the installation of building and construction products; customer support services and help
desk services, namely, providing information about the installation of building construction products; providing information to customers regarding the installation of building and construction
products; technical support services, namely, troubleshooting and technical consultation related to the installation of building and construction products -- FIRST USE DATE: NONE; -- USE IN COMMERCE
DATE: NONE |
| 042 - |
Platform as a service (PAAS) featuring computer software platforms for users to manage products and online purchases for their customers, to compare costs, to
prepare budgets and to prepare cost reports; platform as a service (PAAS) services featuring computer software platforms for users to access information about fiber cement products, to create cost
estimates for product purchases, to manage online product sales on a project-by-project basis, to manage inventory of goods on a project-by-project basis, and to provide users with software for
billing purposes; software as a service (SAAS) services featuring software for creating 3D images, artwork and designs; software as a service (SAAS) services featuring software that connects
customers to product distributors; software as a service (SAAS) services featuring software that allows users to track product purchases and to calculate cost estimates for product purchases;
architectural design, interior design, exterior home design, and exterior color design advisory and consultancy services, namely, color analysis for the purpose of interior and exterior design,
providing a means of color coordinating building and construction materials, and providing color analysis for the design of cladding, siding, trim, panels and boards for building and construction,
all of the aforementioned services not for landscape or gardening; providing an online interactive website portal featuring technology that allows customers to place orders, view order status and
manage orders, check and compare pricing of materials, access educational videos and materials in the fields of building and construction, access instructional videos and materials in the fields of
building and construction, and contact customer service representatives; providing a website featuring information in the field of home and building architectural design, interior design, exterior
architectural design, and architecture; providing a website featuring technology that enables users to place and track orders for builders, contractors and construction sales professionals; providing
an online website portal featuring technology that allows customers to place orders, view order status and manage orders, check and compare pricing of materials, access educational videos and
materials in the fields of building and construction, to access instructional videos and materials in the fields of building and construction, and contact customer service representatives; software
as a service (SAAS) featuring software for managing and calculating construction takeoff; software as a service (SAAS) featuring software for quantifying the volume of construction materials required
from construction project measurements and from blueprints; software as a service (SAAS) featuring software for the construction industry for preparing bids; software as a service (SAAS) services
featuring software for construction project management; software as a service (SAAS) services featuring software for providing digital estimations of measurements from blueprints; software as a
service (SAAS) services featuring software for creating digital plans and allowing users to view and share digital plans; providing a website featuring interior design information on colors, paints,
color analysis, color coordination, and color selection -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.
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| Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a
display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual
sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here. |
| Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the
USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration. The lack of a bona fide intention to use the mark with ALL goods and/or services listed
in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its
cancellation. |
| Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations
and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199. |
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