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: 88786425

Filing Date: 02/05/2020

To the Commissioner for Trademarks:

MARK: JH (stylized and/or with design, see mark)
The literal element of the mark consists of JH. The color(s) green is/are claimed as a feature of the mark. The mark consists of the letters J and H placed within a circle.
The applicant, James Hardie Technology Limited, a corporation of Bermuda, having an address of
      Europa House, Second Floor
      Harcourt Centre, Harcourt Street
      Dublin 2
      Ireland

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 002:  Paints; coatings, namely, stains, primers, sealers, varnishes, clear finishes, and colored stains for exterior and interior use on a variety of substrates; paints, primers, sealers, stains, clear finishes and colored stains for non-metal building materials, polymer composite materials, fiber cement materials, and fiberglass materials; paints, primers, sealers, stains, and clear finishes, pre-applied on building and construction products
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 006:  Metal building flashing; metal fasteners, namely, bolts, nails, nuts, rivets, screws, and ballistic fasteners; metal trim for buildings; metal building materials, namely, metal tab fasteners for attaching building and construction products; metal building materials, namely, steel furrings, furring channels and furring strips; metal threaded fasteners
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 007:  Blades for power tools; power saw blades; dry cutting power saw blades for engineered cement composite building materials
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 008:  Score and scrap knives; cement and backerboard scoring knives; hand-operated cutting tools
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 017:  Non-woven, non-perforated polyolefin 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
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 019:  Non-metal construction materials, namely, trim, boards, panels, soffits, fascia, planks, siding, cladding, and underlayment; non-metal construction materials, namely, trim, boards, panels, soffits, fascia, planks, siding, and cladding having pre-applied finish coatings, paint coatings, or stain coatings; non-metal underlayment and cement composite boards for flooring, countertops, walls and ceilings; non-metal water and moisture resistant underlayment for flooring, countertops, walls, and ceiling; non-metal building and construction material, namely, fiber cement, polymer composite, and engineered cement composite trim, boards, panels, soffits, fascia, planks, siding, cladding, and underlayment; non-metal architectural mouldings and finish trim; non-metal building flashing; non-metal roof flashing; seam tape for building; tape, namely, 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
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 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 dealers, suppliers and distributors of building and construction products, by preparation of custom advertisements and custom promotional products in the nature of branded apparel of others, and by providing sales promotion consultation; advertising, marketing, and promotional services in the nature of an online web portal that connects customers to the 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 a website and online directory consisting of advertisements and marketing information for use by dealers, suppliers, distributors and installers of building and construction products; consumer information concerning 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 program to promote excellent service and performance in the fields of contracting, home and commercial construction; conducting incentive award programs to promote the sale of building and construction materials; incentive awards services for commercial, promotional, and/or advertising purposes in the nature of recognition of preferred customers and member businesses through affiliation with a preferred program; information provided to member businesses of a membership club in the field of advertising and marketing, business growth, sales generation, and providing advertising for member businesses on distribution lists and websites; 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, namely, one-on-one business support services provided via telephone or online; providing information to customers regarding selection, purchase and installation of building and construction products; business support services in the nature of business consulting services related to building and construction products and services; providing business information provided to businesses within a membership club in the field of advertising and marketing, business growth, sales generation, and providing advertising for member businesses on distribution lists, websites and social media; providing a website featuring information on colors, paints, color analysis, color coordination, and color selection; providing business 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; promotional 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
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 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 property; consultation in the field of installation, maintenance, and repair of wallboards, siding, roofing, and walls; maintenance and renovation of property; website providing information on building construction, construction planning, and renovation; building construction information provided online; information provided to member businesses in a membership club in the field of construction, 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; customer support services for dealers, distributors, builders and other trade professionals in the nature of information provision in the field of installation of building and construction materials; customer support services in the nature of help desk services related to the installation of products in the field of building and construction; customer support services and help desk services, namely, providing information about the installation of construction materials; providing information to customers regarding the installation of building and construction products; technical support services, namely, troubleshooting and technical consultation regarding the installation of building and construction products
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:  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; advisory and consultancy services, specifically, 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; online portal 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 design, interior and exterior design, and architecture; providing a website featuring technology for placing and tracking orders for builders, contractors and construction sales professionals; online 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; software as a service (saas) featuring software for use in 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 provides 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
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5089777, 5254148, 2235580, and others.


The applicant hereby appoints Charlene A. Azema. Other appointed attorneys are John B. Sganga, Jr., Edward A. Schlatter, Gerard von Hoffmann, Joseph R. Re, Catherine J. Holland, John M. Carson, Jeffrey L. Van Hoosear, Daniel E. Altman, Lynda J. Zadra-Symes, William H. Shreve, Stephen C. Jensen, Steven J. Nataupsky, Paul A. Stewart, Joseph F. Jennings, Craig S. Summers, Diane M. Reed, Ronald J. Schoenbaum, John R. King, Adeel S. Akhtar, David N. Weiss, Douglas G. Muehlhauser, Lori Lee Yamato, Michael K. Friedland, Stacey R. Halpern, Mark M. Abumeri, Jon W. Gurka, Joseph M. Reisman, Michael L. Fuller, Paul N. Conover, Robert J. Roby, Sabing H. Lee, Karoline A. Delaney, Joseph S. Cianfrani, William R. Zimmerman, Eric S. Furman, Susan M. Natland, Rose M. Thiessen, Michael A. Guiliana, Rabinder N. Narula, Bruce S. Itchkawitz, John M. Grover, Irfan A. Lateef, Amy Christensen Chun, Mark J. Gallagher, David G. Jankowski, Brian C. Horne, Payson LeMeilleur, Sheila N. Swaroop, Benjamin A. Katzenellenbogen, Andrew N. Merickel, Thomas P. Krzeminski, Linda H. Liu, James F. Herkenhoff, Andrew M. Douglas, Salima A. Merani, Jonathan A. Hyman, Curtiss C. Dosier, Joseph J. Mallon, Sean M. Murray, Christy G. Lea, Perry D. Oldham, Russell M. Jeide, Zi Y. Wong, Matthew S. Bellinger, Mincheol Kim, Gregory A. Hermanson, Lauren Keller Katzenellenbogen, Ted M. Cannon, Carol Pitzel Cruz, Josué A. Villalta, Andrew I. Kimmel, Brenden Gingrich, Maria Culic Anderson, Melanie J. Seelig, Mauricio A. Uribe, Curtis R. Huffmire, Christopher L. Ross, Eli A. Loots, Ryan E. Melnick, Yanna S. Bouris, Philip M. Nelson, Marko R. Zoretic, Kerry S. Taylor, Derek C. Dailey, Jarom D. Kesler, Colin B. Heideman, Theodore G. Papagiannis, Nicholas M. Zovko, Adam J. Gilbert, Kimberly J. Miller, Bryan W. Wahl, Thomas Y. Yee, Agnes Juang, Jason J. Jardine, Jared C. Bunker, Lance D. Smemoe, Joshua J. Stowell, Jonathan E. Bachand, Ali S. Razai, Terry K. Tullis, Derek R. Bayles, Cheryl T. Burgess, Gregory B. Phillips, Brian C. Claassen, Mark Lezama, Sean Ambrosius, Stephen W. Larson, John L. Paik, Michael R. Christensen, Benjamin J. Everton, Jason A. Gersting, Baraa Kahf, Alan G. Laquer, Vlad Teplitskiy, Jeffery L. Hallstrom, Maria V. Stout, William O. Adams, Ian W. Gillies, Andrew W. Lloyd, Mark D. Kachner, Lincoln S. Essig, David R. Trossen, Aaron M. Davis, Jason R. Swartz, Benjamin B. Anger, Jason A. Champion, Daniel V. Gibson, Jeremy J. Carney, Karen M. Cassidy, Adam B. Powell, Karen J. Lenker, Bryan G. McWhorter, Nathanael R. Luman, Andrea L. Cheek, Damien J. Howard, Jane Q. Dai, Shannon Lam, Peter Law, Mark Metzke, Scott G. Siera, Jacob Peterson, Christie R.W. Matthaei, Vladimir S. Lozan, Paul S. Stellman, Heungsoo Choi, Nicole Rossi Townes, Vikas Bhargava, Daniel J. Fischer, Jeremy A. Anapol, Scott A. Cromar, Kendall M. Loebbaka, David R. Schmidt, Harnik Shukla, Charlene A. Azema, Morgan R. Coates, Jessica L. Achtsam, Jonathan A. Menkes, Rosaleen H. Chou, Deborah S. Shepherd, Mark D. Marsden, Joan Y. Chan, Loni L. Morrow, Kyu S. Min, Chang Sik Lim, Thomas S.H. Cowan, Devanie A. DuFour, Alexander J. Martinez, Hans L. Mayer, Jessica C. Sganga, Nicholas A. Belair, Ryan S. Furtado, Angela K. Dremann, Justin J. Gillett, M. Scott Forbes, Brian M. Graham, Brian J. Flynn, Mitchell B. Hadley, Elenore Niu, Michael P. Burns, David M. Cohen, Mark E. Davis, Jordan Gottdank, Kim A. Kennedy, Daniel C. Kiang, Keith M. Lim, Ashley C. Morales, Nathan D. Reeves, Brandon G. Smith, Xiaoyan Sabrina Wang, Jun Hyuk (Zach) Hong, Jordan M. Cox, Albert J. Sueiras, Mark Rubinshtein, David J. Grant, Clayton R. Henson, Daniel A. Kamkar, Lesley Y. Kim, Nathan J. Lee, Josepher Li, Jacob R. Rosenbaum, James F. Smith, Douglas B. Wentzel, Aryeh N. Feinstein, Noorean I. Gill, Aaron S. Johnson, Bryan J. Johnson, Chanell Khosrowabadi, Lindsay A. Laddaran, Janet M. Allendorph, Alexander Zeng, Sean S. Kim, Benjamin Ho, Adam R. Aquino, Samuel I. Cockriel, Serah R. Friedman, Bita Kianian, Eric R. Malmgren, Brian M.Z. Reece, Derk A. Westermeyer, Suyoung Jang, Show Xiaoyu Wang, Justin E. Culbertson, Andrew E. Morrell, Victoria E. Ellis, Yasmin L. Amin-Reimer, Kendrick S. Hsu, Catherine R. Gourash, Marissa M. Rosenbaum, Brok S. Humbert, Karl W. Kowallis, Christopher L. Lewis, Ryan L. McBride, Atiya M. Myers, David C. O'Hair, Radhika K. Raman, Makoto Tsunozaki, James Yang, Jeremiah S. Helm, Hironori Kubota, Kregg A. Koch, Arsen Kourinian, James E. Youngblood, Andrew D. Lee, Yusuke Hirai, and Sunyong Tang. Charlene A. Azema of Knobbe, Martens, Olson & Bear, 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
      2040 Main Street, 14th Floor
      Irvine, California 92614
      United States
      949-760-0404(phone)
      (949) 760-9502(fax)
      efiling@knobbe.com (authorized).
The attorney docket/reference number is HARD1M.190T.
Charlene A. Azema 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:

Charlene A. Azema

Knobbe, Martens, Olson & Bear, LLP

2040 Main Street, 14th Floor

Irvine, California 92614

949-760-0404(phone)

(949) 760-9502(fax)

efiling@knobbe.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 $2475 has been submitted with the application, representing payment for 9 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: / Dr James Lenney /   Date: 02/05/2020
Signatory's Name: Dr. James Lenney
Signatory's Position: Global IP Manager
Payment Sale Number: 88786425
Payment Accounting Date: 02/05/2020

Serial Number: 88786425
Internet Transmission Date: Wed Feb 05 17:51:12 EST 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2020020517511245
5055-88786425-700c242adb748da6f4fc64fcc9
6df9ed6d06dc41df853c16eb388fee768739c-CC
-51119565-20200204190144751481