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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88793966 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://uspto.report/TM/88793966/mark.png |
LITERAL ELEMENT |
HAYWARD |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
OWNER SECTION (current) |
NAME |
Hayward Industries, Inc. |
STREET |
400 Connell Drive, Suite 6100 |
CITY |
Berkeley Heights |
STATE |
New Jersey |
ZIP/POSTAL CODE |
07922 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
OWNER SECTION (proposed) |
NAME |
Hayward Industries, Inc. |
STREET |
400 Connell Drive, Suite 6100 |
CITY |
Berkeley Heights |
STATE |
New Jersey |
ZIP/POSTAL CODE |
07922 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION (009) (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Safety monitoring system for pool and water environments including camera, downloadable software for identifying unsafe situations,
non-downloadable software for identifying unsafe situations and alarm; and downloadable software for identifying unsafe pool and water environment situations and sending notifications and alarms |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009) (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Safety monitoring system for pool and water environments including camera, downloadable software for
identifying unsafe situations, non-downloadable software for identifying unsafe situations and alarm; Safety monitoring system for pool and water environments
comprised primarily of a camera, downloadable software for identifying unsafe situations, and non-downloadable software for identifying unsafe situations and alarm; and
downloadable software for identifying unsafe pool and water environment situations and sending notifications and alarms |
FINAL DESCRIPTION |
Safety monitoring system for pool and water environments comprised primarily of a camera, downloadable software for identifying unsafe
situations, and non-downloadable software for identifying unsafe situations and alarm; and downloadable software for identifying unsafe pool and water environment situations and sending notifications
and alarms |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (045) (no change) |
CORRESPONDENCE INFORMATION (current) |
NAME |
MICHAEL R. FRISCIA |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
mfriscia@mccarter.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
crodrigue@mccarter.com; dpopovic@mccarter.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Michael R. Friscia |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
mfriscia@mccarter.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
crodrigue@mccarter.com; dpopovic@mccarter.com |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Michael Friscia/ |
SIGNATORY'S NAME |
Michael R. Friscia |
SIGNATORY'S POSITION |
Attorney of Record, NJ Bar Member |
SIGNATORY'S PHONE NUMBER |
973-848-8308 |
DATE SIGNED |
03/31/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Mar 31 10:12:12 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XX-202
00331101212492411-8879396
6-71045cb7756bc64a5bee1cb
a1b514be4d4aa270e65db2f0c
a450e3295e48743c84-N/A-N/
A-20200330162601206309 |
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.
88793966 HAYWARD(Standard Characters, see http://uspto.report/TM/88793966/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Safety monitoring system for pool and water environments including camera, downloadable software for identifying unsafe situations, non-downloadable software for
identifying unsafe situations and alarm; and downloadable software for identifying unsafe pool and water environment situations and sending notifications and alarms
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: Safety monitoring system for pool and water environments including camera, downloadable software for identifying unsafe situations,
non-downloadable software for identifying unsafe situations and alarm;
Safety monitoring system for pool and water environments comprised primarily of a camera,
downloadable software for identifying unsafe situations, and non-downloadable software for identifying unsafe situations and alarm;
and downloadable software for identifying
unsafe pool and water environment situations and sending notifications and alarmsClass 009 for Safety monitoring system for pool and water environments comprised primarily of a camera,
downloadable software for identifying unsafe situations, and non-downloadable software for identifying unsafe situations and alarm; and downloadable software for identifying unsafe pool and water
environment situations and sending notifications and alarms
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: Hayward Industries, Inc., a corporation of New Jersey, having an address of
400 Connell Drive, Suite 6100
Berkeley Heights, New Jersey 07922
United States
Proposed: Hayward Industries, Inc., a corporation of New Jersey, having an address of
400 Connell Drive, Suite 6100
Berkeley Heights, New Jersey 07922
United States
Email Address: XXXX
Correspondence Information (current):
MICHAEL R. FRISCIA
PRIMARY EMAIL FOR CORRESPONDENCE: mfriscia@mccarter.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): crodrigue@mccarter.com; dpopovic@mccarter.com
Correspondence Information (proposed):
Michael R. Friscia
PRIMARY EMAIL FOR CORRESPONDENCE: mfriscia@mccarter.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): crodrigue@mccarter.com; dpopovic@mccarter.com
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: /Michael Friscia/ Date: 03/31/2020
Signatory's Name: Michael R. Friscia
Signatory's Position: Attorney of Record, NJ Bar Member
Signatory's Phone Number: 973-848-8308
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: MICHAEL R. FRISCIA
MCCARTER & ENGLISH, LLP
FOUR GATEWAY CENTER
100 MULBERRY STREET
NEWARK, New Jersey 07102
Mailing Address: Michael R. Friscia
MCCARTER & ENGLISH, LLP
FOUR GATEWAY CENTER
100 MULBERRY STREET
NEWARK, New Jersey 07102
Serial Number: 88793966
Internet Transmission Date: Tue Mar 31 10:12:12 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202003311012124924
11-88793966-71045cb7756bc64a5bee1cba1b51
4be4d4aa270e65db2f0ca450e3295e48743c84-N
/A-N/A-20200330162601206309