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: 88804599

Filing Date: 02/20/020

To the Commissioner for Trademarks:

MARK: BROAN NUTONE (stylized and/or with design, see mark)
The literal element of the mark consists of BROAN NUTONE. The mark consists of the word BROAN with a wave design through the middle of the letters O and A over the word NuTone.
The applicant, Broan-NuTone LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      926 West State Street
      Hartford, Wisconsin 53027
      United States
      ipgeneral@broan.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 006:  Metal elbows for pipes.
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:  Trash compactors; motors for fan and blower assemblies for heating, ventilating and air conditioning products; variable frequency drives for motors, other than for land vehicles, specifically for fan and blower assemblies for heating, ventilating, and air conditioning products; central vacuum cleaning systems for residential use, comprised of, central power units, canisters, outlets, switches, extension cords, protective hose sleeves, hose wall inlets, dust pan inlets and trim plates, installation kits, mounting brackets, rough-in kits, mounting plates for inlets, nail plates and duct outlet cover plates; central vacuum cleaning attachments for residential use, namely, hand tool kits comprised primarily of crevice tools, upholstery tools with brushes, floor/wall tools, tool caddies, electric power brushes, vacuum brushes, dusting brushes disposable soil bags, suction nozzles, hoses, turbine brushes, wands, upholstery tools, hard floor tools, brush tools for pet hair, mufflers, plastic tubing and tubing fixtures, and parts and fittings, wall caps, elbow piping, end caps, supervalves, car care attachment set, car and bare floor attachments, floor and rug tools, and hard surface floor tools, and structural replacement components therefor; replacement parts and accessories for central vacuum cleaning systems, namely, wall inlet valves, hoses, belts, motors, filters, powerheads, carpet brushes and gaskets; central vacuum cleaning systems for 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 009:  Electronic control system for use with indoor air handling units, ventilation systems, air exchangers, bath exhaust fans, and range hoods; downloadable software to optimize performance of indoor air handling units, ventilation systems, air exchangers, bath exhaust fans, and range hoods; electronic devices for environmental monitoring and control for use with indoor air quality and ventilation systems; electronic sensors and plugs used with indoor air quality and ventilation systems for sensing, monitoring, and detecting temperature, humidity, pressure, and other environmental factors in order to provide optimal air quality; Electronic control system for use with indoor air handling units, ventilation systems, air exchangers, bath exhaust fans, and range hoods; downloadable software and downloadable mobile applications to optimize performance of indoor air handling units, ventilation systems, air exchangers, bath exhaust fans, and range hoods; electronic control panels and switches for fans, air exchangers, and indoor air quality and ventilation systems; electronic humidity sensors and controllers for use with ventilators; electric control system, namely, main electronic controllers for use with heating, air conditioning, humidifying, dehumidifying, ventilation and air purifying systems; climate control systems consisting of digital thermostats and ventilation control devices; temperature control and precision systems in climate control devices for the control, diagnosis, programming and climate alarm in the home; wireless audio speakers for household exhaust ventilation fans, bathroom exhaust fans and component parts thereof; whole house music distribution and home theatre system, namely, inwall, ceiling, surface mount, indoor, and outdoor speakers, subwoofers, volume controls, rough-in frame for speakers; electric door chimes; classic electric doorbells and buzzers; blinking light visual door signal and components therefor, namely, electronic module, transmitter, and receiver; wireless electronic door chime and extension therefor; video door answering system and components therefor, comprised of a door camera, video monitor, audio/video surveillance camera, electrical cable, cable connectors, signal splitters and transformers; lighted and non-lighted electric push-button switch for doorbell; electric wire for doorbell chime; transmitters, modules, and receivers for use with door signaling devices; electric timer switches and remote controls for heaters, ventilation fans and exhaust fans; time delay switches for heaters and exhaust fans and ventilation fans; variable speed controls for ventilation fans; electric timer controls, electric switches, thermostatic controls and humidity controls for attic fans and house fans; mounting frames for loudspeakers and intercom controls; wired mechanical electrically operated doorbells; electric doorbells with video function; downloadable, recorded computer software and mobile apps for operating video doorbells; wireless electric doorbells; video monitors; video screens; cameras; video recorders; webcams; intercoms and video intercoms; electric light dimmers and light switches; electrical wall outlets; thermostats; wired and wireless electronic controllers for thermostats, home automation systems, indoor and outdoor air quality, lighting, ventilation fans; electrical power devices in the nature of multimedia outlets for controlling automatic or scheduled turn on/off appliances plugged into the outlet; home and office automation systems comprising wireless and wired controllers, controlled devices, and downloadable, recorded software for lighting, hvac, security, safety and other home and office monitoring and control applications; dimmers and light switches; electrical power devices in the nature of multimedia outlets for controlling automatic and scheduled turn on/off appliances plugged into the outlet; home and office automation systems comprising wireless and wired controllers, controlled devices for safety and other home and office monitoring and control applications, namely, computer and smartphone hubs used for monitoring, controlling, scheduling and automating lighting, heating, air conditioning, and cameras, and downloadable, recorded software for lighting, HVAC, security; downloadable electronic publications namely, catalogs, installation guides, specification sheets in the field of heat and energy recovery ventilation; humidity sensing wall controls, programmable electronic wall control for use with indoor air quality products, air supply speed controls for ERV/HRV units, central control with dehumidistat, thermostat controllers for wall heaters, high temperature controls, electronic variable speed control for ventilation fans, fan and light controllers, and speed and time control switches; electrical heaters adapted to be built into the walls and the ceilings and floors of rooms; integrated electronic supplemental protection system, namely, comprised of software, temperature sensors and electrical control systems for heating and air conditioning systems, for managing the ventilator operation mode of ventilation fans, air exchangers for cleaning and purification of air, heat exchangers, heat recovery ventilators, energy recovery ventilators, apartment ventilators used in residential and light commercial buildings with regard to the airflows temperature readings of the aforementioned devices in order to ensure that supplied air is temperate, namely, that airflows temperatures are mixed in satisfying proportions.
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:  Exhaust hoods for kitchens, range hoods, kitchen range ventilator hoods, cooking ventilation hoods; kitchen extractor hoods; downdraft range ventilators; oven, range and stove top ventilating exhaust fans; ventilators for removing cooking and heat source by-products from residential food cooking units; air handlers; heat pumps; evaporator coils for heating and ventilation units; zoning systems comprised of automatically adjusting climate controls, zone dampers and zone actuators with monitoring software for diagnostics, scheduling and alarming; range hoods and accessories therefor, namely, splash plates, duct extensions, fittings, and wall and roof caps; bathroom ventilating exhaust fans; bathroom exhaust fans for residential use and parts and accessories thereof, namely grilles; exhaust ventilation fans and parts and accessories thereof, namely, grilles, motors, dampers, blower wheels, lights; adjustable mounting frame for use with the installation of ventilating exhaust fans; energy-efficient ventilating exhaust fans; energy-efficient ventilating exhaust fans with ceiling lights; energy-efficient bathroom exhaust fans; energy-efficient bathroom exhaust fans with ceiling lights; room heaters namely, portable electric space heaters, wall heaters, kickspace heaters, ceiling heaters, wall, ceiling, baseboard and waterproof heaters combinations in a common housing of such exhaust fans, and room heaters, and accessories therefor, namely, speed control switches and time switches for air supply speed control, humidity sensing, dehumidistats, thermostat controllers, electronic variable speed control for ventilation fans and fan and light controllers; electronic controls and switches for HVAC systems, central vacuum systems, exhaust fans, ventilating fans and range hoods; lighting system consisting essentially of lights and switches for ventilation exhaust fans; lighting system consisting essentially of lights and switches for range hoods; ventilation exhaust fans; hood ventilators and grille hoods and parts thereof, namely, replacement filters; ventilating fans for residential use; indoor air quality and ventilation systems comprised of air filters, fans, exchangers, ventilators, and electronic wall controls; central fan integrated ventilation systems comprised of ventilating exhaust fans, air intake ducts with motorized dampers, air handlers, fan cycling controllers, and blowers; balanced ventilation systems comprised of fans, air handlers, motorized dampers, and ventilators for residential and commercial use; ventilation fan accessories, namely, ventilating fans and fan speed controllers for household use, dampers, reducers, size adapter kits for interconnecting differently sized ducts together, electrostatic air filters for domestic use; air filters for residential use; air exchangers for supplying, exhausting, cleaning, purifying, heating, humidifying, dehumidifying, and cooling the air; air filtering installations; power attic ventilators for household use; energy recovery ventilators; heat recovery ventilators; air filters and ventilators to decrease air pollution for domestic use; combination heater-fan-light units; electric fans for home ventilation; air supply and intake fans; balanced ventilation systems comprised of supply fans and exhaust fans; inline fans; fitted decorative trim for fans and range hoods; exhaust fans, heaters, IAQ-Indoor Air Quality-systems comprised of residential and commercial ERV (energy recovery ventilator) and residential and commercial HRV (heat recovery ventilator), indoor air exchangers, HEPA filtration and fresh air ventilation, air intake with duct, register with damper, supply fans, whole house air-exchanger, duct connector baffle; voice activation software for kitchen range hoods; component parts of airflow systems using dampers and electronic control units to balance fresh, stale, filtered air for use in whole-house domestic HEPA air filtration systems; automatic sensing for kitchen range hoods, exhaust hoods for kitchens and cooking ventilation hoods; adjustable lighting for range hoods, exhaust hoods, ventilation hoods, downdraft ranges, ventilation fans, kitchen exhaust ventilation fans, and PAVs- Powered Attic Ventilators, range hoods; downdraft range ventilators; oven, range and stove top ventilating exhaust fans and component parts thereof, namely including power cords kits, mounting brackets, filters, backsplashes, internal blowers, flue extensions, and non-ducted kits; ventilating exhaust fans with ceiling lights, bathroom exhaust fans, bathroom exhaust fans with ceiling lights; ventilating exhaust fans for closets and attics; ventilating exhaust fans, parts and accessories thereof, dampers, grilles, duct connectors, hanger bars; lighting system consisting of lights and switches for ventilation exhaust fans; lighting system consisting of lights and switches for range hoods; household and bathroom exhaust fans with integrated wireless audio speakers and component parts thereof; exhaust fans and combination exhaust fan/light assemblies automatically controlled by humidity and motion detectors and programmable timers; ventilating fans and fan speed controllers for household use; air vents and integrated vent grilles for whole-house domestic HEPA air filtration systems; whole-house ventilators; attic ventilators; exhaust fans with light and/or heater, ductless fans, fan parts and accessories included in this class; ventilation installations and their parts, namely circulation covers and exhaust fans; fans and air extractors; fans with motor for the attic and solar fans for the attic; ductless exhaust fans; heaters, namely wall heaters, kickspace, ceiling, project packs, heater accessories; structural replacement parts for bath fans, range hoods and ventilation equipment, namely, local and central ventilation and filtration systems and integrated heating systems comprising air exchangers, heat exchangers and heat recovery ventilators; bracket and channel track for air filter and energy recovery core placement for use in whole-house HEPA air-filtration system units; range hoods and parts therefore, namely, BLDC motor, digital control, blower housing and wheel; kitchen range ventilator hoods; vacuum ventilation sold as a feature on exhaust hoods for kitchens, range hoods, and kitchen range ventilator hoods; electric light bulbs for lighted doorbell push button switches; wall and roof mounted exhaust fans for ducted connection to range hoods; range hoods with exhaust fans and filters; exhaust fans with and without lights, with and without filters; exhaust fans for direct mounting to range hood; wall-mounted fans for inside and outside walls and ceilings; chimney exhaust ventilation fans; chimney range hoods for residential use; ventilation fan accessories, namely, grilles, dampers, reducers, size adapter kits for interconnecting differently sized ducts together, roof caps, eave caps and wall caps, ducts, and sleeves; roof exhaust fans; attic fans; radiant, forced air portable space heaters; electric portable heaters with and without lights and with and without ventilation fans; ceiling-mounted and interior and exterior wall-mounted discharge, exhaust and ventilation fans; roof-mounted discharge, exhaust and ventilation fans; gable fans and automatic gable louvers; whole-house ventilation fans and louvers therefor; non-ducted ventilation fans; room-to-room electric fans; bathroom electric lighting fixtures; air-conditioning, air cooling and ventilation apparatus and instruments; hvac units; ventilating fans and combination heating and lighting units; exhaust fans and combination exhaust fan/light assemblies automatically controlled by humidity and/or motion detectors and/or programmable timers; ventilating exhaust fans, ventilating exhaust fans with ceiling lights, electrical heaters adapted to be built into the walls and the ceilings of rooms, exhaust fans, built in ventilating hoods, radio intercom and music systems; radiant heaters; outdoor landscape lighting installations for recreational, camping, and commercial use, not for agricultural use; outdoor LED landscape lights that emit insect repellant for recreational, camping, and commercial use for humans and pets, not for agricultural use; fan blades for fan and blower assemblies in heating, ventilating and air conditioning products; door chimes; classic door bells and buzzers; electronic and musical door chimes; wireless electronic door chimes and extension therefor, non-electric door chimes with and without optical viewer, blinking light visual door signal and components therefor, transmitter and receiver, video door answering system and components therefor, namely door camera, video monitor, audio/video surveillance camera, electrical cable, cable connectors, signal splitters and transformers; electric door communication and lock control and components therefor, namely, speakers, door release modules, control amplifiers, and electrically operated door releases; lighted and non-lighted electric push button switch for door bell; electrical wire for door bell chime; transmitters, modules, and receivers for use with door signaling devices; time delay switches for heaters and exhaust fans and ventilation fans; variable speed controls for ventilation fans; electric timer switches for heaters, ventilation fans and house fans.
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 016:  Operation and installation manuals, product data manuals, brochures, trade show backdrops and banners, printed signs, printed advertisement, namely point of sale displays and tradeshow exhibitions; and print publications namely, catalogues booklets, training manuals, newsletters, printed presentations, specification sheets, installation guides, in the field of heat and energy recovery ventilation, fresh air systems, balanced ventilation, range hoods, exhaust ventilation fans.
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 020:  Non-electric non-metal door chime with and without optical viewer.
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 021:  Outdoor landscape fixtures consisting of a stake, pole and housing that emit insect repellant for humans and pets; outdoor landscape fixtures consisting of a stake, pole and housing that emit insect repellant for recreational, camping, or commercial use, not for agricultural use; mugs.
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 025:  Clothing, namely, shirts, hats, jackets, polos, and sweaters.
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 communication namely, online, social media, websites, point of sale displays, tradeshow exhibitions; operation of an Internet website offering information in the field of whole home ventilation; electronic, web-based, and mail order catalogue services featuring ventilation systems, namely, bath fans, range hoods, heater/fan light combination units, indoor air quality systems, heaters, whole-home exhaust ventilation, attic ventilators; business administration of a dealer trade loyalty reward program to third parties who sell and install indoor air networks, residential ventilation and air quality products, range hoods, ventilation fans, and air exchangers, built-in electric heaters, fresh air systems, attic ventilators, door chimes, central vacuum systems, and home automation 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 040:  Custom manufacture of ventilation systems, namely, bath fans, exhaust ventilation fans, balanced ventilation, range hoods, heater/fan light combination units, indoor air quality systems, heaters, whole-home exhaust ventilation, attic ventilators.
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 041:  Online non-downloadable electronic publications namely, operation manuals, specification sheets, installation guides and catalogues in the field of heat and energy recovery ventilation.
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:  Non-downloadable software to optimize performance of indoor air handling units, ventilation systems, air exchangers, bath exhaust fans, and range hoods.
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 owner's/holder's proposed attorney information: Michelle M. Mikol. Other appointed attorneys are all other attorneys. Michelle M. Mikol of Barnes & Thornburg 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
      Suite 500
      1717 Pennsylvania Avenue, NW
      Washington, District of Columbia 20006-4623
      United States
      202-371-6356(phone)
      202-289-1330(fax)
      trademarks-ch@btlaw.com
The docket/reference number is 76406-315935.
Michelle M. Mikol 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:

Michelle M. Mikol

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks-ch@btlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): MMikol@btlaw.com; Kelly.Walsh@btlaw.com; Sherry.Martin@btlaw.com; IPGeneral@broan.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $3300 has been submitted with the application, representing payment for 12 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: /Lee Berger/   Date: 02/20/2020
Signatory's Name: Lee Berger
Signatory's Position: Group Vice President and General Counsel
Payment Sale Number: 88804599
Payment Accounting Date: 02/20/2020

Serial Number: 88804599
Internet Transmission Date: Thu Feb 20 17:10:43 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20200220171043258
326-88804599-710c5bfb014442bbe7d185e134a
5617d2412ab7e5f9b1ddc153a8b89dc5c503c10-
CC-10410865-20200220160805328654