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: 90135861

Filing Date: 08/25/2020

To the Commissioner for Trademarks:

MARK: ACCUBLUE HOME (Standard Characters, see mark)
The literal element of the mark consists of ACCUBLUE HOME. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Leslie's Poolmart, Inc., a corporation of Delaware, having an address of
      2005 E. Indian School Road
      Phoenix, Arizona 85016
      United States
      XXXX

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:  downloadable computer software for analysis, testing, cleaning, filtering, monitoring and management of water for swimming pools and spas; hardware and software system primarily comprised of computer hardware and downloadable computer software for remote analysis, testing, cleaning, filtering, monitoring and management of water for swimming pools and spas; downloadable computer application software programs for smart devices, mobile devices, phones, portable media players, and tablets for controlling integrated electronic control systems and for controlling the electrical functions and automation of water analysis, testing, cleaning, filtering, monitoring and management for swimming pools and spas; downloadable software in the form of a mobile application for analysis, testing, cleaning, filtering, monitoring and management of water for swimming pools and spas; downloadable computer software for data analysis and data management regarding the analysis, testing, cleaning, filtering, monitoring and management of water for swimming pools and spas; downloadable computer software platforms for managing equipment and controls for swimming pools and spas; downloadable computer software for controlling the temperature of swimming pools and spas, for controlling the electrical systems of swimming pools and spas; equipment and controls for swimming pools and spas, namely, electric motor control units for swimming pools and spas; electric sensors and integrated electronic control systems for machines in the nature of pool pumps, all for use in the management of swimming pools and spas; connection devices in the nature of fiber optic connectors and electrical connectors; camera systems comprised primarily of video cameras, video systems comprised primarily of video cameras, lights for use on video cameras, electric light warning systems, light sensors being motion sensors, water accessories in the nature of thermometers not for medical purposes, electric synchronization sensors and temperature sensors, all relating to swimming pools and spas, connected to community network systems of electronic computers for home automation; downloadable computer application software programs for controlling the electrical functions and automation of swimming pools and spas, equipment and controls for swimming pools and spas, cleaners for swimming pools and spas, covers for water pumps, water filtering systems, heaters, heat pumps, camera systems, video systems, lights, lighting systems, light sensors, water game apparatus, water fountains, water accessories, synchronization sensors and temperature sensors, all relating to swimming pools and spas, connected to community network systems of electronic computers for home automation; Diagnostic apparatus and instruments for use in the analysis, testing, and diagnosis of water for swimming pools and spas; Monitoring and control apparatus and instruments for use in the control and monitoring of the analysis, testing, and diagnosis of water for swimming pools and spas; Electrical control units for controlling the analysis, testing, diagnosis of water for swimming pools and spas; Electronic controllers for monitoring the analysis, testing, diagnosis of water for swimming pools and spas; Electronic pool and spa control systems
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 temporary use of non-downloadable software for analysis, testing, cleaning, filtering, monitoring and management of water for swimming pools and spas; providing temporary use of non-downloadable software for data analysis and data management regarding the analysis, testing, cleaning, filtering, monitoring and management of water for swimming pools and spas; providing temporary use of non-downloadable software for managing equipment and controls for swimming pools and spas; providing a website featuring temporary use of non-downloadable software allowing website users to view information regarding the analysis, testing, cleaning, filtering, monitoring and management of water for swimming pools and spas; software as a service (SaaS) services featuring software using artificial intelligence for analysis, testing, cleaning, filtering, monitoring and management of water for swimming pools and spas; Water analysis; Electronic monitoring, analysis, testing, cleaning, filtering, management and reporting of water for swimming pools and spas using computers or sensors; Monitoring of swimming pool and spa water quality; monitoring of computer systems by remote access to ensure quality of water for swimming pools and spas; Technological consulting services in the field of analysis, testing, cleaning, filtering, monitoring and management of water for swimming pools and spas; Providing temporary use of a non- downloadable subscription-based software featuring analysis, testing, cleaning, filtering, monitoring and management of water for swimming pools and spas
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) 6124515.


The owner's/holder's proposed attorney information: Flavia Campbell. Flavia Campbell of DICKINSON WRIGHT PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1850 North Central Avenue, Suite 1400
      Phoenix, Arizona 85004
      United States
      602-285-5091(phone)
      (844) 670-6009(fax)
      dwtrademarks@dickinsonwright.com
The docket/reference number is 093500-00032.
Flavia Campbell 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:

Flavia Campbell

PRIMARY EMAIL FOR CORRESPONDENCE: dwtrademarks@dickinsonwright.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): fcampbell@dickinsonwright.com; cmendez@dickinsonwright.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 $550 has been submitted with the application, representing payment for 2 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Benjamin J. Lindquist/   Date: 08/25/2020
Signatory's Name: Benjamin J. Lindquist
Signatory's Position: V.P. & Corporate Counsel
Payment Sale Number: 90135861
Payment Accounting Date: 08/25/2020

Serial Number: 90135861
Internet Transmission Date: Tue Aug 25 14:32:07 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020082514320799
9266-90135861-7408023ec03c74e71bf4da2def
d89e339f4fa5e98cfb1586f860aaed4c99c82872
-DA-32070635-20200825132311819123