UNITED STATES PATENT AND TRADEMARK OFFICE
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INTERNATIONAL REGISTRATION NO : 76220440
APPLICANT: OTICON A/S
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July 25, 2011 |
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: OTICON
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RE: Note of Replacement of: 2655786
The United States Patent and Trademark Office received your Note of Replacement of U.S. Registration No. 2655786 by Registered Extension of Protection No. 3916258 on June 30, 2011.
However, the request to note the replacement must be denied for the following reason(s):
The identification of goods and/or services in your U.S. registration is not the same as the goods and/or services identified in your U.S. registered extension of protection. The following differences are noted: the goods identified in the U.S. registration are “hearing aids and components thereof” while the goods identified in the registered extension of protection are “hearing airs, and structural parts and accessories, namely, wireless transmitters and receivers”. The goods in the U.S. registration are broader in scope and therefore not the same.
By law, a request to note the replacement of a registration with an extension of protection is permissible only if all the goods and/or services listed in the U.S. registration are also listed in the extension of protection. Trademark Act, Section 74, 15 U.S.C. §1141n; 37 C.F.R. §7.28(a)(2); TMEP §1904.12.
In view of the issues noted above, your request to note the replacement cannot be accepted. Please see TMEP §1904.12 for further information about noting replacement of a U.S. national registration.
CHRISTINE TAYLOR
CHRISTINE TAYLOR
MADRID PROCESSING UNIT
TRADEMARK SPECIALIST
571-272-9562
571-273-9562(FAX)