UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/464111
APPLICANT: Bridger Commercial Funding LLC
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CORRESPONDENT ADDRESS: PATRICK C. WOOLLEY, ESQ. POLSINELLI, SHALTON, WELTE 700 W 47TH ST STE 1000 KANSAS CITY MO 64112-1805
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: EXCELERATOR
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CORRESPONDENT’S REFERENCE/DOCKET NO: 61199
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/464111
The assigned examining attorney has reviewed the referenced application and determined the following.
REFUSAL BECAUSE A SEARCH OF THE OFFICE RECORDS REVEALED CONFUSINGLY SIMILAR REGISTERED MARKS
The examining attorney refuses registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), because the applicant's mark, when used on or in connection with the identified goods, so resembles the mark in U.S. Registration Nos. 2,543,897; 2,501,435; and 2,495,517 as to be likely to cause confusion, to cause mistake, or to deceive. TMEP section 1207. See the enclosed registration.
The Court in In re E. I. DuPont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (CCPA 1973), listed the principal factors to be considered in determining whether there is a likelihood of confusion under Section 2(d). Any one of the factors listed may be dominant in any given case, depending upon the evidence of record. In this case, the following factors are the most relevant: similarity of the marks, similarity of the goods, and similarity of trade channels of the goods.
Applicant’s mark, EXCELERATOR, is confusingly similar to registrant’s marks, SALES EXCELERATOR, MEDIA SALES EXCELERATOR and MEDIA SALES EXCELERATOR. They share the salient feature EXCELERATOR. Applicant’ s goods, computer software for enabling the transfer of data over networks, including the Internet, between computer databases and computer programs, are closely related to registrant’s goods, computer software to facilitate the exchange of data.
/Robert Clark/
Trademark Attorney
Law Office 108
703-308-9108 est. 162
Fax: 703-703-746-8108
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.