UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/465991
APPLICANT: Rehco, LLC
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CORRESPONDENT ADDRESS: Richard J. Superfine Much Shelist Freed Denenberg Ament & Rub Suite 1800 191 N. Wacker Drive Chicago IL 60606-1615 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom115@uspto.gov
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MARK: POWERPIC
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CORRESPONDENT’S REFERENCE/DOCKET NO: 4004013.0060
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 76/465991
Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), the examining attorney encloses information regarding pending Application Serial No. 76/374369. 37 C.F.R. Section 2.83.
There may be a likelihood of confusion between the applicant's mark and the mark in the above noted application under Section 2(d) of the Act. The filing date of the referenced application precedes the applicant's filing date. If the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).
In this case, the proposed mark POWERPIC is highly similar with the pending mark POWER PICK. Additionally, the goods in the former pending application are virtually identical and would be encountered in the same channels of trade as the applicant’s goods. Based on the similarities in the marks and the goods, a likelihood of confusion would exist between these marks.
If the applicant believes that there is no potential conflict between this application and the earlier-filed application, the applicant may present arguments relevant to the issue. The election to file or not to file such a request at this time in no way limits the applicant's right to address this issue at a later point.
The applicant must also respond to the following informality.
IDENTIFICATION OF GOODS
The identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate:
International Class 10: Dental hygiene products, namely, an oral irrigator, toothbrush and tongue scraper sold as a unit. TMEP §1402.01.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
/Bridgett G. Smith/
Examining Attorney
Law Office 115
(703) 308-9115 x 217
(703) 872-9237 fax
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.