UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/539290
APPLICANT: METRA ELECTRONICS CORPORATION
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CORRESPONDENT ADDRESS: FITZPATRICK, CELLA, HARPER & SCINTO |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: AXXESS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1056.T60
CORRESPONDENT EMAIL ADDRESS: |
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 76/539290
NOTICE OF SUSPENSION
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 78013809
Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application. See 37 C.F.R. §2.83. A copy of information relevant to this pending application(s) was sent previously. The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension. The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later.
The following refusal is continued:
In this case, the marks are very similar in sound, appearance and commercial impression. The marks are essentially phonetic equivalents and are thus similar sounding. Similarity in sound alone may be sufficient to support a finding of likelihood of confusion. RE/MAX of America, Inc. v. Realty Mart, Inc., 207 USPQ 960, 964 (TTAB 1980); Molenaar, Inc. v. Happy Toys Inc., 188 USPQ 469 (TTAB 1975); In re Cresco Mfg. Co., 138 USPQ 401 (TTAB 1963); TMEP §1207.01(b)(iv).
The registrant’s goods must be read to include programmable central controllers and interface cards sold separately for use with audio equipment. Therefore, the applicant’s autosound electronic components, namely, digital interface modules for integrating aftermarket compact disc players with automobile factory sound systems, sold to autosound installers are clearly sufficiently related to support a finding of likelihood of confusion. In other words, the applicant’s goods are interface modules for CD players and the registrant’s goods include interface cards for remote control systems for use with audio equipment, which may include CD players.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
Scott Baldwin /sb/
571-272-9398