Response to Office Action

IN RE APPLICATION OF:     Mark Richards, Stephen Richards

SERIAL No.:  76/577810

MARK:  FULL METAL JACKET

FILING DATE:  February 23, 2004

LAW OFFICE:  111

EXAMINING ATTORNEY:  Tracy Whitaker-Brown, Esq.

Commissioner for Trademarks

P.O. Box 1451

Alexandria, Virginia 22313-1451

Amendment and Response to Office Action No. 2

The following is offered in response to Office Action No. 2, sent via electronic mail on March 29, 2005, in connection with the above-referenced application. 

Response

1.  National Citizenship

      Per the Examining Attorney's request, the Applicants state for the record that Stephen Richards and Mark Richards, joint owners of the mark (herein, "Applicant") are natural citizens of the United States of America.

2.  Likelihood of Confusion

The Examining Attorney notes that consumers will believe that the goods and service of the Applicant and Registrant emanate from a single source as related to eyewear, namely "goggles".  Applicant asserts that the mark appears abandoned by Registrant, therefore, there would be no confusion in the marketplace.  Applicant sought protection for the retail sale of night vision goggles, while Registrant's mark included goggles.  To eliminate any question as to the types of goods provided by either party, Applicant shall amend it goods and services. 

Amendments

1.  Identification of Goods and Services

      The amendment to the Applicant's goods and serves will clarify and limit the goods and services protected as wholly different from that of Registrant. Applicant requests that the words "night vision goggles" be stuck.  Applicant is not adding to or expanding the Identification of Goods and Services.  The Applicant seeks to amend and clarify the description of goods and services as follows:

"Retail store services, wholesale distributorship services, mail order services, and online retail store services, all featuring a wide variety of consumer goods of others featuring new and surplus military-issue and military style goods, namely parkas, jackets, uniforms, hats, gloves, footwear, sweaters, raingear, belts backpacks, pouches, helmets, vests, undergarments, sleeping bags, body armor, gas masks, watches, bayonets, swords, medals, insignia, printed matter, war collectibles, and memorabilia from other countries sold to the general public, government entities, collectors, museums, and others."

Conclusion

      Applicant incorporates its previous responses and maintains its position that there is no likelihood of confusion between the registered mark identified by the Examining Attorney in Class 9 and the Applicant's mark as used in connection with the goods and services recited in the above-amended description of goods and services in Class 35.  Applicant's customers and channels of trade for retail services and other identified goods made available for sale are not common to that of the Registrant.  Further, the goods identified as similar (goggles and night vision goggles) are, in fact, not similar and therefore should not prevent Applicant's Mark from being approved for publication.  Notwithstanding, Applicant has amended its descriptions of goods and services to remove reference to "night vision goggles".  No similar registered or pending mark, which would bar registration of the present mark under Trademark Act §2(d), 15 U.S.C. §1052(d) has been found in International Class 35.  Based on the foregoing, Applicant submits that this application is in condition for allowance, and requests that it is promptly passed for publication on the Principal Register.

                              Respectfully submitted,

                              Mark Richards

                              Stephen Richards

                              By Counsel

                              Dana M. Fallon, Esq.

                              Attorney for Applicant

                              Ritzert & Leyton P.C.

                              11350 Random Hills Road,

                              Suite 400

                              Fairfax, Virginia 22030

                              703-934-2660 (tel)

                              703-934-9840 (fax)

                              dfallon@ritzert-leyton.com

Dated:  June 8, 2005