UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/597458
APPLICANT: Candid Color Systems, Inc.
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CORRESPONDENT ADDRESS: |
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: GAME DAY STUDIOS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/597458
NOTICE OF SUSPENSION
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 78/396661 and 78/397006
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.
Specifically, both of the previously filed marks in the above applications contain the identical dominant wording GAME DAY. The slight differences in the marks at issue, including the addition of descriptive wording, does not obviate the similarity with applicant’s mark. Moreover, the applicant’s identification contains goods that are identical to the goods in the prior-pending applications, namely, photographs.
Moreover, the examining attorney has considered the applicant’s arguments against the refusal to register under Section 2(d) as to Registration No. 2749575 but has found them unpersuasive. Despite applicant’s arguments to the contrary, the marks GAME DAY STUDIOS and GAME DAY are highly similar and do not present a different commercial impression. Moreover, as indicated previously, photography services and graphic art design services are related such that potential consumers are likely believe that the services, when provided under similar marks, come from the same source. The refusal under Section 2(d) is therefore continued.
Finally, the requirement of a disclaimer of the descriptive term STUDIOS is also continued. As indicated in the previously attached definition of “studio,” photographs are typically developed in studios and photographers typically provide their services in studios. As such, the term STUDIO merely describes a feature of applicant’s goods and services. If the applicant’s goods and services do not feature photographers’ studios, then the applicant the applicant must disclaim the deceptively misdescriptive term STUDIOS apart from the mark as shown because it deceptively misdescribes photographs and photography services. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).
/Michael Kazazian/
Trademark Examining Attorney
Law Office 113
(571) 272.9434