| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 76641330 |
| LAW OFFICE ASSIGNED | LAW OFFICE 115 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Registration has been refused under Section 2(d) of the Trademark Act based on citations to U.S. Registration No. 2657295 for the mark POWERFORCE for “vacuum cleaners” and U.S. Registration No. 2824344 for POWER FORCE for “batteries for vehicles, boat motors, and agricultural equipment.” According to the Examiner, the mark of the instant application is virtually identical to the mark of the cited registrations and there is an overlap of goods. The registrant in Registration No. 2657295 uses its mark on vacuum cleaners and the registrant in Registration No. 2824344 uses its mark on batteries for vehicles. The proposed mark includes a range of accessories, including battery chargers and vacuum cleaners. Reconsideration of these rejections is requested.
With respect to Registration No. 2824344, there is no overlap of goods with the goods of the instant application. The instant application does not identify “batteries for vehicles, boat motors, and agricultural equipment.”
With respect to Registration No. 2657295, the wording “portable vacuum cleaners” employed in the instant application is preceded by the wording “Accessories for the automotive, marine and RV after market, namely…” This item is not a typical vacuum cleaner sold through channels of trade typical for vacuum cleaners. The wording “Accessories for the automotive, marine and RV after market, namely…” limits the channels of trade and clearly distinguishes this item from the goods of the cited registration.
The Examiner will note that Application Serial No. 78605601 has been abandoned.
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| GOODS AND/OR SERVICES SECTION (007)(current) | |
| INTERNATIONAL CLASS | 007 |
| DESCRIPTION | |
| ACCESSORIES FOR THE AUTOMOTIVE, MARINE AND RV AFTER MARKET, NAMELY, PORTABLE AIR COMPRESSORS, PORTABLE VACUUM CLEANERS, AUTOMOBILE AIR CLEANERS AND IONIZERS FOR ENGINES; COOLING FANS FOR AUTOMOBILE ENGINES | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (007)(proposed) | |
| INTERNATIONAL CLASS | 007 |
| DESCRIPTION | |
| Accessories for the automotive, marine and RV after market, namely, portable air compressors, portable vacuum cleaners, automobile air cleaners and ionizers for engines | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (009)(current) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| ACCESSORIES FOR THE AUTOMOTIVE, MARINE AND RV AFTER MARKET, NAMELY, EMERGENCY WARNING LIGHTS, UNIVERSAL AC/DC ADAPTERS, VOLTAGE CONVERTER, VOLTAGE INVERTORS, VOLTAGE ADAPTERS, CAR TO CAR BATTERY CHARGERS, BATTERY CHARGERS FOR CELLULAR PHONES AND CAMERAS WITH CIGARETTE LIGHTER ADAPTERS, ELECTRIC AND BATTERY POWERED POWER STATIONS AND POWER PACKS, SOLAR POWER PACKS, AND PORTABLE BATTERY JUMP STARTERS; MOTION SENSITIVE SECURITY LIGHTS | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (009)(proposed) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| ACCESSORIES FOR THE AUTOMOTIVE, MARINE AND RV AFTER MARKET, NAMELY, EMERGENCY WARNING LIGHTS, UNIVERSAL AC/DC ADAPTERS, VOLTAGE CONVERTER, VOLTAGE INVERTORS, VOLTAGE ADAPTERS, CAR TO CAR BATTERY CHARGERS, BATTERY CHARGERS FOR CELLULAR PHONES AND CAMERAS WITH CIGARETTE LIGHTER ADAPTERS, ELECTRIC AND BATTERY POWERED POWER STATIONS AND POWER PACKS, SOLAR POWER PACKS, AND PORTABLE BATTERY JUMP STARTERS; MOTION SENSITIVE SECURITY LIGHTS | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (011)(current) | |
| INTERNATIONAL CLASS | 011 |
| DESCRIPTION | |
| ACCESSORIES FOR THE AUTOMOTIVE, MARINE AND RV AFTER MARKET, NAMELY, FLUORESCENT LIGHTED MAGNIFIERS; PORTABLE LIGHTS FOR AUTOMOBILE AND MARINE VEHICLES IN THE NATURE OF TORCH LIGHTS; LASER LIGHTS; PEN LIGHTS; DECORATIVE LAMPS; PORTABLE MAPLIGHTS; FLEXIBLE LIGHTS; MAGNETIC DASHBOARD LIGHTS; SPOTLIGHTS; FLASHLIGHTS; MULTIPURPOSE LANTERNS; WATERPROOF ELECTRIC HAND TORCH LIGHTS; WORKLIGHTS; CHEMICALLY ACTIVATED LIGHT STICKS; ELECTRIC BEVERAGE WARMERS; PORTABLE COFFEE MAKERS WITH CIGARETTE LIGHTER ADAPTER; REFRIGERATORS; THERMOELECTRIC 12 VOLT REFRIGERATORS; ELECTRIC SPACE HEATERS; 12 VOLT ELECTRIC SPACE HEATERS; AUTOMOBILE COOLING FANS BEING PART OF THE HVAC SYSTEM | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (011)(proposed) | |
| INTERNATIONAL CLASS | 011 |
| DESCRIPTION | |
| Accessories for the automotive, marine and RV after market, namely, electrical fluorescent lighting magnifying fixtures; portable lights for automobile and marine vehicles in the nature of torch lights; electric laser light fixtures; pen lights; decorative lamps; portable map lights; flexible electric light fixtures; magnetic automobile dashboard lights; spotlights; flashlights; multipurpose electric lanterns; waterproof electric hand torch lights; electric work light fixtures; chemically activated light sticks; electric beverage warmers; portable electric coffee makers with cigarette lighter adapter; refrigerators; thermoelectric 12 volt refrigerators; electric space heaters; 12 volt electric space heaters; automobile electric cooling fans being part of the HVAC system; automotive air ionizer for engines | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (012)(current) | |
| INTERNATIONAL CLASS | 012 |
| DESCRIPTION | |
| ACCESSORIES FOR THE AUTOMOTIVE, MARINE AND RV AFTER MARKET, NAMELY, AIR INFLATORS AND DEFLATORS FOR TIRES, AND ANTI-THEFT ALARM FOR VEHICLES WITH FLASHING LIGHTS | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (012)(proposed) | |
| INTERNATIONAL CLASS | 012 |
| DESCRIPTION | |
| Accessories for the automotive, marine and RV after market, namely, air inflators and deflators for tires, and anti-theft alarm for vehicles with flashing lights; cooling fans for automobile engines | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (021)(no change) | |
| ADDITIONAL STATEMENTS SECTION | |
| PRIOR REGISTRATION(S) | "Applicant claims ownership of U.S. Registration Number(s) 2276331, 2812014." |
| MISCELLANEOUS STATEMENT | The mark consists of standard characters without claim to any particular font, style, size, or color. |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. |
| RESPONSE SIGNATURE | /george lewis/ |
| SIGNATORY'S NAME | George W. Lewis |
| SIGNATORY'S POSITION | Attorney |
| DATE SIGNED | 07/24/2006 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Jul 24 17:36:56 EDT 2006 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.X-200 60724173656327738-7664133 0-340acc80d7f31f90136c672 c778e61ace-N/A-N/A-200607 24172850632357 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Registration has been refused under Section 2(d) of the Trademark Act based on citations to U.S. Registration No. 2657295 for the mark POWERFORCE for “vacuum cleaners” and U.S. Registration No. 2824344 for POWER FORCE for “batteries for vehicles, boat motors, and agricultural equipment.”
According to the Examiner, the mark of the instant application is virtually identical to the mark of the cited registrations and there is an overlap of goods. The registrant in Registration No. 2657295 uses its mark on vacuum cleaners and the registrant in Registration No. 2824344 uses its mark on batteries for vehicles. The proposed mark includes a range of accessories, including battery chargers and vacuum cleaners.
Reconsideration of these rejections is requested.
With respect to Registration No. 2824344, there is no overlap of goods with the goods of the instant application. The instant application does not identify “batteries for vehicles, boat motors, and agricultural equipment.”
With respect to Registration No. 2657295, the wording “portable vacuum cleaners” employed in the instant application is preceded by the wording “Accessories for the automotive, marine and RV after market, namely…” This item is not a typical vacuum cleaner sold through channels of trade typical for vacuum cleaners. The wording “Accessories for the automotive, marine and RV after market, namely…” limits the channels of trade and clearly distinguishes this item from the goods of the cited registration.
The Examiner will note that Application Serial No. 78605601 has been abandoned.