| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 77011631 |
| LAW OFFICE ASSIGNED | LAW OFFICE 106 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Refusal Under Section 2(d) - Likelihood of Confusion Examining Attorney has refused registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), because Examining Attorney believes that the Applicant's mark, when used on or in connection with the identified goods, so resembles the mark in U.S. Registration No. 2883822 as to be likely to cause confusion, to cause mistake, or to deceive. Applicant has researched the goods designated under U.S. Registration No. 2883822 and believes that the Registrant is no longer using the mark for the registered goods. Registrant's specimens, submitted in June 2003, indicate advertisement of the goods at a website found at www.4endlessnow.com. Attempts to access the website www.4endlessnow.com resulted in a "server not found" message. As early as July 13, 2006, domain name registries indicated that 4endlessnow.com was available for registration. This domain continues to be available for registration as of the date of this response. Additionally, a search of the Internet found no evidence of Registrant's goods. Applicant believes that there will be no likelihood of confusion with the referenced trademark registration because the registered goods are no longer available or advertised. Applicant therefore respectfully requests that Examining Attorney reconsider the initial rejection and approve Applicant's mark for publication. |
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Robert C. Wegner/ |
| SIGNATORY'S NAME | Robert C. Wegner |
| SIGNATORY'S POSITION | President |
| DATE SIGNED | 08/23/2007 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Aug 23 18:37:40 EDT 2007 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XXX -20070823183740572768-770 11631-3802f8a292e50ae3917 17227f6fcc17e219-N/A-N/A- 20070823161935486302 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Refusal Under Section 2(d) - Likelihood of Confusion
Examining Attorney has refused registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), because Examining Attorney believes that the Applicant's mark, when used on or in connection with the identified goods, so resembles the mark in U.S. Registration No. 2883822 as to be likely to cause confusion, to cause mistake, or to deceive.
Applicant has researched the goods designated under U.S. Registration No. 2883822 and believes that the Registrant is no longer using the mark for the registered goods.
Registrant's specimens, submitted in June 2003, indicate advertisement of the goods at a website found at www.4endlessnow.com. Attempts to access the website www.4endlessnow.com resulted in a "server not found" message. As early as July 13, 2006, domain name registries indicated that 4endlessnow.com was available for registration. This domain continues to be available for registration as of the date of this response.
Additionally, a search of the Internet found no evidence of Registrant's goods.
Applicant believes that there will be no likelihood of confusion with the referenced trademark registration because the registered goods are no longer available or advertised. Applicant therefore respectfully requests that Examining Attorney reconsider the initial rejection and approve Applicant's mark for publication.