UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/371744
MARK: CODEX
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Codexis, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
Determination of Likelihood Of Confusion-Two Part Analysis
Comparing the Marks
The applicant’s CODEX and the registrant’s mark is CODEX. The marks of the parties are similar in sound, appearance and meaning, because they are identical. Therefore, the similarities in the elements that exist are sufficient to find a likelihood of confusion.
Goods/Services Need Not be Identical or Competing
The applicant’s goods are “biochemical catalysts for research and commercial applications pertaining to chemistry, pharmaceuticals, and medicine; chemicals and biochemicals for in vitro scientific and research use; enzymes used to produce chemicals for research and commercial applications pertaining to chemistry, pharmaceuticals, and medicine” and the registrant’s goods are “Chemicals used in industry, in particular in the building industry, in particular for applying floor, wall and ceiling coverings; unprocessed artificial resins, in particular for the construction industry; unprocessed plastics, in particular for the construction industry; adhesives used in industry, in particular in the construction industry, in particular adhesives with a dispersion, epoxy resin and polyurethane base; strippable adhesives and glue for applying floor and wall coverings; chemical binding agents for use in industrial adhesives; thinners, in particular for adhesives; chemical preservatives for use in the production of a wide variety of chemicals.” The goods of the parties are related, because “chemicals used in industry” and “chemical used in research” may be offered by the same entities. The examining attorney encloses several prior registrations in which “chemicals used in industry” and “chemicals used in research” may appear under the same mark. The conditions surrounding the marketing of the goods may be such that they could be encountered by the same purchasers under circumstances that could give rise to the mistaken belief that the goods come from a common source.
Because of the similarities between the marks and the goods of the parties, a likelihood of confusion is created.
Response
/Charles L. Jenkins, Jr./
Trademark Examining Attorney
Law Office 105
571-272-9305
RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.