UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/496779
MARK: AQUA TECH
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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: FREE COUNTRY, LTD
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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.
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION – PARTIAL REFUSAL
--General Principals in Determining Likelihood of Confusion
--Similarities Between the Goods
In a likelihood of confusion determination, the marks are compared for similarities in their appearance, sound, meaning or connotation and commercial impression. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b). Similarity in any one of these elements may be sufficient to find a likelihood of confusion. In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); In re Lamson Oil Co., 6 USPQ2d 1041, 1043 (TTAB 1987); see TMEP §1207.01(b).
The applicant applied to register the mark AQUA TECH. The registered mark is AQUA TECS, with design.
In this case, the applicant’s mark is similar to the word portion of the registrant’s mark, and the marks are nearly phonetically identical.
--Similarities Between the Goods
In this case, the applicant’s goods identified as “shoes, athletic shoes, sneakers,” are the same as, or substantially similar to, the registrant’s goods identified as “Footwear, namely, dress shoes, tennis shoes, slippers, sandals, heavy-duty construction shoes, ladies' shoes, men's shoes, cross-training sneakers, and boots.”
--Conclusion
Where the marks are nearly phonetically identical and create the same overall commercial impression, and the goods are the same or very similar, confusion as to the source of the goods is likely. Accordingly, the mark is refused registration under Section 2(d) of the Trademark Act.
POTENTIAL CITATION OF PRIOR-FILED APPLICATION
If applicant believes there is no potential conflict between this application and the earlier-filed application, then applicant may present arguments relevant to the issue in a response to this Office action. The election not to submit arguments at this time in no way limits applicant’s right to address this issue at a later point.
ADDITIONAL ISSUES
Applicant must respond to the requirement(s) set forth below.
IDENTIFICATION OF GOODS
The wording “Casual clothing, namely, children's and adult's sportswear and apparel and casual outerwear, namely,” in the identification of goods is indefinite because the use of the term “namely” twice is confusing. See TMEP §1402.01. Applicant may adopt the following identification, if accurate:
International Class 25
Children's and adult's casual sportswear, apparel and outerwear, namely, jackets, coats, hats, shirts, pants, shorts, tops, socks, shoes, athletic shoes, sneakers, dresses, sweatshirts, sweatpants, sport jackets, skirts, and swimwear.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
/John Dwyer/
Examining Attorney
Law Office 116
Telephone 571-272-9155
Facsimile 571-273-9116
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.