| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 77678262 |
| LAW OFFICE ASSIGNED | LAW OFFICE 115 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
The Examiner has refused registration of applicant's mark CAYENNE asserting a likelihood of confusion with the mark of U.S. Registration Nos. 3503213, 3099286 and 3392640 for the identical mark. No likelihood of confusion exists since the respective goods are sufficiently dissimilar to avoid any consumer confusion. Accordingly, applicant respectfully requests reconsideration of the Examining Attorney's refusal to register.
The goods associated with the cited registrations are "food warming units for professional, restaurant, commercial and institutional use", "overhead electric food warmers for commercial, institutional and restaurant use" and "food display and preparation lighting for use in professional, restaurant, institutional and food service settings", respectively. The goods associated with the cited registrations are available commercially only through extremely specialized retailers and are marketed to a specific audience, namely, restaurants and their management. In contrast, applicant's goods, namely "faucets", are found in the plumbing section of facilities that market residential plumbing products to homeowners. Consumers shopping for a faucet would not base their selection on a separate product found in a completely different venue. Their selection would be wholly based upon the styling and features of the faucet, not on any association with the characteristics of the goods cited by the Examiner.
In view of the foregoing, applicant respectfully submits that the application is in condition to be passed on for publication and such action is respectfully solicited.
|
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /mchiclana/ |
| SIGNATORY'S NAME | Maria Chiclana |
| SIGNATORY'S POSITION | Senior Vice President |
| DATE SIGNED | 11/24/2009 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Nov 24 11:32:54 EST 2009 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XXX-2 0091124113254730817-77678 262-4603edaf5ea6572e15e0e d65b46fe4eb-N/A-N/A-20091 124104839000766 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
The Examiner has refused registration of applicant's mark CAYENNE asserting a likelihood of confusion with the mark of U.S. Registration Nos. 3503213, 3099286 and 3392640 for the identical mark. No likelihood of confusion exists since the respective goods are sufficiently dissimilar to avoid any consumer confusion. Accordingly, applicant respectfully requests reconsideration of the Examining Attorney's refusal to register.
The goods associated with the cited registrations are "food warming units for professional, restaurant, commercial and institutional use", "overhead electric food warmers for commercial, institutional and restaurant use" and "food display and preparation lighting for use in professional, restaurant, institutional and food service settings", respectively. The goods associated with the cited registrations are available commercially only through extremely specialized retailers and are marketed to a specific audience, namely, restaurants and their management. In contrast, applicant's goods, namely "faucets", are found in the plumbing section of facilities that market residential plumbing products to homeowners. Consumers shopping for a faucet would not base their selection on a separate product found in a completely different venue. Their selection would be wholly based upon the styling and features of the faucet, not on any association with the characteristics of the goods cited by the Examiner.
In view of the foregoing, applicant respectfully submits that the application is in condition to be passed on for publication and such action is respectfully solicited.