| 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 issued an Office Action refusing registration of applicant’s mark CAYENNE asserting a likelihood of confusion with the mark of U.S. Registration Nos. 3833099, 3503213, 3099286 and 3392640 for the identical mark.
Applicant respectfully requests reconsideration of the Examining Attorney’s refusal to register based upon the fact that the goods associated with the cited registrations, namely “electric cookware, namely, deep fryers, griddles broilers, and hot dog rollers”, "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" are available commercially only through extremely specialized stores and are marketed to a specific audience, namely, restaurants. Applicant’s goods, namely “faucets” are found in the plumbing section of stores that market residential plumbing products to homeowners. The fact that the audience for applicant’s goods are so clearly different than the audience for the cited goods combined with the difference in channels of trade and the differences between the goods themselves combine to create a scenario wherein a likelihood of confusion does not exist.
In view of the foregoing, applicant again 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 | 07/26/2011 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Jul 26 16:03:46 EDT 2011 |
| TEAS STAMP | USPTO/ROA-XX.XX.XX.XX-201 10726160346324673-7767826 2-480a7c2262178527e19a553 c245ab8ba30-N/A-N/A-20110 726155942561901 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
The Examiner has issued an Office Action refusing registration of applicant’s mark CAYENNE asserting a likelihood of confusion with the mark of U.S. Registration Nos. 3833099, 3503213, 3099286 and 3392640 for the identical mark.
Applicant respectfully requests reconsideration of the Examining Attorney’s refusal to register based upon the fact that the goods associated with the cited registrations, namely “electric cookware, namely, deep fryers, griddles broilers, and hot dog rollers”, "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" are available commercially only through extremely specialized stores and are marketed to a specific audience, namely, restaurants. Applicant’s goods, namely “faucets” are found in the plumbing section of stores that market residential plumbing products to homeowners. The fact that the audience for applicant’s goods are so clearly different than the audience for the cited goods combined with the difference in channels of trade and the differences between the goods themselves combine to create a scenario wherein a likelihood of confusion does not exist.
In view of the foregoing, applicant again respectfully submits that the application is in condition to be passed on for publication and such action is respectfully solicited.