PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 77876346 |
LAW OFFICE ASSIGNED | LAW OFFICE 105 |
MARK SECTION (no change) | |
ARGUMENT(S) | |
The Examiner has rejected registration of the mark based on U.S. Reg. No. 2,924,264 for the mark COMPLETE COMFORT for mattresses and boxsprings. The Applicant respectfully disagrees with the examiner’s contentions as outlined hereinafter. Applicant respectfully submits that the goods are very different. Applicant’s goods relate to a medical apparatus which is in the form of a therapeutic support surface. These products include an air pressure system which constantly changes the pressure upon the patient for therapeutic purposes. This type of therapeutic system is used in medical facilities such as hospitals. The registrant’s goods is a common mattress and box spring used for sleeping. Hospital therapeutic systems and common mattresses and boxsprings are very different goods. The Applicant’s goods are used by patients through personnel in hospitals and bought by hospital administrators. The consumers of these very expensive goods are hospital administrators and the like. The consumers of the cited COMPLETE COMFORT registration for mattresses and boxsprings are the common lay person simply desiring to purchase a common bedding item. Obviously, these are two very distinct and vastly different consumers. Obviously, a medical professional is a highly educated consumer who is very careful in making purchases relating the medical care. Conversely, the registrant’s consumers are likely to be people who are purchasing goods according to their preference on mattresses and boxsprings (soft, hard, etc.). Obviously, a hospital personnel in charge of purchasing expensive medical devices and the like is unlikely to mistakenly purchase or confuse the ownership of a common mattress and boxspring. Likewise, a person intending to purchase a common mattress and boxspring is unlikely to mistakenly purchase or be confused with a company that sells therapeutic devices, or believe the two are somehow related. Applicant also respectfully points out that the channels of trade are quite different. The Applicant’s goods are sold to medical facilities, which are very specific and highly regulated. The registrant’s goods are typically sold in retail stores. Obviously, these channels of trade are very different from each other and are extremely unlikely to overlap each other. Applicant submits that as the goods, channels of trade, and consumers are extremely different, a likelihood of confusion does not exist between the Applicant’s mark and those of the cited registrations. The examiner has also rejected the specimen because it is contended that the specimen appears as ACCUMAXCOMPLETE. Applicant respectfully submits that the specimen shows the words ACCUMAX and COMPLETE. Applicant also submits that the word ACCUMAX is a house mark for the Applicant which is intended to designate a line of products while the COMPLETE mark is intended to designate one item within that line of ACCUMAX products, much in the same manner as an automobile may be designed a FORD EXPLORER. It should be noted that the word ACCUMAX appears in a font and boldness which is different from the font of the word COMPLETE. This further illustrates that each of the two words has its own significance. Applicant also hereby submits a copy of Applicant's brochure which shows on the front page an ACCUMAX Quantum system, wherein Quantum is again one item within the ACCUMAX line. As Applicant believes the previously submitted specimen accurately shows the mark, Applicant believes a substitute specimen is not required. By this amendment it is believed that the application has been placed in condition for passage to publication. An early notice to such effect is solicited. |
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EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_7089250169-140550915_._Evidence.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT11\IMAGEOUT11\778\763\77876346\xml1\ROA0002.JPG |
DESCRIPTION OF EVIDENCE FILE | copy of brochure |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 010 |
DESCRIPTION | Support mattresses for medical use |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 03/00/2007 |
FIRST USE IN COMMERCE DATE | At least as early as 03/00/2007 |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 010 |
TRACKED TEXT DESCRIPTION | |
FINAL DESCRIPTION | medical apparatus, namely, a therapeutic support surface |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 03/00/2007 |
FIRST USE IN COMMERCE DATE | At least as early as 03/00/2007 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. |
RESPONSE SIGNATURE | /dorian b. kennedy/ |
SIGNATORY'S NAME | Dorian B. Kennedy |
SIGNATORY'S POSITION | Attorney of record, GA bar member |
DATE SIGNED | 08/09/2010 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Aug 09 14:28:42 EDT 2010 |
TEAS STAMP | USPTO/ROA-XX.XX.XXX.XXX-2 0100809142842647623-77876 346-4702bcb6d738925a1534c 32a84c2a632b9e-N/A-N/A-20 100809140550915663 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
The Examiner has rejected registration of the mark based on U.S. Reg. No. 2,924,264 for the mark COMPLETE COMFORT for mattresses and boxsprings.
The Applicant respectfully disagrees with the examiner’s contentions as outlined hereinafter.
Applicant respectfully submits that the goods are very different. Applicant’s goods relate to a medical apparatus which is in the form of a therapeutic support surface. These products include an air pressure system which constantly changes the pressure upon the patient for therapeutic purposes. This type of therapeutic system is used in medical facilities such as hospitals. The registrant’s goods is a common mattress and box spring used for sleeping. Hospital therapeutic systems and common mattresses and boxsprings are very different goods.
The Applicant’s goods are used by patients through personnel in hospitals and bought by hospital administrators. The consumers of these very expensive goods are hospital administrators and the like. The consumers of the cited COMPLETE COMFORT registration for mattresses and boxsprings are the common lay person simply desiring to purchase a common bedding item. Obviously, these are two very distinct and vastly different consumers. Obviously, a medical professional is a highly educated consumer who is very careful in making purchases relating the medical care. Conversely, the registrant’s consumers are likely to be people who are purchasing goods according to their preference on mattresses and boxsprings (soft, hard, etc.). Obviously, a hospital personnel in charge of purchasing expensive medical devices and the like is unlikely to mistakenly purchase or confuse the ownership of a common mattress and boxspring. Likewise, a person intending to purchase a common mattress and boxspring is unlikely to mistakenly purchase or be confused with a company that sells therapeutic devices, or believe the two are somehow related.
Applicant also respectfully points out that the channels of trade are quite different. The Applicant’s goods are sold to medical facilities, which are very specific and highly regulated. The registrant’s goods are typically sold in retail stores. Obviously, these channels of trade are very different from each other and are extremely unlikely to overlap each other.
Applicant submits that as the goods, channels of trade, and consumers are extremely different, a likelihood of confusion does not exist between the Applicant’s mark and those of the cited registrations.
The examiner has also rejected the specimen because it is contended that the specimen appears as ACCUMAXCOMPLETE. Applicant respectfully submits that the specimen shows the words ACCUMAX and COMPLETE. Applicant also submits that the word ACCUMAX is a house mark for the Applicant which is intended to designate a line of products while the COMPLETE mark is intended to designate one item within that line of ACCUMAX products, much in the same manner as an automobile may be designed a FORD EXPLORER. It should be noted that the word ACCUMAX appears in a font and boldness which is different from the font of the word COMPLETE. This further illustrates that each of the two words has its own significance. Applicant also hereby submits a copy of Applicant's brochure which shows on the front page an ACCUMAX Quantum system, wherein Quantum is again one item within the ACCUMAX line.
As Applicant believes the previously submitted specimen accurately shows the mark, Applicant believes a substitute specimen is not required.
By this amendment it is believed that the application has been placed in condition for passage to publication. An early notice to such effect is solicited.