| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78383396 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
The Examining Attorney refused registration of DURADRIVE over Registration No. 2464643 to DURADRIVE and Registration No. 2412779 to DURA-DRIVE. Although the Examining Attorney did not so state, the registered marks, respectively are for damper and valve actuators for heating, ventilation and air conditioning; and electric motors for food waste disposal. By the current amendment to the identification of goods, DURADRIVE, now is limited to the so-called laundry white goods of washers and dryers. The Examining Attorney stated that the "goods of the parties need not be identical or directly competitive to find a likelihood of confusion." As the identification of goods is now limited, Applicant's identification of goods are not related in any manner or marketed in similar channels such that purchasers could be confused as to source of the disparate goods. As now presented, it is not seen how DURADRIVE, can cause confusion, mistakes or deceive consumers of the totally different goods. There now is no likelihood of confusion between the registrations and DURADRIVE. |
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| GOODS AND/OR SERVICES SECTION (1st class)(current) | |
| INTERNATIONAL CLASS | 007 |
| DESCRIPTION | |
| Household and kitchen machines and equipment (included in Class 7), in particular electric kitchen machines and equipment, including mincing machines, mixing and kneading machines, pressing machines, juice extractors, juice centrifuges, grinders, slicing machines, electric motor-driven tools, electric can openers, knife sharpeners as well as machines and devices for the preparation of beverages and/or food; electric waste disposal units including waste masticators and compressors; dishwashers; electric machines and appliances for treating laundry and clothing including washing machines, spin driers, laundry presses, ironing machines; electric cleaning equipment for household use including window cleaning devices and shoe cleaning devices, vacuum cleaners; parts for the afore-mentioned goods included in class 7; in particular hoses, pipes, dustfilters and dustfilter bags, all for vacuum-cleaners; | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (1st class)(proposed) | |
| INTERNATIONAL CLASS | 007 |
| DESCRIPTION | |
| Electric machines and appliances for treating laundry and clothing, namely, washing machines, and parts therefore. | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (2nd class)(current) | |
| INTERNATIONAL CLASS | 011 |
| DESCRIPTION | |
| heating, steam producing and cooking devices, in particular ovens, cooking, baking, frying, grilling, toasting, thawing, and hot-keeping apparatus, immersion heaters, cooking pots with integrated heating, microwave appliances, tea and coffee making apparatus, cooling devices, in particular refrigerators, freezers, cooling-freezing combination apparatus, deep freezing apparatus, ice-makers; ice-cream makers; driers such as laundry driers, tumble laundry driers; hand driers; hair driers; ventilation devices, in particular ventilators, grease filter devices and extractor devices including extractor hoods; air conditioning devices and devices to improve air quality, air humidifiers, water piping devices as well as sanitary equipment, in particular also fittings for steam, air and water piping equipment, warm water devices, storage water heaters and continuous flow water heaters; kitchen sinks; heat pumps; ice-cream making machines; parts of all afore-mentioned goods included in Class 11 | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (2nd class)(proposed) | |
| INTERNATIONAL CLASS | 011 |
| DESCRIPTION | |
| Clothes dryers, namely, spin clothes dryers, tumble laundry dryers and parts therefore. | |
| FILING BASIS | Section 1(b) |
| SIGNATURE SECTION | |
| SIGNATURE | /John T. Winburn/ |
| SIGNATORY NAME | John T. Winburn |
| SIGNATORY POSITION | Corporate IP Counsel |
| SIGNATORY DATE | 10/26/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Oct 26 13:55:21 EDT 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXX-200410 26135521206110-78383396-2 00ee986c42e0cb49dc7930205 35f4b169b-N-N-20041026135 238358609 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78383396 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
The Examining Attorney refused registration of DURADRIVE over Registration No. 2464643 to DURADRIVE and Registration No. 2412779 to DURA-DRIVE. Although the Examining Attorney did not so state, the registered marks, respectively are for damper and valve actuators for heating, ventilation and air conditioning; and electric motors for food waste disposal. By the current amendment to the identification of goods, DURADRIVE, now is limited to the so-called laundry white goods of washers and dryers. The Examining Attorney stated that the "goods of the parties need not be identical or directly competitive to find a likelihood of confusion." As the identification of goods is now limited, Applicant's identification of goods are not related in any manner or marketed in similar channels such that purchasers could be confused as to source of the disparate goods. As now presented, it is not seen how DURADRIVE, can cause confusion, mistakes or deceive consumers of the totally different goods. There now is no likelihood of confusion between the registrations and DURADRIVE. |
|
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 007 for Household and kitchen machines and equipment (included in Class 7), in particular electric kitchen machines and equipment, including mincing machines, mixing and kneading machines, pressing machines, juice extractors, juice centrifuges, grinders, slicing machines, electric motor-driven tools, electric can openers, knife sharpeners as well as machines and devices for the preparation of beverages and/or food; electric waste disposal units including waste masticators and compressors; dishwashers; electric machines and appliances for treating laundry and clothing including washing machines, spin driers, laundry presses, ironing machines; electric cleaning equipment for household use including window cleaning devices and shoe cleaning devices, vacuum cleaners; parts for the afore-mentioned goods included in class 7; in particular hoses, pipes, dustfilters and dustfilter bags, all for vacuum-cleaners; | |
| Original Filing Basis: 1(b). | |
| Proposed: Class 007 for Electric machines and appliances for treating laundry and clothing, namely, washing machines, and parts therefore. | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 011 for heating, steam producing and cooking devices, in particular ovens, cooking, baking, frying, grilling, toasting, thawing, and hot-keeping apparatus, immersion heaters, cooking pots with integrated heating, microwave appliances, tea and coffee making apparatus, cooling devices, in particular refrigerators, freezers, cooling-freezing combination apparatus, deep freezing apparatus, ice-makers; ice-cream makers; driers such as laundry driers, tumble laundry driers; hand driers; hair driers; ventilation devices, in particular ventilators, grease filter devices and extractor devices including extractor hoods; air conditioning devices and devices to improve air quality, air humidifiers, water piping devices as well as sanitary equipment, in particular also fittings for steam, air and water piping equipment, warm water devices, storage water heaters and continuous flow water heaters; kitchen sinks; heat pumps; ice-cream making machines; parts of all afore-mentioned goods included in Class 11 | |
| Original Filing Basis: 1(b). | |
| Proposed: Class 011 for Clothes dryers, namely, spin clothes dryers, tumble laundry dryers and parts therefore. | |
| Response Signature | |
| Signature: /John T. Winburn/ Date: 10/26/2004 | |
| Signatory's Name: John T. Winburn | |
| Signatory's Position: Corporate IP Counsel | |
| Serial Number: 78383396 | |
| Internet Transmission Date: Tue Oct 26 13:55:21 EDT 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXX-20041026135521206110- 78383396-200ee986c42e0cb49dc793020535f4b 169b-N-N-20041026135238358609 |