| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78392152 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
The Office Action cites a prior pending application as a potential conflict with the Applicant's mark. Applicant is seeking registration of the mark ANDOVER for "pens" and the cited application is ANDOVER for use with "clocks." The mark ANDOVER is registered for use with a wide variety of goods, including "kitchen cabintes and bathroom cabinets" (Reg. No. 2709264), "metal locks and door hardware" (Reg. No. 2805224), "vinyl siding" (Reg. No. 1491153), "woolen fabrics" (Reg. No. 0511789) and "building automation controls" (ANDOVER CONTROLS--Reg. No. 2868449). The differences between "pens" and "clocks" should be sufficient to avoid confusion, as pens and clocks are not at all the same types of goods. Pens are used for writing with ink, while clocks are mechanical or electrical instruments for indicating time. While both pens and clocks are sold in a variety of channels of trade, and may both be encountered in a general merchandise store, that does not lead to the conclusion that consumers would be likely to be confused as to the source of the products. There is no other relationship between clocks and pens that would lead a consumer to assume that they emanate from the same source. Many of the other marks registered for ANDOVER are all associated with building products, and would likely be found in a hardware store together (metal locks, vinyl siding, and kitchen cabinets), yet it strains belief that a consumer would be confused as to the source of the goods, particularly given the popularity of the mark ANDOVER on goods and services. For the above reasons, the Applicant requests that the application be allowed to proceed and that the existence of this prior pending application not be grounds for a suspension, or refusal under Section 2(d). |
|
| GOODS AND/OR SERVICES SECTION (no change) | |
| SIGNATURE SECTION | |
| SIGNATURE | /Jennifer C. Debrow/ |
| SIGNATORY NAME | Jennifer C. Debrow |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATORY DATE | 12/07/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Dec 07 17:35:14 EST 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXX9-200412 07173514383211-78392152-2 00d06895cfe91b28a1cd223f6 286de473b-N-N-20041207173 438724256 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78392152 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
The Office Action cites a prior pending application as a potential conflict with the Applicant's mark. Applicant is seeking registration of the mark ANDOVER for "pens" and the cited application is ANDOVER for use with "clocks." The mark ANDOVER is registered for use with a wide variety of goods, including "kitchen cabintes and bathroom cabinets" (Reg. No. 2709264), "metal locks and door hardware" (Reg. No. 2805224), "vinyl siding" (Reg. No. 1491153), "woolen fabrics" (Reg. No. 0511789) and "building automation controls" (ANDOVER CONTROLS--Reg. No. 2868449). The differences between "pens" and "clocks" should be sufficient to avoid confusion, as pens and clocks are not at all the same types of goods. Pens are used for writing with ink, while clocks are mechanical or electrical instruments for indicating time. While both pens and clocks are sold in a variety of channels of trade, and may both be encountered in a general merchandise store, that does not lead to the conclusion that consumers would be likely to be confused as to the source of the products. There is no other relationship between clocks and pens that would lead a consumer to assume that they emanate from the same source. Many of the other marks registered for ANDOVER are all associated with building products, and would likely be found in a hardware store together (metal locks, vinyl siding, and kitchen cabinets), yet it strains belief that a consumer would be confused as to the source of the goods, particularly given the popularity of the mark ANDOVER on goods and services. For the above reasons, the Applicant requests that the application be allowed to proceed and that the existence of this prior pending application not be grounds for a suspension, or refusal under Section 2(d). |
|
| Response Signature | |
| Signature: /Jennifer C. Debrow/ Date: 12/07/2004 | |
| Signatory's Name: Jennifer C. Debrow | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 78392152 | |
| Internet Transmission Date: Tue Dec 07 17:35:14 EST 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXX9-20041207173514383211- 78392152-200d06895cfe91b28a1cd223f6286de 473b-N-N-20041207173438724256 |