UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/534814
APPLICANT: Henkel KGaA
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: AIRLIFE
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 78/534814
The assigned examining attorney has reviewed the referenced application and determined the following.
Section 2(d) - Likelihood of Confusion Refusal for Class 5
The examining attorney refuses registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), because the applicant’s mark, when used on or in connection with the identified goods/services, so resembles the mark in U.S. Registration No. 1190418 as to be likely to cause confusion, to cause mistake, or to deceive. TMEP §§1207.01 et seq. See the enclosed registration.
Registration No. 1190418 is for the mark AIRLIFT for use on General Purpose Deodorant Concentrate. Applicant’s proposed mark is AIRLIFE also for use on deodorants. The marks and the goods are similar. This section 2(d) refusal is only for the Class 5 goods.
The test of likelihood of confusion is not whether the marks can be distinguished when subjected to a side‑by‑side comparison. The issue is whether the marks create the same overall impression. Visual Information Institute, Inc. v. Vicon Industries Inc., 209 USPQ 179 (TTAB 1980). The focus is on the recollection of the average purchaser who normally retains a general rather than specific impression of trademarks. Chemetron Corp. v. Morris Coupling & Clamp Co., 203 USPQ 537 (TTAB 1979); Sealed Air Corp. v. Scott Paper Co., 190 USPQ 106 (TTAB 1975); TMEP §1207.01(b).
Identification of Goods
The identification of goods is unacceptable as indefinite. All items in bold are indefinite and require clarification, deletion or reclassification. The applicant may adopt the following identification, if accurate: TMEP §1402.01.
Class 3: Soaps for personal use, perfumery, essential oils for personal use, scented oils used to produce aromas and fumigation preparations is unclear, does applicant mean insect repellant in Class 5?, cosmetic preparations for body and beauty care, deodorants for personal use
Class 4: Candles is acceptable as submitted.
Class 5: Deodorants, not for personal use, disinfectants for hygienic purposes or contact lenses, applicant must specify, insecticides, fumigating sticks is also unclear, insecticides in the form of fumigating sticks would be acceptable, air purifying preparations may be amended to air deodorizers in Class 5 or Air cleaning units in Class 11 or Air purifiers in Class 11, air freshening preparations may be changed to air fresheners which would be acceptable.
Class 9: Electric devices for attracting and killing insects is acceptable as submitted.
Class 11: Air deodorizing devices could be stated as Dispensing units for room http://atlas/netacgi/ - h16http://atlas/netacgi/ - h18deodorants, disinfectant apparatus would be acceptable as Dish http://atlas/netacgi/ - h10http://atlas/netacgi/ - h12disinfectant apparatus for industrial purposes, disinfectant dispensers for toilets.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
Certificate Required
Applicant must submit a copy of the foreign registration to satisfy the requirement of Trademark Act Section 44(d) and (e). 15 U.S.C. §1126(e). If the foreign certificate of registration is not written in English, then applicant must provide an English translation signed by the translator. See TMEP §§1004.01 and 1004.01(b).
The application does not presently contain a copy of the foreign registration. An application filed under Section 44(e) must include a true copy, photocopy, certification or certified copy of a foreign registration or a registered extension of protection of an international registration from the applicant’s country of origin. If applicant’s country of origin does not issue registrations or certificates of extension of protection, applicant may submit a copy of the international registration, showing that protection of the international registration has been extended to applicant’s country of origin. TMEP §§1004 et seq. and 1016.
Applicant’s country of origin must either be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. See TMEP §§1002.01 and 1004.
Entity
The applicant must specify the names and the national citizenship or the state or country of organization or incorporation of the general partners. 37 C.F.R. §2.32(a)(3)(iii); TMEP §§803.03(b) and 803.04. A partnership limited by shares is unclear and requires further explanation.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Jacqueline A. Lavine/
Law Office 101
(571) 272-9185
(571) 273-9101 FAX
jacky.lavine@uspto.gov (INFORMAL EMAIL)
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.