| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 78535995 |
| LAW OFFICE ASSIGNED | LAW OFFICE 112 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Dear Sirs: This is responsive to Office Action No. 1, issued on August 7, 2006. The Examiner has refused the subject application for the mark CALIBER in connection with motor vehicles, namely, passenger cars, pickup trucks and sport utility vehicles on the basis that it is confusingly similar to Registrant's registration for CALIBER for snowplows, snowmobiles, all-terrain vehicles; articulated tracked vehicles, namely, tracked all-terrain vehicles; tractors; skidder-forwarded tracked vehicles, namely, tracked rescue vehicles, in Class 12. While Applicant could prepare and submit a lengthy response articulating why evidence submitted by the Examiner should be disregarded, the fact is that the Applicant and Registrant, those parties most familiar with the goods and the industry in which they are sold, have agreed that no confusion exists between these marks. Applicant submits the parties' Trademark Agreement herewith as evidence that there is no likelihood of confusion between the marks. In light of this powerful evidence, Applicant requests that the Section 2(d) refusal be withdrawn and the application be allowed.
Respectfully submitted, DAIMLERCHRYSLER CORPORATION /Nicole M. Meyer/ |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) |
\\TICRS2\EXPORT12\785\359 \78535995\xml1\ROA0002.JP G |
| \\TICRS2\EXPORT12\785\359 \78535995\xml1\ROA0003.JP G | |
| \\TICRS2\EXPORT12\785\359 \78535995\xml1\ROA0004.JP G | |
| \\TICRS2\EXPORT12\785\359 \78535995\xml1\ROA0005.JP G | |
| \\TICRS2\EXPORT12\785\359 \78535995\xml1\ROA0006.JP G | |
| DESCRIPTION OF EVIDENCE FILE | Trademark Agreement entered into between Applicant and the cited Registrant. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Nicole M. Meyer/ |
| SIGNATORY'S NAME | Nicole M. Meyer |
| SIGNATORY'S POSITION | Attorney of record |
| DATE SIGNED | 02/07/2007 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Feb 07 11:06:11 EST 2007 |
| TEAS STAMP | USPTO/ROA-XX.XX.XXX.XX-20 070207110611316083-785359 95-3608d3df33b7c340e96719 f6cb47f482d6-N/A-N/A-2007 0207102458266604 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Dear Sirs:
This is responsive to Office Action No. 1, issued on August 7, 2006. The Examiner has refused the subject application for the mark CALIBER in connection with motor vehicles, namely, passenger cars, pickup trucks and sport utility vehicles on the basis that it is confusingly similar to Registrant's registration for CALIBER for snowplows, snowmobiles, all-terrain vehicles; articulated tracked vehicles, namely, tracked all-terrain vehicles; tractors; skidder-forwarded tracked vehicles, namely, tracked rescue vehicles, in Class 12. While Applicant could prepare and submit a lengthy response articulating why evidence submitted by the Examiner should be disregarded, the fact is that the Applicant and Registrant, those parties most familiar with the goods and the industry in which they are sold, have agreed that no confusion exists between these marks. Applicant submits the parties' Trademark Agreement herewith as evidence that there is no likelihood of confusion between the marks. In light of this powerful evidence, Applicant requests that the Section 2(d) refusal be withdrawn and the application be allowed.
Respectfully submitted,
DAIMLERCHRYSLER CORPORATION
/Nicole M. Meyer/
