| PTO Form 1957 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 78580849 |
| LAW OFFICE ASSIGNED | LAW OFFICE 105 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Registration of the mark was refused because the Examining Attorney believes there is a likelihood of confusion with the mark in U.S. Registration Nos. 2268435 and 2247413 under 15 U.S.C. §1052(d). Applicant respectfully disagrees and submits the following arguments in favor of registration. First, the current mark is a logo/design mark that is very different from the stylized word mark “itech” shown in the ‘435 and ‘413 registrations. The differences include the use of brackets around the letters “i-tec” and “electronics”; the different spellings of “i-tec” and “itech”; and the stacked arrangement of the words “i-tec” and “electronics” in Applicant’s mark. Second, Applicant's description of goods is limited to accessories for MP3 players; portable audio devices as well as power inverters and converters. The prior ‘435 and ‘413 registrations, on the other hand, relate solely to batteries, battery chargers, and battery analyzers. In hopes of removing any possibility of confusion between Applicant’s mark and ‘435 and ‘413 registrations, Applicant has submitted an amendment to the description of goods to remove any reference to batteries. The ‘435 and ‘413 registrations recite “Battery Chargers; Battery Analyzers; Batteries” only. The current recitation of goods for the pending trademark makes no references to batteries, and there is no likelihood of confusion between the limited goods listed in the ‘435 and ‘413 registrations and the pending mark. Applicant has also adopted the recitation of goods suggested by the Examining Attorney. For these reasons, it is respectfully submitted that there is no likelihood of confusion between Applicant’s logo/mark and the prior ‘435 and ‘413 registrations cited by the Examining Attorney. Applicant submits that as a result of this Amendment and Remarks, this application is now in condition for publication.
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| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| Accessories for MP3 players/portable audio devices and the like including earphones, speakers, covers, cases, sport bands, electrical cables including power cords and communication cables, docking stations, clips, battery packs, rechargeable battery packs, chargers, straps, docking stations, audio splitters, fm transmitters, amplifiers/sound systems; Power inverters/converters including 12 volt DC converters; Audio and Video selector switches | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| Accessories for MP3 players and other portable audio devices; namely, earphones, audio speakers, covers, cases, sport bands, clips and straps, electrical cables; namely, power cables and communication cables, docking stations, docking stations, audio splitters, FM transmitters, and amplifiers; power inverters and converters; namely, 12 volt DC converters; audio and video selector switches | |
| FILING BASIS | Section 1(b) |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | "No claim is made to the exclusive right to use ELECTRONICS apart from the mark as shown." |
| 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 | /Matthew Stavish/ |
| SIGNATORY NAME | Matthew Stavish |
| SIGNATORY POSITION | Attorney |
| SIGNATURE DATE | 03/29/2006 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Mar 29 15:59:19 EST 2006 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 060329155919035005-785808 49-320b9cca0d5d5342bddfeb 3966812aee8-N/A-N/A-20060 329154541814245 |
| PTO Form 1957 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Registration of the mark was refused because the Examining Attorney believes there is a likelihood of confusion with the mark in U.S. Registration Nos. 2268435 and 2247413 under 15 U.S.C. §1052(d). Applicant respectfully disagrees and submits the following arguments in favor of registration.
First, the current mark is a logo/design mark that is very different from the stylized word mark “itech” shown in the ‘435 and ‘413 registrations. The differences include the use of brackets around the letters “i-tec” and “electronics”; the different spellings of “i-tec” and “itech”; and the stacked arrangement of the words “i-tec” and “electronics” in Applicant’s mark.
Second, Applicant's description of goods is limited to accessories for MP3 players; portable audio devices as well as power inverters and converters. The prior ‘435 and ‘413 registrations, on the other hand, relate solely to batteries, battery chargers, and battery analyzers.
In hopes of removing any possibility of confusion between Applicant’s mark and ‘435 and ‘413 registrations, Applicant has submitted an amendment to the description of goods to remove any reference to batteries. The ‘435 and ‘413 registrations recite “Battery Chargers; Battery Analyzers; Batteries” only. The current recitation of goods for the pending trademark makes no references to batteries, and there is no likelihood of confusion between the limited goods listed in the ‘435 and ‘413 registrations and the pending mark.
Applicant has also adopted the recitation of goods suggested by the Examining Attorney.
For these reasons, it is respectfully submitted that there is no likelihood of confusion between Applicant’s logo/mark and the prior ‘435 and ‘413 registrations cited by the Examining Attorney. Applicant submits that as a result of this Amendment and Remarks, this application is now in condition for publication.