To: | DCI Cheese Company, Inc. (abourget@bourgetlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85230097 - COUNTY LINE - County Line |
Sent: | 3/15/2011 2:09:44 PM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85230097
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CORRESPONDENT ADDRESS: BOURGET LAW S.C. |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/teas/eTEASpageD.htm
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APPLICANT: DCI Cheese Company, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 3/15/2011
The assigned examining attorney has reviewed the referenced application and determined the following.
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
The applicant has applied to register COUNTY LINE for “cheese; cheese and meat; food packaged combinations consisting of cheese and meat.” The registered mark is THE COUNTY LINE for “barbeque meat products; namely, brisket, sausage, and ribs *not for sale in grocery stores, delis or food service distribution*.”
In this case, the following factors are the most relevant: similarity of the marks, similarity of the goods and/or services, and similarity of trade channels of the goods and/or services. See In re Opus One, Inc., 60 USPQ2d 1812 (TTAB 2001); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593 (TTAB 1999); In re Azteca Rest. Enters., Inc., 50 USPQ2d 1209 (TTAB 1999); TMEP §§1207.01 et seq.
Comparison of the Marks
In the present case, applicant’s mark is similar to the registered mark in sound, appearance and connotation. The literal portions are identical, other than omission of the article THE in applicant’s mark. Overall, the marks have the same commercial impression.
Comparison of the Goods/Services
The goods are overlapping, since applicant’s “meat” is broad enough to include registrant’s “barbeque meat products; namely, brisket, sausage, and ribs.” Accordingly, the goods/services would be sold to the same class of purchasers and encountered under circumstances leading one to mistakenly believe the goods/services originate from the same source.
CLAIM OF OWNERSHIP OF PRIOR REGISTRATION
If applicant is the owner of U.S. Registration No. 0339940 (attached), then applicant must submit a claim of ownership. See 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:
Applicant is the owner of U.S. Registration No. 0339940.
/James T. Griffin/
Examining Attorney, Law Office 103
(571) 272-9169
Informal communications only:
jim.griffin@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/teas/eTEASpageD.htm. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.