To: | Archer Manufacturing, Inc. (GCochran@cmkr.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85392119 - SPECIAL OPS - N/A |
Sent: | 11/21/2011 7:26:31 PM |
Sent As: | ECOM107@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85392119
MARK: SPECIAL OPS
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Archer Manufacturing, 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: 11/21/2011
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
Comparison of the Marks
Applicant’s mark is SPECIAL OPS.
The registered mark is OPS! FASHION O BOTICARIO with a design element.
The marks are highly similar since both contain the arbitrary lettering of “OPS.” As a result, consumers are likely to believe that the goods represent similar product lines from the same source.
In this case, given the large lettering of “OPS” in the registered mark, this portion of the mark will be viewed as the primary indicator of source.
Comparison of the Goods
The goods of the parties are identical.
Applicant has identified “fragrances, perfumes and colognes.” Registrant also provides types of fragrances, namely, “perfumery,” and “cologne water.”
Applicant has also identified “lotions for skin, hair, face and body; hair shampoos, conditioners and gels; shaving creams, lotions gels and soaps; after-shave creams, liquid, lotions, and gel; skin and anti-aging moisturizers; bar soap; bath soaps in liquid, solid or gel form; soaps for body care, namely anti-bacterial soap and deodorant soap; Cosmetics, namely lipsticks, mascara, nail polish, eye shadow, blush, foundation makeup and concealers for skin, face and body; anti-aging and anti-wrinkle creams; depilatory preparations; non-medicated acne treatment preparations.”
Registrant has identified similar products, such as: “toilet soaps,” and “deodorant soaps.” Applicant’s bar soaps, bath soaps, and body care soaps in the form of anti-bacterial soaps and deodorant soaps are likely to be sold in close proximity. In addition, both parties have identified hair shampoos and conditioners, types of makeup, as well as after-shave preparations.
In general, registrant’s identification of “beauty care cosmetics” and “non-medicated toiletries” may include applicant’s various lotions, moisturizers, anti-aging and anti-wrinkle creams, depilatory preparations, and acne treatment preparations. A determination of whether there is a likelihood of confusion is made solely on the basis of the goods and/or services identified in the application and registration, without limitations or restrictions that are not reflected therein. In re Dakin’s Miniatures, Inc., 59 USPQ2d 1593, 1595 (TTAB 1999); TMEP §1207.01(a)(iii). If the cited registration describes the goods and/or services broadly and there are no limitations as to their nature, type, channels of trade or classes of purchasers, then it is presumed that the registration encompasses all goods and/or services of the type described, that they move in all normal channels of trade, and that they are available to all potential customers. In re Linkvest S.A., 24 USPQ2d 1716, 1716 (TTAB 1992); In re Elbaum, 211 USPQ 639, 640 (TTAB 1981); TMEP §1207.01(a)(iii).
PENDING APPLICATIONS
If applicant believes that there is no potential conflict between this application and the earlier-filed applications, then applicant may present arguments relevant to the issue in a response to this Office action. The election not to submit arguments at this time in no way limits applicant’s right to address this issue at a later point.
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michelle E. Dubois/
Michelle E. Dubois
Trademark Attorney
U.S. Patent & Trademark Office
Law Office 107
(571) 272-5887
michelle.dubois@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. 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 trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
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.