To: | A&E Television Networks, LLC (trademarks@snrdenton.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85393584 - H2 - 21602608-270 |
Sent: | 5/19/2012 7:18:47 AM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85393584
MARK: H2
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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: A&E Television Networks, LLC
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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: 5/19/2012
On October 7, 2011, action on this application was suspended pending the disposition of U.S. Application Serial No. 85354678. The referenced prior-pending application has since registered. Therefore, registration is refused as follows.
Section 2(d) Refusal- Likelihood of Confusion
The refusal outlined below is limited to the following services ONLY:
Internet broadcasting services; podcast and webcast transmission services; electronic transmission of data, images, signals, and audio via computer terminals and electronic devices
Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 4091060. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the enclosed registration.
Similarity of the Marks
The applicant’s mark is a stylized H2. The cited mark is H2TV.
The marks share the same dominant and primary term “H2”, which comprises the entire literal of the portion of the proposed mark. While the cited reference contains additional lettering, this additional lettering does not distinguish the marks in commerce or obviate confusion, as the lettering is equally descriptive of the services identified in the application. Specifically, applicant has identified use of its mark in connection with television broadcasting.
Therefore, the marks are highly similar and would lead to confusion when used on the same or similar services.
Comparison of the Services
The applicant seeks registration of its mark for use in connection with “internet broadcasting services,” “podcast and webcast transmission service,” and “electronic transmission of data, images, signals, and audio via computer terminals and electronic devices.”
The registrant’s identified services include those of an “application service provider (ASP) featuring software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information over the Internet or other communications network,” and “providing a web site that gives computer users the ability to upload and share user-generated videos, essays and articles on a wide variety of topics and subjects.”
Specifically, applicant has identified provision of the same services and functions as provided by the registrant’s software programs, namely transmission and/or sharing of information and data, including podcasts and webcasts, via computer terminals and electronic devices, such as the internet. As such, the services are closely related and likely to be marketed to the same consumer, namely persons seeking to transmit their content via a communications network, such as the internet.
In the present case, the marks share the same dominant terminology and are used in connection with highly similar services marketed to the same consumer through the same general trade channels in order for the user to accomplish the same result. Therefore, registration is refused under Section 2(d) of the Trademark Act.
Internet broadcasting services; podcast and webcast transmission services; electronic transmission of data, images, signals, and audio via computer terminals and electronic devices
The application will then proceed with the following services only:
Television broadcasting services; cable television broadcasting services; satellite transmission services
See 37 C.F.R. §2.65(a); TMEP §718.02(a).
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney.
/Nicholas A. Coleman/
Examining Attorney
Law Office 115
Phone: (571) 272-4917
Email: nicholas.coleman@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.