| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 85422647 |
| LAW OFFICE ASSIGNED | LAW OFFICE 111 |
| MARK SECTION | |
| MARK FILE NAME | http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85422647 |
| LITERAL ELEMENT | K1 |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| ARGUMENT(S) | |
|
Applicant has applied for registration of its K1 Logo Mark for two separate classes of goods and services, i.e. for “providing facilities for recreational activities, namely, go kart racing” in Class 41, and also for “clothing, namely, racing suits, gloves, shoes, shirts, socks, hats, jackets, undergarments, head socks, neck collars, and vests” in Class 25. Applicant’s K1 Logo Mark consists of the letter K adjacent to the number 1. The characters are in a sans-serif font, with a light colored interior and a dark outline, and with the K located slightly higher than and nestled against the 1. Applicant gratefully acknowledges the fact that the Examiner does not raise any objection to registration of the above mark for Applicant’s kart racing facilities. However, the Examiner is presently refusing registration for “clothing, namely, racing suits, gloves, shoes, shirts, socks, hats, jackets, undergarments, head socks, neck collars, and vests,” based on the contention that applicant’s K1 Logo Mark will create a likelihood of confusion with U.S. Registration No. 3995729 for a K-1 and Design mark used with “retail store services …for clothing” Applicant respectfully requests reconsideration in light of Applicant’s amendments to its description of goods and the following remarks. As amended, Applicant seeks to register its K1 Logo Mark for use with “clothing, namely, kart racing wear including racing suits, gloves, shoes, shirts, socks, hats, jackets, undergarments, head socks, neck collars, and vests.” Applicant respectfully notes that kart racing wear is generally sold online, or in space that is co-located with its kart racing facilities, and not in general apparel stores. As such, there is no overlap of marketing channels and, therefore, no likelihood of confusion. In addition, Applicant respectfully submits that there is no likelihood of confusion when one compares the marks in their entirety. In particular, the K-1 and Design mark shown above features a very prominent dash that separates the “K” character and the “1” numeral, a stylized font having prominent serifs for all three characters (the K, the dash, and the number 1), and a partially shaded square that visually appears like a flag containing two separate triangles. By contrast, Applicant seeks to register a K1 Logo Mark that is presented in a completely unique and highly-stylized logo format where the letter “K” and the number “1” are offset from one another, where the font used is a sans-serif (without serif) font, and where the two characters are heavily outlined. Based on the foregoing, Applicant respectfully submits that its K1 Logo Mark is ready for publication and for registration on the Principal Register, both for its kart racing facilities in Class 41 and for its kart racing wear in Class 25. |
|
| GOODS AND/OR SERVICES SECTION (025)(current) | |
| INTERNATIONAL CLASS | 025 |
| DESCRIPTION | |
| clothing, namely, racing suits, gloves, shoes, shirts, socks, hats, jackets, undergarments, head socks, neck collars, and vests | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 12/31/2004 |
| FIRST USE IN COMMERCE DATE | At least as early as 12/31/2004 |
| GOODS AND/OR SERVICES SECTION (025)(proposed) | |
| INTERNATIONAL CLASS | 025 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| clothing, namely, kart racing wear including racing suits, gloves, shoes, shirts, socks, hats, jackets, undergarments, head socks, neck collars, and vests | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 12/31/2004 |
| FIRST USE IN COMMERCE DATE | At least as early as 12/31/2004 |
| GOODS AND/OR SERVICES SECTION (041)(no change) | |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /JCA/ |
| SIGNATORY'S NAME | Joseph C. Andras |
| SIGNATORY'S POSITION | Attorney of Record, CA Bar Member |
| SIGNATORY'S PHONE NUMBER | 949-223-9600 |
| DATE SIGNED | 02/10/2012 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Feb 10 17:17:30 EST 2012 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XXX-2 0120210171730168721-85422 647-490d11c44a4b762944e9f 4e2e79cf4fd2ac-N/A-N/A-20 120210170257416242 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
Applicant has applied for registration of its K1 Logo Mark for two separate classes of goods and services, i.e. for “providing facilities for recreational activities, namely, go kart racing” in Class 41, and also for “clothing, namely, racing suits, gloves, shoes, shirts, socks, hats, jackets, undergarments, head socks, neck collars, and vests” in Class 25.
Applicant’s K1 Logo Mark consists of the letter K adjacent to the number 1. The characters are in a sans-serif font, with a light colored interior and a dark outline, and with the K located slightly higher than and nestled against the 1.
Applicant gratefully acknowledges the fact that the Examiner does not raise any objection to registration of the above mark for Applicant’s kart racing facilities. However, the Examiner is presently refusing registration for “clothing, namely, racing suits, gloves, shoes, shirts, socks, hats, jackets, undergarments, head socks, neck collars, and vests,” based on the contention that applicant’s K1 Logo Mark will create a likelihood of confusion with U.S. Registration No. 3995729 for a K-1 and Design mark used with “retail store services …for clothing”
Applicant respectfully requests reconsideration in light of Applicant’s amendments to its description of goods and the following remarks.
As amended, Applicant seeks to register its K1 Logo Mark for use with “clothing, namely, kart racing wear including racing suits, gloves, shoes, shirts, socks, hats, jackets, undergarments, head socks, neck collars, and vests.” Applicant respectfully notes that kart racing wear is generally sold online, or in space that is co-located with its kart racing facilities, and not in general apparel stores. As such, there is no overlap of marketing channels and, therefore, no likelihood of confusion.
In addition, Applicant respectfully submits that there is no likelihood of confusion when one compares the marks in their entirety. In particular, the K-1 and Design mark shown above features a very prominent dash that separates the “K” character and the “1” numeral, a stylized font having prominent serifs for all three characters (the K, the dash, and the number 1), and a partially shaded square that visually appears like a flag containing two separate triangles.
By contrast, Applicant seeks to register a K1 Logo Mark that is presented in a completely unique and highly-stylized logo format where the letter “K” and the number “1” are offset from one another, where the font used is a sans-serif (without serif) font, and where the two characters are heavily outlined.
Based on the foregoing, Applicant respectfully submits that its K1 Logo Mark is ready for publication and for registration on the Principal Register, both for its kart racing facilities in Class 41 and for its kart racing wear in Class 25.