Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85453219 THUNDER(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85453219) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Your honor,

Regarding a potential confusion with the trademark in U.S. Registration No. 3304417 "ithunder":

1. It is not similar or identical to our mark "Thunder" in any way, shape, or form. Please see attached specimen for references. One begins with the word "i" in a lowercase letter, while another one begins with the word "T" in an uppercase letter, thus it is impossible to lead to potential confusion for anyone.

2. The owner of the trademark "ithunder" has not provided any specimen picture on how they would use the mark on a battery charger, as they have only provided specimen pictures on Audio Speakers Systems. Audio speakers systems and Battery Chargers are not similar nor commercially related nor travel in the same trade channels. Moreover, Battery chargers are much smaller in sizes and much different in shapes than audio speakers systems. For evidences of potential confusion, examiner or owner of the trademark should provide specimen picture of the logo "ithunder" on a battery charger foremost.

It is respectfully requested that the examiner can approve our mark, thank you.

Sincerely yours


EVIDENCE
Evidence in the nature of Impossible to lead to confusion as both marks are completely different in wording, shape, color, fonts, and form. has been attached. Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Battery chargers for Lead-Acid (PB) batteries, National Institute of Mental Health (NIMH) batteries, Lithium-ion Polymer (LiPo) batteries, Lithium-ion (Li-ion) batteries, and Lithium Iron Phosphate (LiFePO4) batteries
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2010 and first used in commerce at least as early as 01/01/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Battery chargers for Lead-Acid (PB) batteries, National Institute of Mental Health (NIMH) batteries, Lithium-ion Polymer (LiPo) batteries, Lithium-ion (Li-ion) batteries, and Lithium Iron Phosphate (LiFePO4) batteries; Battery chargers for Lead-Acid (PB) batteries, Nickel Metal Hydride (NIMH) batteries, Lithium-ion Polymer (LiPo) batteries, Lithium-ion (Li-ion) batteries, and Lithium Iron Phosphate (LiFePO4) batteriesClass 009 for Battery chargers for Lead-Acid (PB) batteries, Nickel Metal Hydride (NIMH) batteries, Lithium-ion Polymer (LiPo) batteries, Lithium-ion (Li-ion) batteries, and Lithium Iron Phosphate (LiFePO4) batteries
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2010 and first used in commerce at least as early as 01/01/2010 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /IVAN WU/     Date: 03/14/2012
Signatory's Name: IVAN WU
Signatory's Position: President

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 85453219
Internet Transmission Date: Wed Mar 14 18:32:27 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201203141832279
84071-85453219-490c11c74823c1fd03b754983
02dad95e7-N/A-N/A-20120314174925006212