To: | Bluelounge Pte. Ltd. (trmiller@millerip.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85973419 - NEST - N/A |
Sent: | 10/2/2013 10:02:51 PM |
Sent As: | ECOM112@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85973419
MARK: NEST
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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: Bluelounge Pte. Ltd.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 10/2/2013
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
In this case, the following factors are the most relevant: similarity of the marks, similarity and nature of the goods, and similarity of the trade channels of the goods. See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP §§1207.01 et seq.
The applicant has applied to register the mark “NEST” for use in connection with stands specially adapted for holding computers and computer hardware; stands for handheld digital electronic devices and personal digital electronic devices, namely, cell phones, MP3 players, personal digital assistants, laptop computers, tablet computers, smartphones, portable media players and handheld computers. The mark in the cited Registration is “NEST” and is used in connection with a protective case with integrated stand for mobile phones and hand held viewing devices.
The respective goods need only be “related in some manner and/or if the circumstances surrounding their marketing [be] such that they could give rise to the mistaken belief that [the goods] emanate from the same source.” Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); Gen. Mills Inc. v. Fage Dairy Processing Indus. SA, 100 USPQ2d 1584, 1597 (TTAB 2011); TMEP §1207.01(a)(i).
Here, applicant seeks protection for “stands” specially adapted for use with computers as well as with personal and handheld digital electronic devices, while the mark in the cited Registration is protected for protective cases comprising an integrated stand for use with personal and handheld devices. In other words, the identical marks could potentially exist in the market place to indicate the source of stands for personal and handheld devices. Please note the attached evidence establishing that cases, stands and cases with stands for personal and handheld devices are sold together and may be produced by a single source.
See attached from:
http://www.electronixhq.com/computers/tablets/handheld-device-accessories
The Trademark Trial and Appeal Board has held that printouts obtained through global computerized networks are admissible under rule 2.122(e). Raccioppi v. Apogee, Inc., 47 USPQ2d 1368 (TTAB 1998).
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.
CONTACT AND STATUS UPDATE INFORMATION
The applicant may view and download any or all documents contained in the electronic file wrapper of its OWN and all other pending trademark applications, as well as many registrations via the Trademark Document Retrieval (TDR) system available online at:
http://tmportal.gov.uspto.report/external/portal/tow.
If the applicant seeks STATUS information after the application has left the examining attorney’s jurisdiction as a result of an approval or abandonment, the applicant should use the following link, which contains the same information to which the examining attorney has access:
http://www.gov.uspto.report/trademarks/TARR.jsp
For a graphical timeline pertaining to 1(a), Use-based applications, use the following link:
http://www.gov.uspto.report/trademarks/process/tm_sec1atimeline.jsp
For a graphical timeline pertaining to 1(b), Intent-to-Use applications, use the following link:
http://www.gov.uspto.report/trademarks/process/tm_sec1btimeline.jsp
Other graphical timelines may be viewed via the following link:
http://www.gov.uspto.report/trademarks/process/tm_timeline.jsp
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9112.
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
/Ronald E. Aikens/
Examining Attorney
US Patent & Trademark Office
Law Office 112
571-272-9268
Ron.Aikens@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 the Trademark Electronic Application System (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 the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or 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/trademarks/teas/correspondence.jsp.