TEAS Response to Suspension Inquiry

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1822 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1822 (Rev 10/2011)

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 86697407 FUNPLUS (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86697407/large) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 86655823 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).

ARGUMENT(S)
The applied-for mark ?FUNPLUS+figure? (Serial No.86697407) is DISSIMILAR to the cited mark ?FUN+1 TOYS? (Serial No.86655823). The relevant consumers are not likely to be confused. Please regain the applied-for mark examining. Reasons 1. The applied-for mark ?FUNPLUS+figure? is not similar to cited mark ?FUN+1 TOYS? (Serial No.86655823) in appearance, spelling, sound, meanings and commercial impression. (1)Appearance Applicant?s mark consists of?the stylized wording "FUNPLUS" and figure of an incomplete circle with a plus symbol on the top right corner..However, the cited mark is consists of word, symbol and number:?FUN+1 TOYS?. Obviously, two marks are so distinctive as to obviate the similarity in appearance, which produces different visual effects on the relevant consumer. (2)Spelling and Sound The applied-for mark?s wprd portion is ?FunPlus?, and its phonetic symbol is?[fʌn][plʌs]. The spelling of cited mark is ?FUN+1 TOYS?, and its phonetic symbol is?[fʌn][wʌn][tɒɪz]. Obviously, the second part of two marks?pronunciation and the accent are different,which leave different?audio effects on the relevant consumer. (3)Meanings Two marks has different meanings. ?FunPlus? means ?more fun, more happy?. However, ?1? means No. One，?FUN+1 TOYS? expresses ?the most interesting game to play?. Therefore, two marks have different connotation. In re National Data Corp., 753 F. 2d 1056,1058, 224 USPQ 749, 750-51 (Fed.Cir.1985), the Court of Appeals for the Federal Circuit has provided the following guidance with regard to determining and articulating likelihood of confusion: ?The basic principle in determining confusion between marks is that marks must be compared in their entireties and must be considered in connection with the particular goods and services for which they are used. It follows from that principle that likelihood of confusion cannot be predicated on dissection of a mark, that is, on only part of a mark.? In this case, the applied-for mark and the cited mark must be compared in their entireties. Two marks are so distinctive as to obviate the similarity in appearance, which produces different visual effects on the relevant consumer. 2 The identified goods and/or services of two marks are not similar. The applied-for mark ?FUNPLUS+figure? (Serial No.86697407) for goods are: ???Ball pitching machines; Board games; Body-training apparatus; Fishing tackle; Games adapted for use with television receivers; Golf gloves; LCD game machines; Ring games; Toy cars; Video game machines?. However, the registered mark ?FUN+1 TOYS? (Serial No.86655823) for goods are: ?Board games; card games; Action figure toys; Remote control toys, namely, cars, race cars, airplanes, boats, helicopters, drones; Electronic games other than those adapted for use with television receivers only?. Two marks uses in different goods. Therefore, the identified goods and/or services of two marks are not similar. Therefore, the applied-for mark and the cited marks are different in appearance, spelling, sound and meaning, and a potential consumer would not be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant. Secondly, the identified goods and/or services of two marks are not similar. Therefore, the applied-for mark ?FUNPLUS+figure? (Serial No.86697407) could be regain examining and could be reregistered.


Response Suspension Inquiry Signature
Signature: /Eric/     Date: 03/18/2016
Signatory's Name: Eric Wang
Signatory's Position: President
Signatory's Phone Number: 08618911367799

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: 86697407
Internet Transmission Date: Fri Mar 18 01:59:39 EDT 2016
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XXX-20160318015939
792387-86697407-55061b8c728466e2ad14769d
cd907cb2491fbd0f0192d70309c72b020cbc5d-N
/A-N/A-20160318015846533229