| 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 1960 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 07/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 87100790 |
| LAW OFFICE ASSIGNED | LAW OFFICE 119 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/87100790/mark.png |
| LITERAL ELEMENT | BALANCE |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
This is in response to the Final Office Action dated12/21/2016 wherein the Examining Attorney refused registration of Applicant's mark because of a likelihood of confusion with the marks in U.S. Registration Nos. 3937988 and 3905687. Based upon the arguments and amendments presented below, Applicant respectfully requests that the Examining Attorney withdraw the refusal based upon Section 2(d) of the Act and approve its mark for publication in the Official Gazette. 1. Amendment of Identification of Goods Applicant requests that the identification of goods be amended as follows: "Electrolyte replacement solutions to treat and/or prevent aggressive behavior and heat stress in turkeys" in International Class 5. 2. Section 2(d) Refusal In this case, the marks are identical, however, the cited marks are only suggestive and entitled to narrow trademark protection. Comparison of the Goods. As amended, the goods are clearly and easily distinguishable from those cited by the Examining Attorney in the December Office Action. None of the cited goods are used for turkeys and none of the cited marks are used to treat and/or prevent aggressive behavior and heat stress in turkeys. Applicant's limitations to a specific animal, turkeys, and for the explicit uses stated above remove any buyer confusion as to the source of the goods. Quite simply, none of the sited references are directed to this particular market (turkeys) and for this particular use (treating and/or preventing aggressive behavior and heat stress in turkeys). Based upon the foregoing, Applicant contends that the Applicant's respective goods are sufficiently different and unrelated, rendering consumer confusion between the marks highly unlikely. Respectfully submitted, John W. Ryan Attorney for Applicant, DC Bar Member |
|
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 005 |
| DESCRIPTION | Electrolyte replacement solutions |
| FIRST USE ANYWHERE DATE | At least as early as 08/01/2016 |
| FIRST USE IN COMMERCE DATE | At least as early as 08/01/2016 |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 005 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Electrolyte replacement solutions to treat and/or prevent aggressive behavior and heat stress in turkeys" | |
| FIRST USE ANYWHERE DATE | At least as early as 08/01/2016 |
| FIRST USE IN COMMERCE DATE | At least as early as 08/01/2016 |
| FILING BASIS | Section 1(b) |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /JWR/ |
| SIGNATORY'S NAME | John W. Ryan |
| SIGNATORY'S POSITION | Attorney of Record, DC Bar Member |
| SIGNATORY'S PHONE NUMBER | 202-659-6627 |
| DATE SIGNED | 03/27/2017 |
| AUTHORIZED SIGNATORY | YES |
| CONCURRENT APPEAL NOTICE FILED | NO |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Mar 27 18:07:09 EDT 2017 |
| TEAS STAMP | USPTO/RFR-XXX.XX.XXX.XXX- 20170327180709644336-8710 0790-580b71e2586f8f3afb5b bd33e89a7f827e830e586e41a 525cec424e9f2de4343f-N/A- N/A-20170327173439542223 |
| 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 1960 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 07/31/2017) |
This is in response to the Final Office Action dated12/21/2016 wherein the Examining Attorney refused registration of Applicant's mark because of a likelihood of confusion with the marks in U.S. Registration Nos. 3937988 and 3905687.
Based upon the arguments and amendments presented below, Applicant respectfully requests that the Examining Attorney withdraw the refusal based upon Section 2(d) of the Act and approve its mark for publication in the Official Gazette.
1. Amendment of Identification of Goods
Applicant requests that the identification of goods be amended as follows:
"Electrolyte replacement solutions to treat and/or prevent aggressive behavior and heat stress in turkeys" in International Class 5.
2. Section 2(d) Refusal
In this case, the marks are identical, however, the cited marks are only suggestive and entitled to narrow trademark protection.
Comparison of the Goods. As amended, the goods are clearly and easily distinguishable from those cited by the Examining Attorney in the December Office Action. None of the cited goods are used for turkeys and none of the cited marks are used to treat and/or prevent aggressive behavior and heat stress in turkeys.
Applicant's limitations to a specific animal, turkeys, and for the explicit uses stated above remove any buyer confusion as to the source of the goods. Quite simply, none of the sited references are directed to this particular market (turkeys) and for this particular use (treating and/or preventing aggressive behavior and heat stress in turkeys).
Based upon the foregoing, Applicant contends that the Applicant's respective goods are sufficiently different and unrelated, rendering consumer confusion between the marks highly unlikely.
Respectfully submitted,
John W. Ryan
Attorney for Applicant, DC Bar Member