| 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 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 87678023 |
| LAW OFFICE ASSIGNED | LAW OFFICE 113 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/87678023/mark.png |
| LITERAL ELEMENT | ZOA |
| 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) | |
|
Applicant submits that its mark and the mark covered by U.S. Registration 5313697 are not confusingly similar due to the differences between the identification of goods, and the
differences in the marketing and sales arenas and customers of the respective goods related to each mark. Applicant traverses the Examiner's conclusion that the goods are related. The reference mark is used on, and registered for, hair pieces and wigs, human and synthetic, in Class
26. Applicant's mark is intended to be used for cosmetic products to be applied to the body, in Class 3. Applicant suggests that a consumer seeking hair pieces and wigs would not look for these items
where cosmetic products are offered. Applicant admits that Internet platforms today sell a wide variety of goods. However, one seeking hair products on the Internet cannot be assumed to also be looking for other products, such as cosmetics. Thus, this consumer would access the web pages displaying hair and wig items, while any cosmetic offerings on the same website would remain hidden. The Amphigory website offers hair pieces and wigs on three separate pages: www.amphigory.com/wigs; ww.amphigory.com/hair_braid; and www.amphigory.com/hair-weave. While
these pages are visible to one seeking hair pieces or wigs, the additional Amphigory pages displaying foundation and fragrance oils are not visible to the consumer, who may not be also seeking such
latter products. The same analysis applies to the Merle Norman Cosmetic Internet pages and Elegante Studios Internet pages cited and relied upon by the Examiner.
Each of these respective websites offering synthetic or human hair products use URL's that include "hair-addition," "100 human-hair" (Merle Norman) and "children-wigs" (Elegante Studio). The separate pages of these websites use URL's that include "products/skincare" (Merle Norman) and "elegante-cosmetics" (Elegante). There is no evidence, scientific or
anecdotal, for the conclusion that one seeking "hair pieces," "wigs," or the like would also access a page on the same website offering cosmetics products. Applicant submits, therefore, that the hair and wig products offered by the owner of the applied registration would not be accessed by a consumer seeking cosmetic products on the
Internet. The opposite is also true. Pending application Ser. No. 87316870 covers the same hair products in Class 26 as the above-mentioned '697 registration, and the applicant of the '870 application is also the
same. Applicant submits that the same arguments above distinguishing Applicant's goods from those covered by the '697 registration are applicable to the citation of the '870 pending
application. To Applicant's knowledge, the term ZOA has no significance in Applicant's industry. For the foregoing reasons, Applicant submits that the goods covered by the present application are different in embodiment and marketing, and that no likelihood of confusion would result between the referenced goods and Applicant's goods. A notice of allowance is requested.
|
|
| ADDITIONAL STATEMENTS SECTION | |
| SIGNIFICANCE OF MARK | ZOA appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Howard B. Rockman/ |
| SIGNATORY'S NAME | Howard B. Rockman |
| SIGNATORY'S POSITION | attorney of record/Illinois Bar Member |
| SIGNATORY'S PHONE NUMBER | 630-627-4552 |
| DATE SIGNED | 06/15/2018 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Jun 15 15:50:59 EDT 2018 |
| TEAS STAMP | USPTO/ROA-XXX.XX.XXX.XXX- 20180615155059283841-8767 8023-61014b4e031f31c29b22 b23f87cd9e28dfc8160937f59 1a6db9122b737be953d26-N/A -N/A-20180615154540939542 |
| 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 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Applicant submits that its mark and the mark covered by U.S. Registration 5313697 are not confusingly similar due to the differences between the identification of goods, and the
differences in the marketing and sales arenas and customers of the respective goods related to each mark.
Applicant traverses the Examiner's conclusion that the goods are related. The reference mark is used on, and registered for, hair pieces and wigs, human and synthetic, in Class
26. Applicant's mark is intended to be used for cosmetic products to be applied to the body, in Class 3. Applicant suggests that a consumer seeking hair pieces and wigs would not look for these items
where cosmetic products are offered.
Applicant admits that Internet platforms today sell a wide variety of goods. However, one seeking hair products on the Internet cannot be assumed to also be looking for other products, such as cosmetics. Thus, this consumer would access the web pages displaying hair and wig items, while any cosmetic offerings on the same website would remain hidden.
The Amphigory website offers hair pieces and wigs on three separate pages: www.amphigory.com/wigs; ww.amphigory.com/hair_braid; and www.amphigory.com/hair-weave. While
these pages are visible to one seeking hair pieces or wigs, the additional Amphigory pages displaying foundation and fragrance oils are not visible to the consumer, who may not be also seeking such
latter products.
The same analysis applies to the Merle Norman Cosmetic Internet pages and Elegante Studios Internet pages cited and relied upon by the Examiner.
Each of these respective websites offering synthetic or human hair products use URL's that include "hair-addition," "100 human-hair" (Merle Norman) and "children-wigs" (Elegante Studio). The separate pages of these websites use URL's that include "products/skincare" (Merle Norman) and "elegante-cosmetics" (Elegante). There is no evidence, scientific or
anecdotal, for the conclusion that one seeking "hair pieces," "wigs," or the like would also access a page on the same website offering cosmetics products.
Applicant submits, therefore, that the hair and wig products offered by the owner of the applied registration would not be accessed by a consumer seeking cosmetic products on the
Internet. The opposite is also true.
Pending application Ser. No. 87316870 covers the same hair products in Class 26 as the above-mentioned '697 registration, and the applicant of the '870 application is also the
same. Applicant submits that the same arguments above distinguishing Applicant's goods from those covered by the '697 registration are applicable to the citation of the '870 pending
application.
To Applicant's knowledge, the term ZOA has no significance in Applicant's industry.
For the foregoing reasons, Applicant submits that the goods covered by the present application are different in embodiment and marketing, and that no likelihood of confusion would result between the referenced goods and Applicant's goods. A notice of allowance is requested.