To: | Fauteux, Robert A. (rfauteux737@gmail.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87785350 - GR - N/A |
Sent: | 12/16/2018 3:27:48 PM |
Sent As: | ECOM106@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87785350
MARK: GR
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Fauteux, Robert A.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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SUSPENSION NOTICE: NO RESPONSE NEEDED
ISSUE/MAILING DATE: 12/16/2018
Applicant was previously provided information regarding pending U.S. Application Serial No. 87345594, which may present a bar to registration of applicant’s mark based on a likelihood of confusion under Trademark Act Section 2(d). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. In response, applicant argued that the mark in the pending application is not likely to cause confusion with applicant’s mark.
Specifically, applicant argued that the marks differ because they utilize different stylizations and design elements. However, despite the differences in stylization and designs, the marks are phonetic equivalents and thus sound similar. Similarity in sound alone may be sufficient to support a finding that the marks are confusingly similar. In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); see In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007); TMEP §1207.01(b)(iv). Moreover, because the literal portion of each mark is the lettering “GR,” the marks are similar in appearance and highly similar in their meanings and overall commercial impressions.
Applicant additionally argues that the applicant’s services are different from those in the cited pending application. Applicant points specifically to certain of the prior applicant’s goods, particularly those in International Classes 9 and 12. However, the prior applicant’s services also include “providing temporary accommodation,” “providing food and drink,” “bar services;” and “cafe, cafeteria and restaurant services,” all of which are closely related to applicant’s “dude ranches” in that providing dude ranches commonly involves provision of temporary accommodations and food and drink services.
Accordingly, the trademark examining attorney has found applicant’s arguments unpersuasive and still believes there may be a likelihood of confusion between applicant’s mark and the mark in the cited prior-pending application, should it register. Thus, this application remains suspended.
The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based. TMEP §§716.04, 716.05. Applicant will be notified when suspension is no longer appropriate. See TMEP §716.04.
No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or Letter of Suspension” form online at http://teasroa.gov.uspto.report/rsi/rsi.
/J. Evan Mucha/
J. Evan Mucha
Examining Attorney
Law Office 106
(571) 270-1989
evan.mucha@uspto.gov
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 Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.