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) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87777201 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION |
MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/87777201/large |
LITERAL ELEMENT |
SPECTRA |
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) |
In response to the likelihood of confusion refusals, Applicant hereby enters identification amendments in Class 11 deleting and clarifying relevant items. In light of the amendments made herein,
Applicant believes the subject refusals should be withdrawn as the marks at issue are not likely to cause confusion in the relevant marketplace based on the differences in the marks and the notable
differences in the goods. Applicant respectfully reserves the right to submit additional arguments as necessary for any maintained refusals or against any cited pending applications.
At a minimum, and in the alternative, Applicant believes any maintained refusals should be limited to Applicant's Class 11 goods only in light of the differences in the subject marks and
the differences of Applicant's goods as there is no potential for a likelihood of confusion between the cited registrations and Applicant's mark in Classes 5, 10, and 21.
|
GOODS AND/OR SERVICES SECTION (005)(no change) |
GOODS AND/OR SERVICES SECTION (010)(no change) |
GOODS AND/OR SERVICES SECTION (011)(current) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
Non-electric steam sterilizer, other than for medical use; auxiliary toilet seats for babies; portable toilets; bath tubs for sitz
baths, other than for medical use; showers for babies; water heaters; refrigerating containers, namely, portable refrigerators; milk sterilizers; electric sterilizers for household purposes; electric
sterilizers; steam sterilizer, other than for medical use; electric heaters for babies' bottles; non-electric light fixture |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (011)(proposed) |
INTERNATIONAL CLASS |
011 |
TRACKED TEXT DESCRIPTION |
Non-electric steam sterilizer, other than for medical use; Refrigerating
containers, namely, portable refrigerators; auxiliary toilet seats for babies; electric ultra-violet (UV) sterilizers for
breast pumps and breast pump accessories; portable toilets; electric heaters for babies' bottles; bath tubs for sitz baths, other than for medical use; non-electric light fixture; showers for babies; water heaters; milk sterilizers; electric sterilizers for household purposes; electric sterilizers; steam sterilizer, other than for medical use |
FINAL DESCRIPTION |
Refrigerating containers, namely, portable refrigerators; electric ultra-violet (UV) sterilizers for breast pumps and breast pump
accessories; electric heaters for babies' bottles; non-electric light fixture |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(no change) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Alexis P. Grilli/ |
SIGNATORY'S NAME |
Alexis P. Grilli |
SIGNATORY'S POSITION |
Attorey of Record, VA Bar Memeber |
SIGNATORY'S PHONE NUMBER |
202-585-8404 |
DATE SIGNED |
07/23/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Jul 23 15:52:59 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XXX-
20190723155259664385-8777
7201-6207552e9d8d99b9be1b
ef4e8c393c37ce1adac22fbb2
96570624168982a67d2-N/A-N
/A-20190723151353924025 |
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) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
87777201 SPECTRA(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/87777201/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In response to the likelihood of confusion refusals, Applicant hereby enters identification amendments in Class 11 deleting and clarifying relevant items. In light of the amendments made herein,
Applicant believes the subject refusals should be withdrawn as the marks at issue are not likely to cause confusion in the relevant marketplace based on the differences in the marks and the notable
differences in the goods. Applicant respectfully reserves the right to submit additional arguments as necessary for any maintained refusals or against any cited pending applications.
At a minimum, and in the alternative, Applicant believes any maintained refusals should be limited to Applicant's Class 11 goods only in light of the differences in the subject marks and
the differences of Applicant's goods as there is no potential for a likelihood of confusion between the cited registrations and Applicant's mark in Classes 5, 10, and 21.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Non-electric steam sterilizer, other than for medical use; auxiliary toilet seats for babies; portable toilets; bath tubs for sitz baths, other than for medical use;
showers for babies; water heaters; refrigerating containers, namely, portable refrigerators; milk sterilizers; electric sterilizers for household purposes; electric sterilizers; steam sterilizer,
other than for medical use; electric heaters for babies' bottles; non-electric light fixture
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Non-electric steam sterilizer, other than for medical use;
Refrigerating containers, namely, portable
refrigerators;
auxiliary toilet seats for babies;
electric ultra-violet (UV) sterilizers for breast pumps and breast pump
accessories;
portable toilets;
electric heaters for babies' bottles;
bath tubs for sitz baths,
other than for medical use;
non-electric light fixture;
showers for babies;
water
heaters;
milk sterilizers;
electric sterilizers for household purposes;
electric
sterilizers;
steam sterilizer, other than for medical useClass 011 for Refrigerating containers, namely, portable refrigerators; electric ultra-violet
(UV) sterilizers for breast pumps and breast pump accessories; electric heaters for babies' bottles; non-electric light fixture
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
SIGNATURE(S)
Response Signature
Signature: /Alexis P. Grilli/ Date: 07/23/2019
Signatory's Name: Alexis P. Grilli
Signatory's Position: Attorey of Record, VA Bar Memeber
Signatory's Phone Number: 202-585-8404
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 87777201
Internet Transmission Date: Tue Jul 23 15:52:59 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201907231552596
64385-87777201-6207552e9d8d99b9be1bef4e8
c393c37ce1adac22fbb296570624168982a67d2-
N/A-N/A-20190723151353924025