Response to Office Action

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)

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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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88037959 QUANTUM3D(Standard Characters, see http://uspto.report/TM/88037959/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The applicant requests the refusal for the likelihood of confusion with registration 5061438 (QuantAM) withdrawn for the following reasons. The marks are spelled differently, which is especially significant in this particular. The applicant already owns a registered mark in the same class as the registered mark, which demonstrates not possibility of confusion. Finally, the goods and services are not the same. The registered mark, QuantAM, is a purposeful and specific misspelling of the word Quantum. The capitalized letters ?AM? stand for ?additive manufacturing,? as noted on the registrant?s website. See attached. This term is very common in their industry (see attached searches, 67,000,000 results in the google search alone. No one in their industry would confuse their mark, which is a clear play on well-known term of art in their industry, with the applicant?s mark, which spells quantum correctly and also includes 3D as a part of the mark. There choice of misspelling is not random, but purposeful and direct. The applicant is the owner of ?Quantum3D? (and design), registration 4446159, which is classified for goods in class 009, which is the same classification as the registration. Both marks have been mutually registered for over 2 years. If these marks can both be registered in the same class with no issue, they should be able to exist within different classes with a similar lack of confusion. The registrant?s goods are strictly software related. The applicant only sells goods and operates retail and on-line retail store services that only sell hardware. The applicant, because the marks are not confusing in appearance and meaning, the marks are both already registered simultaneously in the same class, and the goods and services are not the same, requests the refusal for the possibility of confusion with QuantAM (registration 5061438) be withdrawn.

EVIDENCE
Evidence in the nature of screenshot of registrant's website and 2 searches has been attached. Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for online retail and retail store selling 3D printers, equipment, and parts
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/02/2018 and first used in commerce at least as early as 04/02/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: online retail and retail store selling 3D printers, equipment, and parts; Online retail store and retail store services featuring 3d printers, equipment, and parts for 3d printersClass 035 for Online retail store and retail store services featuring 3d printers, equipment, and parts for 3d printers
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/02/2018 and first used in commerce at least as early as 04/02/2018 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Jason R. Lee/     Date: 04/20/2019
Signatory's Name: Jason R. Lee
Signatory's Position: Attorney of Record, MI Bar member

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: 88037959
Internet Transmission Date: Sat Apr 20 13:22:26 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019042013222628
7717-88037959-620a47c6cf3ff75fec7d6bcc58
36f67c3a509cc9bbf858ef734d4f2a1b42ffe10-
N/A-N/A-20190420124807797938