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 | 88121366 |
LAW OFFICE ASSIGNED | LAW OFFICE 122 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88121366/mark.png |
LITERAL ELEMENT | PURCEUTICAL |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
ARGUMENT(S) | |
Applicant seeks registration of the mark PURCEUTICAL & Design. The goods are amended herein to specify ophthalmic preparations for use during ophthalmic surgeries. Applicant traverses the refusal to register the mark based on alleged likelihood of confusion with the mark PURECEUTICALS for use with “skin care products, namely, non-medicated skin care preparations” in Class 3. The marks differ in that applicant’s mark separates the lettering “PUR” from the lettering “CEUTICAL” with the design element of a drop therebetween. The mark is used with ophthalmic preparations in Class 5 for use during ophthalmic surgery. As such, the mark is used in connection with products which would be sold to ophthalmic surgeons, hospitals, or the like which provide ophthalmic services to the patients. The registered mark is a one-word mark for the word PURECEUTICALS. The word is spelled different, including the letter “E” at the end of “PURE”. Moreover, the goods are in Class 3 and are a skin care product and particularly a non-medicated skin care preparation. Such a product would have no use during ophthalmic surgery and would be an off-the-shelf product available to general consumers. The health care professionals who are the target customers for applicant’s goods, for use during surgery, would be considered sophisticated customers and would not consider ophthalmic preparation used in ophthalmic surgery to be remotely related to a skin care product. For the above reasons, applicant submits that given the differences in the mark, and differences in the goods, including the separate classification of the goods, and the trade channels under which they are sold, there is no likelihood of confusion. For the above reasons, the refusal to register the mark ought to be withdrawn. |
|
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 005 |
DESCRIPTION | Ophthalmic preparations |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 005 |
TRACKED TEXT DESCRIPTION | |
FINAL DESCRIPTION | Ophthalmic preparations for use during ophthalmic surgeries |
FILING BASIS | Section 1(b) |
SIGNATURE SECTION | |
RESPONSE SIGNATURE | /FWMcLaughlin/ |
SIGNATORY'S NAME | F. William McLaughlin |
SIGNATORY'S POSITION | Attorney |
SIGNATORY'S PHONE NUMBER | 3128762120 |
DATE SIGNED | 02/21/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Thu Feb 21 12:07:56 EST 2019 |
TEAS STAMP | USPTO/ROA-XX.XX.XXX.XX-20 190221120756509848-881213 66-62026282d10ec44b5a5e1c 147564f792ee2cdee95ccd9b2 238cd2fb3cab54f454-N/A-N/ A-20190221120334269776 |
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 seeks registration of the mark PURCEUTICAL & Design. The goods are amended herein to specify ophthalmic preparations for use during ophthalmic surgeries.
Applicant traverses the refusal to register the mark based on alleged likelihood of confusion with the mark PURECEUTICALS for use with “skin care products, namely, non-medicated skin care preparations” in Class 3.
The marks differ in that applicant’s mark separates the lettering “PUR” from the lettering “CEUTICAL” with the design element of a drop therebetween. The mark is used with ophthalmic preparations in Class 5 for use during ophthalmic surgery. As such, the mark is used in connection with products which would be sold to ophthalmic surgeons, hospitals, or the like which provide ophthalmic services to the patients.
The registered mark is a one-word mark for the word PURECEUTICALS. The word is spelled different, including the letter “E” at the end of “PURE”. Moreover, the goods are in Class 3 and are a skin care product and particularly a non-medicated skin care preparation. Such a product would have no use during ophthalmic surgery and would be an off-the-shelf product available to general consumers.
The health care professionals who are the target customers for applicant’s goods, for use during surgery, would be considered sophisticated customers and would not consider ophthalmic preparation used in ophthalmic surgery to be remotely related to a skin care product.
For the above reasons, applicant submits that given the differences in the mark, and differences in the goods, including the separate classification of the goods, and the trade channels under which they are sold, there is no likelihood of confusion.
For the above reasons, the refusal to register the mark ought to be withdrawn.