| 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 | 88122403 |
| LAW OFFICE ASSIGNED | LAW OFFICE 125 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88122403/mark.png |
| LITERAL ELEMENT | JAMES RIVER TRADERS |
| 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) | |
|
The examining attorney is refusing registration of this mark based on a possible likelihood of confusion with US Registration Numbers 3481134 and 5087605. Applicant respectfully disagrees. US Registration Number 3481134 is for JAMES RIVER STEAM BREWERY in association with “Clothing, namely, hats, caps, T-shirts, sweatshirts, sweatpants, shorts, sweaters, golf shirts, shirts, and jackets” in International Class 025. US Registration Number 5087605 is for the stylized lettering of the words "JAMES RIVER" stacked on top of the word "ARCHERY", with the letter "A" in "JAMES" is shaped as a bow with an arrow extending underneath the wording "JAMES RIVER". This is registered in association with “Retail sporting goods stores” in International Class 035. Applicant’s mark is for JAMES RIVER TRADERS in association with “Pants; Shirts” in International Class 025. The marks must be considered in the way in which they are perceived by the relevant public. In re Shell Oil Co., 992 F.2d 1204, 26 USPQ 2d 1687-88 (Fed. Cir. 1993). Similarity of the marks in one respect – sight, sound or meaning --- will not automatically result in a finding of likelihood of confusion even if the goods are closely related. TMEP section 1207.01 (b)(i). The marks, when considered in their entireties, are not similar. US Registration Number 3481134 contains the wording STEAM BREWERY, which clearly suggests that the goods are associated with a particular brewery. US Registration Number 5087605 contains the wording ARCHERY, along with a bow and arrow, which clearly suggests that the goods are associated with archery and sporting goods. Applicant’s mark contains the wording TRADERS which is suggestive of trading posts and clothing for everyday wear. The marks, when considered in their entireties, are very different in connotation and commercial impression, as well as appearance and sound. The goods associated with applicant’s mark are very different from the services associated with US Registration Number 5087605. The services associated with US Registration Number 5087605 are “retail sporting goods stores”, whereas the goods associated with applicant’s mark are “pants; shirts” which are not sporting goods, nor will they be marketed through sporting goods stores. The goods associated with applicant’s mark are very different from the goods associated with US Registration Number 3481134 in that the goods associated with the registered mark are goods associated with a brewery, rather than general pants and shirts sold through regular retail avenues. For these reasons, applicant requests this application be allowed to proceed to registration. |
|
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use TRADERS apart from the mark as shown. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /jmf/ |
| SIGNATORY'S NAME | Jeffrey M. Furr |
| SIGNATORY'S POSITION | Attorney of record, Ohio bar member |
| SIGNATORY'S PHONE NUMBER | 740-817-2381 |
| DATE SIGNED | 07/17/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Jul 17 17:26:52 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XX- 20190717172652921029-8812 2403-620973d87d4376b84476 6cff9639214c7e4c48450ae3c f2b3c2b45f4c66cedea76-N/A -N/A-20190717172600109228 |
| 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) |
The examining attorney is refusing registration of this mark based on a possible likelihood of confusion with US Registration Numbers 3481134 and 5087605. Applicant respectfully disagrees.
US Registration Number 3481134 is for JAMES RIVER STEAM BREWERY in association with “Clothing, namely, hats, caps, T-shirts, sweatshirts, sweatpants, shorts, sweaters, golf shirts, shirts, and jackets” in International Class 025.
US Registration Number 5087605 is for the stylized lettering of the words "JAMES RIVER" stacked on top of the word "ARCHERY", with the letter "A" in "JAMES" is shaped as a bow with an arrow extending underneath the wording "JAMES RIVER". This is registered in association with “Retail sporting goods stores” in International Class 035.
Applicant’s mark is for JAMES RIVER TRADERS in association with “Pants; Shirts” in International Class 025.
The marks must be considered in the way in which they are perceived by the relevant public. In re Shell Oil Co., 992 F.2d 1204, 26 USPQ 2d 1687-88 (Fed. Cir. 1993). Similarity of the marks in one respect – sight, sound or meaning --- will not automatically result in a finding of likelihood of confusion even if the goods are closely related. TMEP section 1207.01 (b)(i). The marks, when considered in their entireties, are not similar. US Registration Number 3481134 contains the wording STEAM BREWERY, which clearly suggests that the goods are associated with a particular brewery. US Registration Number 5087605 contains the wording ARCHERY, along with a bow and arrow, which clearly suggests that the goods are associated with archery and sporting goods. Applicant’s mark contains the wording TRADERS which is suggestive of trading posts and clothing for everyday wear. The marks, when considered in their entireties, are very different in connotation and commercial impression, as well as appearance and sound.
The goods associated with applicant’s mark are very different from the services associated with US Registration Number 5087605. The services associated with US Registration Number 5087605 are “retail sporting goods stores”, whereas the goods associated with applicant’s mark are “pants; shirts” which are not sporting goods, nor will they be marketed through sporting goods stores. The goods associated with applicant’s mark are very different from the goods associated with US Registration Number 3481134 in that the goods associated with the registered mark are goods associated with a brewery, rather than general pants and shirts sold through regular retail avenues.
For these reasons, applicant requests this application be allowed to proceed to registration.