To: | DAS BRANDS, LLC (dastm@designip.com) |
Subject: | U.S. Trademark Application Serial No. 88228323 - POWERDRIVE - DAS-T0042.1 |
Sent: | September 15, 2020 12:10:38 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. 88228323
Mark: POWERDRIVE
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Correspondence Address: |
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Applicant: DAS BRANDS, LLC
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Reference/Docket No. DAS-T0042.1
Correspondence Email Address: |
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FINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: September 15, 2020
In the July 11, 2019 suspension notice, the examining attorney continued the likelihood of confusion refusal as to U.S. Registration Nos. 4634615 and 4188368 under 15 U.S.C. Section 1052(d). The refusal is withdrawn as to U.S. Registration No. 4634615 because that mark shares common ownership with the mark in this application. Since the suspension has been lifted, the likelihood of confusion refusal is hereby continued and made FINAL as to U.S. Registration Nos. 4188368 and 5306965.
LIKELIHOOD OF CONFUSION REFUSAL
Registration of the applied-for mark was and remains refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 5306965 and 4188368. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.
In the first Office action issued March 12, 2019, the examining attorney provided ample arguments and evidence in support of this refusal. The dominant word element of all of these marks is identical, and the goods are very closely related and/or identical. The applicant has not provided any arguments or evidence to overcome the evidence of record.
It is noted that the registrations have been amended to include limitations in the descriptions of goods.
U.S. Registration No. 5306965 is registered for: USB charging devices for use with electronic devices, namely, mobile phones, digital audio and video players, handheld computers, tablet computers, ebook readers, personal digital assistants, electronic organizers, electronic notepads, and cameras, none of which include an integrated power inverter, in Class 9.
U.S. Registration No. 4188368 is registered for: Control regulating equipment and instruments for lighting, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; none of the aforementioned goods in this Class include access control goods and all of the aforesaid goods to be used for lighting applications only, in Class 9
The applicant’s identification of goods is broad enough to include similar goods intended for the purposes in the limiting language of the above descriptions of goods. Therefore, based on the record, the likelihood of confusion refusal is maintained and made final.
Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:
(1) A request for reconsideration that fully resolves all outstanding requirements and refusals; and/or
(2) An appeal to the Trademark Trial and Appeal Board with the required filing fees.
TMEP §715.01; see 37 C.F.R. §2.63(b)(1)-(2).
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Elissa Garber Kon/
Examining Attorney, Law Office 106
phone: 571-272-9181
email: elissagarber.kon@uspto.gov
RESPONSE GUIDANCE