To: | STREAM 33 PRODUCTS, LLC (phlipdocketing@reedsmith.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88242805 - BREEZE33 - 18-40099-US |
Sent: | 3/26/2019 1:45:45 PM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88242805
MARK: BREEZE33
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: STREAM 33 PRODUCTS, LLC
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 3/26/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
This refusal applies only to international class 11.
Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 4316208 and 4495149. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the enclosed registrations.
Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression. Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v). “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.” In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).
The compared goods and/or services need not be identical or even competitive to find a likelihood of confusion. See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i). They need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.” Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).
U.S. Registration No. 4316208
In terms of the marks, the proposed mark is BREEZE33, while the cited mark is BREEZE. Considering that the proposed mark begins with the cited mark, the marks have similar dominant components. Therefore, the marks are similar in sound, appearance, and commercial impression.
With respect to the goods, those of the proposed mark are various HVAC equipment including air conditioners, while those of the cited mark are “Air conditioners and component parts thereof.” Considering that the goods of the marks are both air conditioners and parts thereof, the goods are related such that there would be a likelihood of confusion if both marks were registered.
U.S. Registration No. 4495149
In terms of the marks, the proposed mark is BREEZE33, while the cited mark is BREEZE. Considering that the proposed mark begins with the cited mark, the marks have similar dominant components. Therefore, the marks are similar in sound, appearance, and commercial impression.
With respect to the goods and services, those of the proposed mark include “ventilating exhaust fans” and other ventilation related goods, while those of the cited mark are “ventilating exhaust fans; electric fans; electric air circulation fan.” Considering that the goods of the marks overlap, and are related to the field of ventilation, they are similar in nature and purpose and are likely to move in the same channels of trade to the same groups of consumers. Therefore, the goods are related such that there would be a likelihood of confusion if both marks were registered.
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION OF GOODS
This requirement applies only to the goods specified therein.
The identification of goods is not acceptable and must be clarified because several of the goods are indefinite and include goods in other classes. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
Specifically:
· The goods “motorized blowers for hvac ducts” and the goods “power venters in the nature of motorized blowers for venting combustion byproducts of heating installations” must be further specified.
· The goods “circulators; hot water coils; heat exchangers; evaporator coils” must be further specified.
· The
goods “compressors; expansion valves; filters for hvac systems; air filter media; hydronic boilers; hydronic supplies, namely, circulators” are indefinite and must be
further specified.
Applicant may adopt the following wording, if accurate:
“metal ducts for heating, ventilation and cooling (HVAC) systems; metal vent cover for HVAC ducts” in International Class 6;
“electric controls for heating, ventilation and cooling (hvac) systems; thermostats; hvac components, namely, whips in the nature of electrical wires with a protective sheath, and disconnects in the nature of shut-off switches for the electrical systems of hvac installations” in International Class 9;
“air conditioning equipment, namely, air conditioning apparatus; heating, ventilation and cooling (hvac) products, namely, hvac units; air conditioners; furnaces; heating boilers; hot water heaters; power vents in the nature of motorized hot air blowers for hvac ducts; power venters in the nature of motorized hot air blowers for venting combustion byproducts of heating installations; hvac components, namely, condensate pumps specially adapted for use with hvac units, condenser pads specially adapted for hvac condenser units, vibration pads specially adapted for furnaces, leveling blocks specially adapted for furnaces, condenser covers specially adapted for hvac condenser units, air cleaners in the nature of air filtration installations, line sets in the nature of copper tubing specially adapted for use with hvac systems, furnace boilers, furnaces, heat pumps, circulators in the nature of water heaters, radiators for heating, hot water coils as parts of heating and cooling installations, heat exchangers not being parts of machines, evaporator for air conditioners, evaporator coils as parts of heating and cooling installations, air handlers, ventilating exhaust fans, dampers, namely, control devices used in air ducts to regulate the flow of air, {further specify compressors and reclassify accordingly, e.g., compressors for refrigerators in Class 7}, {further specify expansion valves and reclassify accordingly, e.g., expansion valves for fluid control in Class 9}; air filters for hvac systems; hvac supplies, namely, fibrous air filter media for general industrial use in the purification of air, {further specify humidifier water panels}; hydronic equipment, namely, hydronic hvac units; hydronic heating boilers; hydronic supplies, namely, circulators in the nature of water heaters” in International Class 11;
“air duct adhesive sealant compounds for use in the heating and cooling industry” in International Class 17; and
“non-metal ducts for heating, ventilation and cooling (hvac) systems; non-metal vent cover for HVAC ducts” in International Class 19.
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
failure to respond to partial non-final office action
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/Sung In/
Sung In
Trademark Examining Attorney
Law Office 103
Phone: (571) 272-9097
Fax: (571) 272-9103
Email: sung.in@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.