TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88284690 POWER YOUR GREATNESS(Standard Characters, see http://uspto.report/TM/88284690/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 87664975 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).

ARGUMENT(S)
In response to the Official Action of April 16, 2019, Applicant respectfully requests that the Examiner reconsider his position and withdraw the refusal under Trademark Act Section 2(d). In support of his position the Examiner cites only prior-filed application serial no. 87664975 for the mark FUEL YOUR GREATNESS . However, as set forth herein, this application does not present a bar to registration of the Applicant?s mark. There is no likelihood of confusion between the cited mark and the Applicant?s mark because of the differences in the sound, appearance and overall commercial impression of the respective marks. One is immediately struck by the obvious differences in the terms themselves. Although the two marks share the terms YOUR GREATNESS, the Applicant?s mark includes the term POWER and the cited mark includes the term FUEL. It is axiomatic that in determining whether a likelihood of confusion exists, the Examiner may not dissect the marks, but must consider the marks in their entireties. Estate of P.D. Beckwith, Inc. v. Commissioner of Patents, 252 U.S. 538, 545-46 (1920). That these differences in the terms comprising the marks gives the cited mark and the Applicant?s mark different sounds and appearances in irrefutable. The addition of these distinctive terms to each of the marks will in and of itself insure against any likelihood of confusion. This is particularly true here, where the disparate terms are the first terms of each mark. Applicable legal precedent holds that one feature of a mark may be recognized as more significant in creating a commercial impression. Greater weight is given to that dominant feature in determining whether there is a likelihood of confusion. In re National Data Corp., 753 F.2d 1056, 224 USPQ 749 (Fed. Cir. 1985); Tektronix, Inc. v. Daktronics, Inc., 534 F.2d 915, 189 USPQ 693 (C.C.P.A. 1976); In re J.M. Originals Inc., 6 USPQ2d 1393 (TTAB 1987); TMEP ?1207.01(b)(viii). In this case the first term of the respective marks is POWER and FUEL, and each is clearly the dominant part of the mark and key in creating a distinct commercial impression. In such a case registration is proper. Shen Manufacturing Co. v. Ritz Hotel, Ltd., 393 F.3d 1238, 73 USPQ2d 1350 (Fed. Cir. 2004); In re Farm Fresh Catfish Co., 231 USPQ 4995 (TTAB 1986); In re Shawnee Milling Co., 225 USPQ 747 (TTAB 1985). The connotations and meanings of the two marks are also different due to the additional terms which each contains. Printouts from the online Merriam Webster dictionary, ?merriam-webster.com? showing the definitions of POWER and FUEL are attached hereto as Exhibits A and B. The definitions of POWER include to ?ability to act or produce an effect,? ?possession of control, authority, or influence over others,? and ?physical might.? The definitions of FUEL include ?a material used to produce heat,? ?a nutritive material,? and ?a source of sustenance.? The meanings and connotations of the respective marks are different. The Applicant?s mark brings to mind physical might whereas the cited mark is descriptive of the goods, ie., it is a nutritive material or a source of sustenance. Consumers encountering the marks will perceive the different meanings and the resulting differences in the overall commercial impression of each mark. Based upon the foregoing, further action on this application is respectfully solicited.
Original PDF file:
PE_2423855220-151106653_._power.your.greatness.pdf
Converted PDF file(s) (14 pages)
Pending File1
Pending File2
Pending File3
Pending File4
Pending File5
Pending File6
Pending File7
Pending File8
Pending File9
Pending File10
Pending File11
Pending File12
Pending File13
Pending File14


Response Suspension Inquiry Signature
Signature: /peter j. vranum/     Date: 04/29/2019
Signatory's Name: Peter J. Vranum
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 9737263771

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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: 88284690
Internet Transmission Date: Mon Apr 29 15:14:22 EDT 2019
TEAS Stamp: USPTO/RSI-XX.XXX.XX.XXX-2019042915142252
1352-88284690-6208659fd252895cdbc7a738d7
b91bcebac3070c32c9a5fbc3c18998945e1d1e8e
1-N/A-N/A-20190429151106653857