To: | Country Life, LLC (wcox@lawcox.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88284690 - POWER YOUR GREATNESS - 4724.03 |
Sent: | 6/12/2019 11:56:47 AM |
Sent As: | ECOM123@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88284690
MARK: POWER YOUR GREATNESS
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Country Life, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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SUSPENSION NOTICE: NO RESPONSE NEEDED
ISSUE/MAILING DATE: 6/12/2019
The trademark examining attorney is suspending action on the application for the reason(s) stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The effective filing date of the pending application(s) identified below precedes the filing date of applicant’s application. If the mark in the referenced application(s) registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark(s). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application is suspended until the earlier-filed referenced application(s) is either registered or abandoned. 37 C.F.R. §2.83(c). A copy of information relevant to this referenced application(s) was sent previously.
- Application Serial No(s). 87664975
In the previous office action, registration of the applied-for mark was suspended due to the likelihood of confusion with Application Serial No. 87664975, which precedes the filing date of applicant’s application. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the previously attached application.
The applicant argues that its mark, POWER YOUR GREATNESS, is not confusingly similar to the cited mark, FUEL YOUR GREATNESS, because the marks, when compared in their entireties, are not confusingly similar. The Examining Attorney is not persuaded.
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).
In this case, because the proper test is not a side-by-side comparison of the marks, but instead whether the marks are sufficiently similar in terms of their commercial impression, the fact that the applicant’s mark has the wording “POWER YOUR GREATNESS” while the cited mark has the wording “FUEL YOUR GREATNESS” is not sufficient to overcome a likelihood of confusion refusal. The marks are similar in terms of their commercial impression due to the fact that the wording “POWER” and “FUEL” have similar meanings in connection with the goods of the applicant here and the cited application. The attached dictionary evidence from http://www.lexico.com/en/definition/fuel shows that the wording “FUEL” means to “Supply or power . . .” The attached evidence from http://www.merriam-webster.com/dictionary/fuel shows that the term “POWER” is a synonym to the word “FUEL”. Therefore, it is likely that the wording POWER YOUR GREATNESS and FUEL YOUR GREATNESS would have a similar commercial impression when comparing the marks in their entirety, given the fact that the words “POWER” and “FUEL” have similar meanings and the other wording in both marks are identical.
In this case, because consumer confusion has been held likely for marks that do not physically look or sound alike but convey the same idea and overall meaning, the marks here are similar because the convey the same overall idea and meaning. Additionally, the goods in the application and cited application are identical. Therefore, it is presumed that the channels of trade and class(es) of purchasers are the same for these goods and/or services. See Cai v. Diamond Hong, Inc., __ F.3d __, 27 USPQ2d 1797, 1801 (Fed. Cir. 2018) (quoting In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012)).
Thus, applicant’s mark and the cited mark are similar and applicant’s mark will be suspended until the earlier-filed referenced application(s) is either registered or abandoned. 37 C.F.R. §2.83(c).
The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based. TMEP §§716.04, 716.05. Applicant will be notified when suspension is no longer appropriate. See TMEP §716.04.
No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or Letter of Suspension” form online at http://teasroa.gov.uspto.report/rsi/rsi.
Solite, Joshua
/Joshua A. Solite/
Law Clerk
Law Office 123
U.S. Patent & Trademark Office
(571) 272-3199
joshua.solite@uspto.gov
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 Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.