| 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 | 88287253 |
| LAW OFFICE ASSIGNED | LAW OFFICE 123 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88287253/mark.png |
| LITERAL ELEMENT | WORK |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| COLOR(S) CLAIMED (If applicable) |
The color(s) black and red is/are claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of the word WORK including a stylized font between a stylized image of barbell weights with a red letter O. |
| ARGUMENT(S) | |
| Response to Office Action: ISSUES: 1. Likelihood of confusion. 2. Prior filed application. 3. Mark description amendment. Response to Issue #1 - Likelihood of confusion: Registration #4027810 is for the word WORK as a standard character mark. There is no registration for the font or the design or the style or the coloring of the word WORK. Applicant rather, created a very specific font and design and coloring that is unique and easily recognizable as something very different from just the plain word WORK. Applicant's mark gives the overall impression of a barbell not just the single word WORK. The overall appearance of applicant's mark is very different from that previously registered as the dominant impression is that of a barbell not just a word. Registration #4988513 is for a mark - WERQ. This mark is not a word in the English dictionary and looks nothing like the applicant's word WORK. As this mark is not a real word, it is unknown how the prior registration's mark is pronounced, so the argument that it sounds similar to the applicant's word is not valid. This prior registration does not include any font or design or style or coloring claimed in its mark. The arguments above for the other previous registration apply here as well. The previous registrations goods and services are very different from applicant's. The Work Registration Is Predominantly for Headgear. The WERQ registration is predominantly for exercise classes. Both prior registrations are so different and look an overall impression that they would not be confused with applicant's Mark even if it was on the same type of good. Response to Issue #2 - Prior filed application: The prior filed application that is pending is significantly different from applicant's mark in all the ways as described and argued above in the response to issue #1. As the application is pending. Applicant reserves the right to respond to this issue further in the future. Response to Issue #3 - Mark description amendment: The applicant's Mark description is amended as follows: The mark consists of a stylized barbell. It includes the stylized wording "WORK", with the letters "W", "R", and "K" in black and with the letter "O" in red. The wording forms the handle of a stylized black barbell. | |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use WORK apart from the mark as shown. |
| COLOR(S) CLAIMED (If applicable) |
The color(s) black and red is/are claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a stylized barbell. It includes the stylized wording "WORK", with the letters "W", "R", and "K" in black and with the letter "O" in red. The wording forms the handle of a stylized black barbell. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /William M. Riddick/ |
| SIGNATORY'S NAME | William M. Riddick |
| SIGNATORY'S POSITION | Owner |
| SIGNATORY'S PHONE NUMBER | 2104159778 |
| DATE SIGNED | 10/14/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Oct 14 14:04:54 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XXX- 20191014140454355100-8828 7253-610a2c9945f6d55edfe2 42211df86cf9ae4417e8871a9 e41be38ba35c3d591561-N/A- N/A-20191014120745743061 |
| 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) |