| 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 1960 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88299903 |
| LAW OFFICE ASSIGNED | LAW OFFICE 130 |
| MARK SECTION | |
| MARK | mark |
| LITERAL ELEMENT | ANCHOR |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| OWNER SECTION (current) | |
| NAME | Dr. Organics LLC |
| MAILING ADDRESS | 566 7th Avenue, suite 804 |
| CITY | New York |
| STATE | New York |
| ZIP/POSTAL CODE | 10018 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| OWNER SECTION (proposed) | |
| NAME | Dr. Organics LLC |
| MAILING ADDRESS | 566 7th Avenue, suite 804 |
| CITY | New York |
| STATE | New York |
| ZIP/POSTAL CODE | 10018 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| XXXX | |
| ARGUMENT(S) | |
|
Applicant states there is no likelihood of confusion. The cited registration and applicant’s have different sources and origins; the Examining Attorney should withdraw her refusal of registration under Section 2(d). The mere possibility that relevant consumers might relate the two different marks does not meet the statutorily established test of likelihood of confusion. E.g., In re Hughes Aircraft Company, 222 U.S.P.Q. 263, 264 (TTAB 1984) ("the Trademark Act does not preclude registration of a mark where there is a possibility of confusion as to source or origin, only where such confusion is likely") (emphasis added). In addition applicant has acquired distinctiveness in the marketplace for its “Anchor” and consumers are able to distinguish its product from the cited registrations; Anchor has become distinctive as applied to the applicant’s goods or services in commerce and therefore has impressed its own commercial impression on the marketplace. |
|
| CORRESPONDENCE INFORMATION (current) | |
| NAME | Rima Elzein |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | elzeinrima@yahoo.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | elzeinrima@yahoo.com |
| CORRESPONDENCE INFORMATION (proposed) | |
| NAME | Rima Elzein |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | elzeinrima@yahoo.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | elzeinrima@yahoo.com |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /s/Rima Elzein/s/ |
| SIGNATORY'S NAME | Rima Elzein |
| SIGNATORY'S POSITION | Attorney |
| SIGNATORY'S PHONE NUMBER | 3134454011 |
| DATE SIGNED | 05/27/2020 |
| AUTHORIZED SIGNATORY | YES |
| CONCURRENT APPEAL NOTICE FILED | NO |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed May 27 13:49:23 ET 2020 |
| TEAS STAMP | USPTO/RFR-XX.XX.XXX.XXX-2 0200527134923985741-88299 903-710e05797e9fa144f23b4 7a4eeddec188f2571149ad3bf 245a84de56bc367d6e84-N/A- N/A-20200527134502166455 |
| 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 1960 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Applicant states there is no likelihood of confusion. The cited registration and applicant’s have different sources and origins; the Examining Attorney should withdraw her refusal of registration under Section 2(d). The mere possibility that relevant consumers might relate the two different marks does not meet the statutorily established test of likelihood of confusion. E.g., In re Hughes Aircraft Company, 222 U.S.P.Q. 263, 264 (TTAB 1984) ("the Trademark Act does not preclude registration of a mark where there is a possibility of confusion as to source or origin, only where such confusion is likely") (emphasis added).
In addition applicant has acquired distinctiveness in the marketplace for its “Anchor” and consumers are able to distinguish its product from the cited registrations; Anchor has become distinctive as applied to the applicant’s goods or services in commerce and therefore has impressed its own commercial impression on the marketplace.