Response to Office Action

CURSOR

ESYPOS INTERNATIONAL LLC

Response to Office Action

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88345929
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88345929/mark.png
LITERAL ELEMENT CURSOR
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) red, white and blue is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of 'CURSOR' logo is made with letter CURSOR. All letters are white except the letter 'O'. Letter 'O' and the line around the first letter 'C' along with the arrow are red.
OWNER SECTION (current)
NAME SHROFF ANIKET
DBA/AKA/TA/Formerly DBA CURSOR
INTERNAL ADDRESS 1620, Worccster Road
STREET B133
CITY Framingham,
STATE Massachusetts
ZIP/POSTAL CODE 01702
COUNTRY United States
PHONE 845-542-8155
EMAIL XXXX
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OWNER SECTION (proposed)
NAME ESYPOS INTERNATIONAL LLC
DBA/AKA/TA/Formerly DBA CURSOR
STREET 140 Christina Landing Drive
CITY Wilmington
STATE Delaware
ZIP/POSTAL CODE 19801
COUNTRY United States
PHONE 845-542-8155
EMAIL XXXX
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use Cursor apart from the mark as shown.
COLOR(S) CLAIMED
(If applicable)
The color(s) white, blue 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 stylized wording CURSOR in white except for the O in red, with a red incomplete curved square in red around the C and a red cursor at the bottom right of the square, all on a blue background.
MISCELLANEOUS STATEMENT Section 2(d) Partial Refusal - Likelihood of Confusion Comparison of the Marks The wording is not identical in appearance, sound and meaning. While they could be pronounced similarly, the tone and sound with which they are pronounced would be different due to different tones and different syllabus in the name. Also, the appearance is different due to the formation and the color and design used. Two words could have same spelling but different meanings. Since, they two look drastically different, sound different, and have different connotation and association, there would not be a confusion as to the association of the product. Comparison of the Goods Blank electronic storage media excludes the compact disk and blank optical disk. Blank electronic storage media includes Hard drive, flash drive and other drive media storage and not disk media storage. The purchaser of a compact disk and a blank electronic drive are different class of purchasers and therefore the applicant and the registrant's goods and services are not related. The buyer would not have a confusion as to the source of the goods and the registrant would not be impacted because the class of purchasers are different. Also, the since the consumers are different and the class of storage device are different, the consumer would not be confused that the goods are from a common source Amended Identification of Goods Required Electronic apparatus, namely, electronic display boards, plasma display boards, electronic display screens; Electronic cables; Electronic components for computers; Electronic computers; Electronic controllers used to reduce power consumption; Electronic device to charge and secure tablet PCs; ; Electronic Backup Uninterrupted Power Supply; Electronic digital signboards; Electronic equipment for point-of-sales (POS) systems, namely, point-of-sale terminals, bar code readers, optical readers, advertisement display monitors, keyboards, printers, scanners, radio transmitters, radio receivers, computer hardware, and computer operating software; Electronic hubs for connecting mouse, keyboard in an automobile; Electronic memories; Electronic scalers for audio and video signals; Electronic switchers for audio and video signals; Electronic video surveillance products, namely, electronic components of security systems; Electronic weighing scales for kitchen use; Blank electronic storage media; Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, speakers; Cases for music, audio and related electronic equipment, namely, cases for audio tuners, audio receivers, amplifiers, tape players, compact disc players, MP3 controllers/players, audio mixers, audio speakers in the nature of music studio monitors, microphones, audio speakers, compact discs, audio tapes, portable computers, antennas, phonographic record players, audio recording equipment, and the cables associated with all of the foregoing equipment; Electric and electronic video surveillance installations; Clarification of Owner Required The applicant is a limited liability company. The name of the limited liability company is ESYPOS INTERNATIONAL LLC, and is incorporated in New York, USA.
CORRESPONDENCE SECTION (current)
NAME SHROFF ANIKET
FIRM NAME SHROFF ANIKET
INTERNAL ADDRESS 1620, WORCCSTER ROAD
STREET B133
CITY FRAMINGHAM,
STATE Massachusetts
POSTAL CODE 01702
COUNTRY US
PHONE 845-542-8155
EMAIL aniket@esypos.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Shroff Aniket
FIRM NAME ESYPOS INTERNATIONAL LLC
INTERNAL ADDRESS 140 Christina Landing Drive
STREET 140 Christina Landing Drive
CITY Wilmington
STATE Delaware
POSTAL CODE 19801
COUNTRY United States
PHONE 845-542-8155
EMAIL aniket@esypos.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Aniket Shroff/
SIGNATORY'S NAME Aniket Shroff
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 8455428155
DATE SIGNED 11/30/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sat Nov 30 23:57:22 EST 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0191130235722382482-88345
929-70037623573df7a227c35
9d4277498cd3af01b80f0e8f0
4a60a6fbadbca534d48-N/A-N
/A-20191130234516716600



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)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 88345929 CURSOR (Stylized and/or with Design, see http://uspto.report/TM/88345929/mark.png) has been amended as follows:

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: SHROFF ANIKET, DBA CURSOR, a limited liability company legally organized under the laws of New York, having an address of
      
      1620, Worccster RoadB133
      Framingham,, Massachusetts 01702
      United States

      XXXX (authorized)
      845-542-8155
Proposed: ESYPOS INTERNATIONAL LLC, DBA CURSOR, a limited liability company legally organized under the laws of New York, having an address of
      
      140 Christina Landing Drive
      Wilmington, Delaware 19801
      United States
      XXXX (authorized)
      845-542-8155

The applicant's current correspondence information: SHROFF ANIKET. SHROFF ANIKET of SHROFF ANIKET, is located at

      1620, WORCCSTER ROAD
      B133
      FRAMINGHAM,, Massachusetts 01702
      US

The phone number is 845-542-8155.

The email address is aniket@esypos.com

The applicants proposed correspondence information: Shroff Aniket. Shroff Aniket of ESYPOS INTERNATIONAL LLC, is located at

      140 Christina Landing Drive
      140 Christina Landing Drive
      Wilmington, Delaware 19801
      United States

The phone number is 845-542-8155.

The email address is aniket@esypos.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Cursor apart from the mark as shown.


Color Claim
The color(s) white, blue and red is/are claimed as a feature of the mark.

Description of mark
The mark consists of the stylized wording CURSOR in white except for the O in red, with a red incomplete curved square in red around the C and a red cursor at the bottom right of the square, all on a blue background.

Miscellaneous Statement
Section 2(d) Partial Refusal - Likelihood of Confusion Comparison of the Marks The wording is not identical in appearance, sound and meaning. While they could be pronounced similarly, the tone and sound with which they are pronounced would be different due to different tones and different syllabus in the name. Also, the appearance is different due to the formation and the color and design used. Two words could have same spelling but different meanings. Since, they two look drastically different, sound different, and have different connotation and association, there would not be a confusion as to the association of the product. Comparison of the Goods Blank electronic storage media excludes the compact disk and blank optical disk. Blank electronic storage media includes Hard drive, flash drive and other drive media storage and not disk media storage. The purchaser of a compact disk and a blank electronic drive are different class of purchasers and therefore the applicant and the registrant's goods and services are not related. The buyer would not have a confusion as to the source of the goods and the registrant would not be impacted because the class of purchasers are different. Also, the since the consumers are different and the class of storage device are different, the consumer would not be confused that the goods are from a common source Amended Identification of Goods Required Electronic apparatus, namely, electronic display boards, plasma display boards, electronic display screens; Electronic cables; Electronic components for computers; Electronic computers; Electronic controllers used to reduce power consumption; Electronic device to charge and secure tablet PCs; ; Electronic Backup Uninterrupted Power Supply; Electronic digital signboards; Electronic equipment for point-of-sales (POS) systems, namely, point-of-sale terminals, bar code readers, optical readers, advertisement display monitors, keyboards, printers, scanners, radio transmitters, radio receivers, computer hardware, and computer operating software; Electronic hubs for connecting mouse, keyboard in an automobile; Electronic memories; Electronic scalers for audio and video signals; Electronic switchers for audio and video signals; Electronic video surveillance products, namely, electronic components of security systems; Electronic weighing scales for kitchen use; Blank electronic storage media; Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, speakers; Cases for music, audio and related electronic equipment, namely, cases for audio tuners, audio receivers, amplifiers, tape players, compact disc players, MP3 controllers/players, audio mixers, audio speakers in the nature of music studio monitors, microphones, audio speakers, compact discs, audio tapes, portable computers, antennas, phonographic record players, audio recording equipment, and the cables associated with all of the foregoing equipment; Electric and electronic video surveillance installations; Clarification of Owner Required The applicant is a limited liability company. The name of the limited liability company is ESYPOS INTERNATIONAL LLC, and is incorporated in New York, USA.


SIGNATURE(S)
Response Signature
Signature: /Aniket Shroff/     Date: 11/30/2019
Signatory's Name: Aniket Shroff
Signatory's Position: Owner

Signatory's Phone Number: 8455428155

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    SHROFF ANIKET
   SHROFF ANIKET
   1620, WORCCSTER ROAD
   B133
   FRAMINGHAM,, Massachusetts 01702
Mailing Address:    Shroff Aniket
   ESYPOS INTERNATIONAL LLC
   140 Christina Landing Drive
   140 Christina Landing Drive
   Wilmington, Delaware 19801
        
Serial Number: 88345929
Internet Transmission Date: Sat Nov 30 23:57:22 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019113023572238
2482-88345929-70037623573df7a227c359d427
7498cd3af01b80f0e8f04a60a6fbadbca534d48-
N/A-N/A-20191130234516716600



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