| 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 | 88372138 |
| LAW OFFICE ASSIGNED | LAW OFFICE 107 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88372138/mark.png |
| LITERAL ELEMENT | FUSION |
| 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. |
| ARGUMENT(S) | |
|
In Response to the Section 2(d) Refusal based on an alleged likelihood of confusion with U.S. Registration No. 3,261,796 for "FUSION", Applicant submits that there is no likelihood of confusion. Applicant would like to thank the Examining Attorney for the phone call on July 11, 2019. Applicant has amended the identification of goods herewith as discussed with by the Examining Attorney. Registrant's and Applicant's goods are sold to highly sophisticated customers. Applicant uses Applicant's Mark in connection with goods related to wear resistant carbide valve pumps for industrial use in the oil and gas industry, thus, purchasers of Applicant's goods are sophisticated purchasers who require the resulting goods for industrial purposes. Likewise, the consumers who purchase the industrial use metal ball valves recited in the Cited Mark are sophisticated purchasers. Accordingly, buyers of Applicant's goods are not impulse buyers, but rather are highly sophisticated customers who will carefully select their items. As a result of the sophisticated customers and the interactive purchasing process, confusion is unlikely. Accordingly, Allowance of the subject application is respectfully requested. |
|
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 007 |
| DESCRIPTION | Valves for pumps |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 12/11/2018 |
| FIRST USE IN COMMERCE DATE | At least as early as 12/11/2018 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 007 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Wear resistant carbide valves for pumps for industrial use in the oil and gas industry | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 12/11/2018 |
| FIRST USE IN COMMERCE DATE | At least as early as 12/11/2018 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Christopher J. Owens/ |
| SIGNATORY'S NAME | Christopher J. Owens |
| SIGNATORY'S POSITION | Attorney of Record, PA Bar Member |
| SIGNATORY'S PHONE NUMBER | 412-694-7285 |
| DATE SIGNED | 07/19/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Jul 19 13:26:37 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 190719132637238836-883721 38-620ce70958f1f24dd25434 2c3d36e24f2a2b8c587b7c9a4 4ca353b8a7c5de59ed-N/A-N/ A-20190719132051837228 |
| 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) |
In Response to the Section 2(d) Refusal based on an alleged likelihood of confusion with U.S. Registration No. 3,261,796 for "FUSION", Applicant submits that there is no likelihood of confusion. Applicant would like to thank the Examining Attorney for the phone call on July 11, 2019. Applicant has amended the identification of goods herewith as discussed with by the Examining Attorney. Registrant's and Applicant's goods are sold to highly sophisticated customers. Applicant uses Applicant's Mark in connection with goods related to wear resistant carbide valve pumps for industrial use in the oil and gas industry, thus, purchasers of Applicant's goods are sophisticated purchasers who require the resulting goods for industrial purposes. Likewise, the consumers who purchase the industrial use metal ball valves recited in the Cited Mark are sophisticated purchasers. Accordingly, buyers of Applicant's goods are not impulse buyers, but rather are highly sophisticated customers who will carefully select their items. As a result of the sophisticated customers and the interactive purchasing process, confusion is unlikely. Accordingly, Allowance of the subject application is respectfully requested.