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)

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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. 88389909 INDI (Stylized and/or with Design, see http://uspto.report/TM/88389909/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: INDI (Stylized and/or with Design, see http://uspto.report/TM/88389909/mark.png)
Proposed: INDI (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the term "INDI" using custom design characters, including seven black-color identical-width vertical bars, some of which are connected and some of which have slanted ends, on a white background.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Action dated June 14, 2019 asserts that the applied-for mark is likely to cause confusion with registered marks INDY, INDY VOYAGEUR, and INDIE. The applicant respectfully disagrees, particularly in light of the change to the class description submitted herewith. The registered marks INDY and INDY VOYAGEUR are for snowmobiles and structural parts thereof, and the registered mark INDIE is for bicycles and and structural parts thereof. The applied-for mark is for electrically- powered vehicles, namely electric cars. This class description is very different from those of the cited registered marks, and the applicants submit that registration of the applied-for mark (INDI) for electric cars would be very unlikely to cause any confusion with INDY, INDY VOYAGEUR (snowmobiles and structural parts thereof), or INDIE (bicycles and and structural parts thereof). The channels of trade for the registered marks are very different from electric cars, and a consumer is unlikely to either: a) encounter the applied-for mark when shopping for the products covered by the registered marks, or vice versa; or b) confuse the source of goods for the applied-for mark as being from an owner of one of the registered marks, or vice versa. In addition, the applied-for mark (INDI), while phonetically similar to INDY, INDIE, and the first part of INDY VOYAGEUR, also includes the appearance of the mark (the term "INDI" using custom design characters, including seven black-color identical-width vertical bars, some of which are connected and some of which have slanted ends, on a white background). The design appearance of the applied-for mark is extremely different from that of any of the cited registered marks, and the applicants submit that a consumer would recognize the applied-for mark (INDI) as being distinct from the cited registered marks (INDY, INDIE, and INDY VOYAGEUR) even if they were hypothetically in the same channel of trade, which they are not (as discussed above). Accordingly, the applicants submit that the applied-for mark is plainly not so similar to any of the registered marks that it would be likely that consumers would be confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties. That is, the applicants submit that the applied-for mark should not be refused under Trademark Act Section 2(d) (15 U.S.C. 1052(d)) and, instead, the applied-for mark should be registered.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Electric vehicles, namely, passenger vehicles; Electric drives for vehicles; Electrically-powered motor vehicles; Land vehicles, namely, low-speed electric vehicles
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Electric vehicles, namely, passenger vehicles; Electrically-powered motor vehicles, namely electric cars; Electric drives for vehicles; Electrically-powered motor vehicles; Land vehicles, namely, low-speed electric vehiclesClass 012 for Electrically-powered motor vehicles, namely electric cars
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The applicant's current attorney information: Louis C. Frank. Louis C. Frank of SALIWANCHIK, LLOYD & EISENSCHENK, is located at

      3107 S.W. WILLISTON ROAD
      3107 S.W. WILLISTON ROAD
      GAINESVILLE, Florida 32611
      US
The docket/reference number is IEV.ITU3.

The phone number is 352-375-8100.

The fax number is 352-372-5800.

The email address is lcf@slepatents.com

The applicants proposed attorney information: Louis C. Frank. Louis C. Frank of SALIWANCHIK, LLOYD & EISENSCHENK, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3107 S.W. WILLISTON ROAD
      GAINESVILLE, Florida 32608
      United States
The docket/reference number is IEV.ITU3.

The phone number is 352-375-8100.

The fax number is 352-372-5800.

The email address is lcf@slepatents.com

Louis C. Frank submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: LOUIS C. FRANK. LOUIS C. FRANK of SALIWANCHIK, LLOYD & EISENSCHENK, is located at

      3107 S.W. WILLISTON ROAD
      3107 S.W. WILLISTON ROAD
      GAINESVILLE, Florida 32611
      US
The docket/reference number is IEV.ITU3.

The phone number is 352-375-8100.

The fax number is 352-372-5800.

The email address is lcf@slepatents.com

The applicants proposed correspondence information: Louis C. Frank. Louis C. Frank of SALIWANCHIK, LLOYD & EISENSCHENK, is located at

      3107 S.W. WILLISTON ROAD
      GAINESVILLE, Florida 32608
      United States
The docket/reference number is IEV.ITU3.

The phone number is 352-375-8100.

The fax number is 352-372-5800.

The email address is lcf@slepatents.com

SIGNATURE(S)
Response Signature
Signature: /LOUIS C. FRANK/     Date: 12/13/2019
Signatory's Name: Louis C. Frank
Signatory's Position: Attorney of record

Signatory's Phone Number: 352-375-8100

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    LOUIS C. FRANK
   SALIWANCHIK, LLOYD & EISENSCHENK
   3107 S.W. WILLISTON ROAD
   3107 S.W. WILLISTON ROAD
   GAINESVILLE, Florida 32611
Mailing Address:    Louis C. Frank
   SALIWANCHIK, LLOYD & EISENSCHENK
   3107 S.W. WILLISTON ROAD
   GAINESVILLE, Florida 32608
        
Serial Number: 88389909
Internet Transmission Date: Fri Dec 13 17:50:11 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019121317501193
7357-88389909-700d03b29e436a677acce587bc
c2274f21ec8a5798e9e6e647eef9683c6148cc7f
9-N/A-N/A-20191213165919976793