| 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 | 88429876 |
| LAW OFFICE ASSIGNED | LAW OFFICE 110 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88429876/mark.png |
| LITERAL ELEMENT | TROLLMASTER |
| 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) | |
|
The applicant, Marinetech Products, Inc., and Vadim Beznes, the owner of the cited registration, have been using their respective marks since January 1, 2014, almost six years, without encountering any instances of actual confusion. They both believe that, although outboard motor controls and fishing reels are complementary in that they are both used for fishing, they are dissimilar, unlikely to manufactured by the same manufacturing entity, unlikely to be offered for sale by a single small retailer, and unlikely to be found in the same department of a larger retailer. Marinetech and Mr. Beznes have entered into a coexistence agreement, a copy of which is being submitted with this response. The agreement includes a consent by Mr. Beznes, and makes reference to the absence of actual confusion and the dissimilarities mentioned above. In the agreement, Mr. Beznes acknowledges that the parties can use their marks on and in connection with fishing reels and remote controls for throttles and power steering systems in marine outboard motors respectively without creating a likelihood of confusion. We submit that this acknowledgment by the owner of the cited registration constitutes evidence of the absence of a likelihood of confusion and that the acknowledgement, and the coexistence agreement as a whole, support the approval of the applicant’s mark for publication and ultimate registration |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_1084247236-20191025111213317158_._coexistence_agreement_Marinetech.pdf |
| CONVERTED PDF FILE(S) (5 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\298\88429876\xml4\ROA0002.JPG |
| \\TICRS\EXPORT17\IMAGEOUT17\884\298\88429876\xml4\ROA0003.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\884\298\88429876\xml4\ROA0004.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\884\298\88429876\xml4\ROA0005.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\884\298\88429876\xml4\ROA0006.JPG | |
| DESCRIPTION OF EVIDENCE FILE | coexistence agreement |
| ATTORNEY SECTION (current) | |
| NAME | George A. Smith, Jr. |
| ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
| YEAR OF ADMISSION | NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
| FIRM NAME | HOWSON & HOWSON LLP |
| INTERNAL ADDRESS | BLDG. 620, SUITE 210 |
| STREET | 350 SENTRY PARKWAY |
| CITY | BLUE BELL |
| STATE | Pennsylvania |
| POSTAL CODE | 19422 |
| COUNTRY | US |
| PHONE | 215-540-9200 |
| FAX | 215 540 5818 |
| docketing@howsoniplaw.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| DOCKET/REFERENCE NUMBER | MTPTRLMS |
| ATTORNEY SECTION (proposed) | |
| NAME | George A. Smith, Jr. |
| ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
| YEAR OF ADMISSION | XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
| FIRM NAME | HOWSON & HOWSON LLP |
| INTERNAL ADDRESS | Suite 160, 5 Sentry East |
| STREET | 325 SENTRY PARKWAY |
| CITY | BLUE BELL |
| STATE | Pennsylvania |
| POSTAL CODE | 19422 |
| COUNTRY | United States |
| PHONE | 215-540-9200 |
| FAX | 215 540 5818 |
| docketing@howsoniplaw.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| DOCKET/REFERENCE NUMBER | MTPTRLMS |
| OTHER APPOINTED ATTORNEY | Mary E. Bak, Cathy A. Kodroff, Colleen Schaller, Kathleen Rigaut and Francis Coffey |
| CORRESPONDENCE SECTION (current) | |
| NAME | GEORGE A. SMITH, JR. |
| FIRM NAME | HOWSON & HOWSON LLP |
| INTERNAL ADDRESS | BLDG. 620, SUITE 210 |
| STREET | 350 SENTRY PARKWAY |
| CITY | BLUE BELL |
| STATE | Pennsylvania |
| POSTAL CODE | 19422 |
| COUNTRY | US |
| PHONE | 215-540-9200 |
| FAX | 215 540 5818 |
| docketing@howsoniplaw.com; gasmith@howsoniplaw.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| DOCKET/REFERENCE NUMBER | MTPTRLMS |
| CORRESPONDENCE SECTION (proposed) | |
| NAME | George A. Smith, Jr. |
| FIRM NAME | HOWSON & HOWSON LLP |
| INTERNAL ADDRESS | Suite 160, 5 Sentry East |
| STREET | 325 SENTRY PARKWAY |
| CITY | BLUE BELL |
| STATE | Pennsylvania |
| POSTAL CODE | 19422 |
| COUNTRY | United States |
| PHONE | 215-540-9200 |
| FAX | 215 540 5818 |
| docketing@howsoniplaw.com; gasmith@howsoniplaw.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| DOCKET/REFERENCE NUMBER | MTPTRLMS |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /George A. Smith, Jr./ |
| SIGNATORY'S NAME | George A. Smith, Jr. |
| SIGNATORY'S POSITION | Attorney of record, PA bar member |
| SIGNATORY'S PHONE NUMBER | 215 540 9200 |
| DATE SIGNED | 10/25/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Oct 25 11:22:53 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XXX.X.XXX.XXX-2 0191025112253956584-88429 876-6107e577c181d042182ad 0ff6e265128d3247325c1a17e bac8cfda0197072e-N/A-N/A- 20191025111213317158 |
| 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) |
The applicant, Marinetech Products, Inc., and Vadim Beznes, the owner of the cited registration, have been using their respective marks since January 1, 2014, almost six years, without encountering any instances of actual confusion. They both believe that, although outboard motor controls and fishing reels are complementary in that they are both used for fishing, they are dissimilar, unlikely to manufactured by the same manufacturing entity, unlikely to be offered for sale by a single small retailer, and unlikely to be found in the same department of a larger retailer. Marinetech and Mr. Beznes have entered into a coexistence agreement, a copy of which is being submitted with this response. The agreement includes a consent by Mr. Beznes, and makes reference to the absence of actual confusion and the dissimilarities mentioned above. In the agreement, Mr. Beznes acknowledges that the parties can use their marks on and in connection with fishing reels and remote controls for throttles and power steering systems in marine outboard motors respectively without creating a likelihood of confusion. We submit that this acknowledgment by the owner of the cited registration constitutes evidence of the absence of a likelihood of confusion and that the acknowledgement, and the coexistence agreement as a whole, support the approval of the applicant’s mark for publication and ultimate registration
