To: | Lin, Guofeng (Monica_Webbdavtm@hotmail.com) |
Subject: | U.S. Trademark Application Serial No. 88553320 - EMOO - N/A |
Sent: | October 11, 2019 11:25:53 AM |
Sent As: | ecom105@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88553320
Mark: EMOO
|
|
Correspondence Address: |
|
Applicant: Lin, Guofeng
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: October 11, 2019
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
LIKELIHOOD OF CONFUSION:
Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis: (1) the similarities between the compared marks and (2) the relatedness of the compared goods and/or services. See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01.
Applicant’s mark is EMOO for “Battery-operated lint removers; Bento boxes; Cleaning brushes for household use; Combs; Containers for household or kitchen use; Cups; Drinking vessels; Electric face cleansing brushes; Electric tooth brushes; Electric toothbrush replacement heads; Grooming tools for pets, namely, combs and brushes; Make-up brushes; Make-up removing appliances; Non-electric coffee makers; Non-electric kettles; Oven mitts; Paper and plastic cups; Tooth brushes; Wine openers.”
The cited marks are:
EMO for “Household and kitchen utensils and containers, namely, pot and pan scrapers, rolling pins, spatulas, turners, whisks, pans, non-electric cooking pots and pans, non-electric pressure cookers, non-electric kettles; combs and sponges for household purposes; cleaning brushes for household use; brush-making materials; articles for cleaning purposes, namely, steelwool; unworked or semi-worked glass; glassware, porcelain and earthenware, namely, figurines of glass, porcelain, and earthenware; household consumer goods, namely, buckets, flat-iron stands, glove stretchers, ironing boards, clothes racks, for drying; cooking utensils, namely, grills; cleaning supplies, namely, cleaning cloths; household porcelain, namely, porcelain mugs; household glassware, namely, drinking glasses; tableware, namely, coffee and tea services or cake plates; heat insulated containers for household use” and goods. (Reg. No. 4685555).
EMO SALUD for “Household and kitchen utensils and containers, namely, pot and pan scrapers, rolling pins, spatulas, turners, whisks, pans, non-electric cooking pots and pans, non-electric pressure cookers, non-electric kettles; combs and sponges for household purposes; cleaning brushes for household use; brush-making materials; articles for cleaning purposes, namely, steelwool; unworked or semi-worked glass; glassware, porcelain and earthenware, namely, figurines of glass, porcelain, and earthenware; household consumer goods, namely, buckets, flat-iron stands, glove stretchers, ironing boards, clothes racks, for drying; cooking utensils, namely, grills; cleaning supplies, namely, cleaning cloths; household porcelain, namely, porcelain mugs; household glassware, namely, drinking glasses; tableware, namely, coffee and tea services or cake plates; heat insulated containers for household use” and goods. (Reg. No. 4928491).
Both registrations are owned by Emoh Home Corp.
Applicant’s and registrant’s marks are highly similar. Applicant has simply adopted registrant’s EMO portion and added an extra letter “O” at the end.
The goods of the respective parties are closely related. For example, both parties sell cleaning brushes for household use, combs, and household and kitchen related containers.
For the reasons discussed above, registration is refused pursuant to Section 2(d) of the Trademark Act.
RESPONSE:
U.S.-LICENSED ATTORNEY REQUIRED:
Applicant must be represented by a U.S.-licensed attorney. An applicant whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory. 37 C.F.R. §§2.11(a), 11.14; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019) An individual applicant’s domicile is the place a person resides and intends to be the person’s principal home. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. A juristic entity’s domicile is the principal place of business; i.e., headquarters, where a juristic entity applicant’s senior executives or officers ordinarily direct and control the entity’s activities. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. Because applicant is foreign-domiciled, applicant must appoint such a U.S.-licensed attorney qualified to practice under 37 C.F.R. §11.14 as its representative before the application may proceed to registration. 37 C.F.R. §2.11(a). See Hiring a U.S.-licensed trademark attorney for more information.
To appoint a U.S.-licensed attorney. To appoint an attorney, applicant should submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form. The newly-appointed attorney must submit a TEAS Response to Examining Attorney Office Action form indicating that an appointment of attorney has been made and address all other refusals or requirements in this action, if any. Alternatively, if applicant retains an attorney before filing the response, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.
How to respond. Click to file a response to this nonfinal Office action
/Simon Teng/
Simon Teng
Trademark Examining Attorney
Law Office 105
(571) 272-4930
simon.teng@uspto.gov
RESPONSE GUIDANCE