To: | e-dustry, inc. (jyang@edustryinc.com) |
Subject: | U.S. Trademark Application Serial No. 88597278 - POWERBOX - N/A |
Sent: | December 03, 2019 06:35:02 PM |
Sent As: | ecom116@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34 Attachment - 35 Attachment - 36 Attachment - 37 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88597278
Mark: POWERBOX
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Correspondence Address:
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Applicant: e-dustry, inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
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: December 03, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
The proposed mark is POWERBOX and Design for:
IC 009: hardwired power strips, under cabinet outlets, power outlet strips, power bars, plug strips, outlet strips, power taps, power outlets, power extension, power distribution units, electrical sockets, electric plugs
POWER is defined as:
6a : a source or means of supplying energy
especially : electricity
“power” Merriam-Webster (2019) http://www.merriam-webster.com/. Retrieved December 3, 2019. See attachment.
BOX is defined as:
4 : a box or boxlike container and its contents: such as
a : a usually self-contained piece of electronic equipment
“box” Merriam-Webster (2019) http://www.merriam-webster.com/. Retrieved December 3, 2019. See attachment.
The wording POWERBOX describes the goods, which are in the form of a box for providing power.
Applicant should note the following additional ground for refusal.
SECTION 2(d) REFUSAL – 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.
CONFUSION BASED ON REGISTRATION NO. 4685500
The proposed mark is POWERBOX and Design for:
IC 009: hardwired power strips, under cabinet outlets, power outlet strips, power bars, plug strips, outlet strips, power taps, power outlets, power extension, power distribution units, electrical sockets, electric plugs
The registered mark is POWERBOX in standard characters for:
IC 009: chargers for USB mobile devices; Rechargeable batteries integrated into a protective case or housing with an electrical connector for use with mobile electronic devices, namely, mobile phones, smartphones, electronic book readers, tablet computers, MP3 players, wireless headsets for use with cellular phones and computers, digital audio and video players, handheld computers, personal digital assistants, electronic organizers, electronic notepads, and cameras.
The marks are similar and create the same general impression due to the identical term POWERBOX in the marks. In addition, both marks contain the wording POWERBOX inside a rectangle, adding to the similarity of the marks.
The parties provide related electrical power goods.
Consumers who encounter the parties’ similar marks used on their related goods are likely to be confused about the source of the goods.
CONFUSION BASED ON REGISTRATION NO. 4000167
The proposed mark is POWERBOX and Design for:
IC 009: hardwired power strips, under cabinet outlets, power outlet strips, power bars, plug strips, outlet strips, power taps, power outlets, power extension, power distribution units, electrical sockets, electric plugs
The registered mark is POWERBOX and design for:
IC 009: Circuit breaker panel boards; Connecting electrical cables; Electric cables; Electric control panels; Electrical cables for use in connections; Electrical distribution boxes; Electrical distribution systems, namely, power distribution panels; Electrical power distribution units; Electronic timers; Power distributing boxes; Timers
The marks are similar and create the same general impression due to the identical term POWERBOX in the marks. In addition, both marks contain the wording POWERBOX inside a rectangle, adding to the similarity of the marks.
The parties provide identical and related electrical power goods.
Consumers who encounter the parties’ similar marks used on their identical and related goods are likely to be confused about the source of the goods.
CONFUSION BASED ON REGISTRATION NO. 2181821
The proposed mark is POWERBOX and Design for:
IC 009: hardwired power strips, under cabinet outlets, power outlet strips, power bars, plug strips, outlet strips, power taps, power outlets, power extension, power distribution units, electrical sockets, electric plugs
The registered mark is POWERBOX in typed form for:
IC 009: electrical power supplies, convertors, invertors and parts therefor, electronic instrument cases, electronic instrument cabinets, electronic instrument racks
The marks are similar and create the same general impression due to the identical term POWERBOX in the marks.
The parties provide identical and related electrical power goods.
Consumers who encounter the parties’ similar marks used on their identical and related goods are likely to be confused about the source of the goods.
EARLIER FILED CONFLICTING APPLICATIONS
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
DESCRIPTION OF THE MARK
The following description is suggested, if accurate:
The mark consists of the stylized wording “POWERBOX” inside a black rectangle, with “POWER” in black, “BOX” in green, and the background of the rectangle in white.
SUGGESTED IDENTIFICATION OF GOODS
Applicant may substitute the following wording, if accurate:
IC 009: Electrical power devices, namely, hardwired power strips, under cabinet electrical outlets, power electrical outlet strips, electrical power strip bars, electrical plug strips, electrical outlet strips, electrical power taps, electrical power outlets, electrical power extension cords, electrical power distribution units, electrical sockets, and electric plugs
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
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.
How to respond. Click to file a response to this nonfinal Office action.
/Ellen Awrich/
Trademark Examining Attorney
Law Office 116
571-272-9123
ellen.awrich@uspto.gov
RESPONSE GUIDANCE