| To: | AAMP of Florida, Inc. (ip@fredlaw.com) |
| Subject: | U.S. Trademark Application Serial No. 88636765 - STINGER - N/A |
| Sent: | January 06, 2020 08:03:31 PM |
| Sent As: | ecom115@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
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U.S. Application Serial No. 88636765
Mark: STINGER
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Correspondence Address: 200 SOUTH 6TH STREET, SUITE 4000
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Applicant: AAMP of Florida, 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: January 06, 2020
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 1937900, 3771169, and 5454609. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registrations.
Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties. See 15 U.S.C. §1052(d). Likelihood of confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”). In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017). Only those factors that are “relevant and of record” need be considered. M2 Software, Inc. v. M2 Commc’ns, Inc., 450 F.3d 1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d 1350, 1353 (Fed. Cir. 2004)); see In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1744 (TTAB 2018).
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 “STINGER RUGGED” for “car stereo installation kits comprising a stereo, speakers, amplifier, equalizer, crossovers, speaker housings, radio signal tuners, antennas, steering wheel radio control interface, dash kits, and faceplates sold as a unit; surveillance cameras, monitoring boxes and security control boxes; home power conditioning and surge protection, namely, surge-protecting boxes, electric power regenerators, noise filters and power-line conditioners; automotive batteries; Automotive batteries designed exclusively for car audio power applications; radio signal detector and signal emitter; radar detectors; Automobile audio accessories, namely, distribution boxes, fuses, fuse blocks, fuse boxes, fuse panels, fuse holders, circuit breakers, insulators, capacitors, battery isolators, drivers and speaker enclosures, speaker panels, baffles, grills and speaker mounts, tweeter pods, banana plugs, all for the recording, transmission and reproduction of sound; Computer and video monitors, and computer and video monitor accessories, namely, hardware adapted for mounting computer and video monitors in vehicles, hardware adapted for mounting computer and video monitors to walls, cabinets and desktops, and hardware adapted for mounting computer and video monitors in airplanes; Audio devices, namely, amplifier integration interfaces, audio equalizers, audio interfaces, audio signal amplifiers, auxiliary input devices for automotive radios, radio interfaces, band-pass filters for use with audio circuits and speaker enclosures, bass blockers in the nature of a high pass filter that attenuates lower frequencies; Auxiliary input devices for automotive radios, namely, hardware for inputting electronics into car radio systems; CD changer interfaces, FM modulated audio receivers, FM modulated audio transmitters, high-pass filters; line output converters, lowpass filters, power resistors, radio frequency audio receivers, radio frequency audio transmitters, radio installation interfaces, RCA level attenuators, RCA level controller, Radio interfaces, volume controls; noise control, namely, antenna ground loop isolators, choke filters, filtering capacitors, power lead filters; cell phone devices, namely, telecommunication exchangers, cell phone interfaces, charge cords, door lock interfaces; portable electronic interfaces, namely, PDA interfaces, portable video player interfaces; receive amplifiers; timers; audio timers; Interfaces to facilitate the use of after-market electronics through existing car communication systems, namely, game system interfaces; Audio- and video-receivers; telecommunication transmitters; telecommunication receivers; RCA level input attenuators used for attenuating input signal to improve the signal quality; volume controls used to control the volume and fine tuning of RCA level signal; battery; Digital audio converter used to convert between analog and digital audio signal; Theft prevention installations, electric; Remote control apparatus for vehicle use; Electric locks; Hands free kits for phones; devices for hands-free use of mobile phones; electronic display interfaces, namely, USB audio and media interfaces for automotive radios, digital media interfaces for automotive radios; wireless audio and digital media for automotive radios, namely, downloadable audio and video files and pre-recorded digital media featuring music; audio and video equipment, their parts and accessories, namely, line drivers, amplifiers, speakers, bass speakers in the form of cubes, crossovers, graphic equalizers, fuse blocks, distribution blocks, attenuators, transmitters, distribution panels, audio circuit isolators, distribution panels, volume controls, audio and video controller, electronic crossover, stereo equalizer, plugs, pickup, combiners, isolators, power distribution or control machines and apparatus; Audio equipment for home use and audio equipment for mobile use, namely, speakers, receivers, tuners, amplifiers, media players, digital media players and electronic media players, audio controls, video controls, audio-video controls; audio and video equipment, their parts and accessories, namely, transmitters, electric, power distribution or control machines and apparatus; Amplifiers, speakers, audio and audio controller, line drivers, electronic crossover, stereo equalizer, plugs, pickup, radio operator receivers, stereophony; audio signal distribution products namely, signal processors; Digital signal processors, audio devices, namely, line drivers; Security devices, namely, industrial automation and process control signal transmission; keyless entry systems, namely, electronic programmable keyless activation unlocking system comprised of a microprocessor, signal detector and signal emitter; Short range radio interfaces for mobile devices; MP3 player accessories and MP3 player interface kits comprising player electrical power cord and player transmitters; Audiovisual devices, namely, video processors; Video signal distribution products, namely, video transmission apparatus; Computer operating systems; loudspeaker systems; loudspeakers; infrared camera repeaters; infrared camera transmitters; pulse generators for testing electric current; and devices for hands-free use of mobile phones; Mobile audio interfacing equipment, namely, crossovers, batteries, MP3 integration, line output converters, diodes and antenna adapters, noise filters, electronic testing equipment for testing the mobile audio interfacing equipment, trigger modules, and navigation and video interfacing equipment; portable-digital electronic device accessories and interfacing, namely, MP3 player accessories and MP3 player interfaces consisting of player cords, player transmitters, MP3 player transmitters, MP3 player interfaces, Personal Digital Assistants interfaces, portable video player interfacing; portable-electronic interfaces, namely, PDA interfaces, portable video player interfacing; MP3 player accessories, namely, speakers, earpieces, harness and interfaces to facilitate mobile and automotive use of MP3 players, and MP3 player interface kits comprising player electrical power cord; Automatic regulator for vehicle sound; Vehicle radios; Sound transmitting apparatus; Sound transmitting apparatus for vehicles; system control interfaces for automobiles, namely, all-in-one triggers, databus interfaces, IR repeaters, IR transmitters, low voltage triggers, pulse generators, steering wheel interfaces, timers; audio/visual tools for automobiles, namely, data analyzers; radio removal tools for automobiles, namely, electric line filters, signal analyzers; sound amplifiers; reverse sensing system, namely, alarm attached to motorized vehicles to alert drivers of objects behind the vehicle; Reverse sensing system, namely, a detector and alarm for detecting, determining the distance and warning of objects from a vehicle; Cameras, sensors, monitor, alarms, mirrors, and accessories in the field of driver assistance; Cameras, sensors, monitors, alarms, mirrors; Automotive and transportation sensors for vehicles, namely, parking and locational sensors for automobiles; Full line of security devices for automobiles, namely, databus door lock interfaces, keyless entry systems comprised of remote controls to open and close doors, electronic timers; vehicle accessories, namely, global positioning satellite navigation systems, smart phone integration systems comprising in car navigation, in dash navigation, smartphone redisplay, mobile phone redisplay, GPS rearview mirror, backup monitor mirror, automotive audio/video interface, controller area network bus audio/video interface, gigabit video interface audio/video interface, global positioning satellite navigation computers, video resolution scaling devices, automatic touch screen monitors, touch screen overlays, high definition multimedia interface to RGB video convertors, standard video convertors; Vehicle accessories, namely, audio and visual entertainment systems comprising rear headrest monitors, rear headrest DVD monitors, rear seat entertainment, flip down DVD players, head rests, touchscreen monitors, non-touchscreen monitors, DVD players; Vehicle accessories, namely, camera systems to assist driver in viewing behind the vehicle comprising back-up monitor mirror, rear camera display mirror, back-up cameras, front-mount cameras, side-mount cameras, parking assist sensors and audio/video interfaces; Vehicle accessories, namely, vehicle tracking devices and digital audio and visual recording devices, namely, vehicle global positioning satellite tracker, trailer global positioning satellite tracker, personal global positioning satellite tracker, spy tracker, global positioning satellite receiver and integrated software, batteries for system components, digital video and audio recorders, multi-channel automotive DVR system, cameras, wireless remote controls, component hard drive storage, component SD storage and component SIM card port; lighting; car replacement parts” in International Class 9.
The mark in U.S. Registration No. 1937900 is “STINGER” for “anti-theft automotive devices, namely automotive anti-theft alarms, electronic sensors, electronic sirens, remote control transmitters and receivers and parts for the alarms and the sirens sold as a unit and sold through automotive security installers” in International Class 12.
The mark in U.S. Registration No. 3771169 is “STINGERZ” for “LED lighting for motorcycles, boats and automotive” in International Class 11.
The mark in U.S. Registration No. 5454609 is “STINGER” for “passenger cars; sports cars” in International Class 12.
Comparison of the Marks
In a likelihood of confusion determination, the marks in their entireties
are compared for similarities in appearance, sound, connotation, and commercial impression. In re i.am.symbolic, llc, 866 F.3d 1315, 1323, 123
USPQ2d 1744, 1748 (Fed. Cir. 2017); Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); In re E. I. du Pont de Nemours
& Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b)-(b)(v). “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.” In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP
§1207.01(b).
In the present case, applicant’s mark is STINGER and the marks in Registration Nos. 1937900 and 5454609 are each STINGER. These marks are identical in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.” In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017). Additionally, because they are identical, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods and/or services. Id.
Therefore, the marks are confusingly similar.
For the aforementioned reasons, consumers are likely to mistakenly believe that applicant’s and registrants’ respective marks identify the same source. Thus, the marks are confusingly similar.
Comparison of the Goods
In this case, the application uses broad wording to describe “car lighting; marine lighting,” which presumably encompasses all goods of the type described, including registrant’s narrower “LED lighting for boats and automotive” in Registration No. 3771169. See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015). Thus, applicant’s and registrant’s goods are legally identical. See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).
Additionally, the goods and/or services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). Thus, applicant’s and registrant’s goods are related.
For the foregoing reasons, registration is refused under Section 2(d) of the Trademark Act.
ADVISORY: PRIOR-FILED APPLICATION
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 mark in the referenced application. 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.
IDENTIFICATION OF GOODS REQUIREMENT
Applicant may substitute the following wording, if accurate:
Class 9: automotive radios; car audio electronics, namely, speakers, subwoofers, amplifiers; car safety-warning lights, namely, strobes, rotating lights and bar lights; marine safety-warning lights, namely, strobes, rotating lights and bar lights; marine radios; radios for powersports vehicles
Class 11: lighting apparatus for cars; lighting apparatus for marine vehicles;
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least two classes; however, applicant submitted a fee sufficient for only one class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
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.
/Jim Hill/
James Hill
Examining Attorney
Law Office 115, USPTO
(571) 270-5682
james.hill@uspto.gov
RESPONSE GUIDANCE
