To: | Shanghai United Imaging Healthcare Co., ETC. (twang@nilawfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88713485 - DELTA - ACIP0812 |
Sent: | March 05, 2020 04:42:10 PM |
Sent As: | ecom110@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88713485
Mark: DELTA
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Correspondence Address: 8140 WALNUT HILL LANE, SUITE 500
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Applicant: Shanghai United Imaging Healthcare Co., ETC.
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Reference/Docket No. ACIP0812
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: March 05, 2020
The assigned examining attorney has reviewed the referenced application and determined the following.
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.
Similarity of the Marks
The applicant has applied for the mark DELTA. The registrant’s marks are DELTA and DELTA. Here, the marks are the same.
Similarity of the Goods and Services
The applicant’s mark is for digital photo image converters; digital signal processors; downloadable computer operating programs and computer operating systems; downloadable computer operating system software; downloadable computer software to maintain and operate computer system; downloadable operating system programs; image intensifiers; raster image processors; recorded computer operating system software; signal processors; computer programming and computer system analysis; computer programming in the medical field; computer system analysis; computer system design; computer system design services; image processing software design; medical research; medical and scientific research in the field of medical imaging; research and development of technology in the field of image reconstruction; technology consultation in the field of image reconstruction. The registrant’s marks include digital data and analog signal processors for computers. Here, both marks are for signal processors and other computer related goods and services.
For the above stated reasons the mark is refused due to a likelihood of confusion.
Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.
PRIOR PENDING 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.
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How to respond. Click to file a response to this nonfinal Office action.
/Shaunia Carlyle/
Examining Attorney
Law Office 110
United States Patent and Trademark Office
571-272-9374
shaunia.carlyle@uspto.gov
RESPONSE GUIDANCE