To: | Hobby Lobby Stores, Inc. (john.graham@hobbylobby.com) |
Subject: | U.S. Trademark Application Serial No. 88792465 - DD - N/A |
Sent: | May 07, 2020 09:01:01 PM |
Sent As: | ecom103@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. 88792465
Mark: DD
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Correspondence Address:
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Applicant: Hobby Lobby Stores, 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: May 07, 2020
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.
SUMMARY OF ISSUES:
Section 2(d) Likelihood of Confusion Refusal
I. 2(d) Standard of Review
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.
II. Application of the 2(d) Standard of Review
The cited registrations are marks for the following goods:
The applied-for mark is DD for:
A. Comparison of Sound, Appearance and Meaning
Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression. 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)); 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)), aff’d per curiam, 777 F. App’x 516, 2019 BL 343921 (Fed. Cir. 2019); TMEP §1207.01(b).
Applicant’s mark DD is confusingly similar to the cited registered marks DD (stylized) and DD and design because the marks share the term(s) “DD”.
Applicant’s mark is in standard characters.
Consumers would be likely to confuse the source of related goods offered under applicant’s and registrants’ marks because the meaning and commercial impression of the mark wording in each of the marks is the same, and because applicant’s standard character mark could be presented in the same stylizations and/or with designs similar to those used by registrants.
B. Comparison of Goods
Consumers are likely to confuse the source of the goods for the applied for mark and cited registrations because the goods of the applied for mark and the cited registrations are at a minimum, related, and could be overlapping.
Comparison of applicant’s goods and those of cited registration No. 3583059
Applicant’s goods “Potpourri; Scented oils” are identical to and/or encompass registrant’s goods “Scented oils used to produce aromas when heated that are used with lamps, candles and diffusers; potpourri”
Applicant’s goods “Air fragrance reed diffusers; Fragrance sachets” are related to registrant’s goods “Scented oils used to produce aromas when heated that are used with lamps, candles and diffusers; potpourri” because applicant’s air fragrance reed diffusers and fragrance sachets are similar goods to registrant’s as each of these goods is intended for use in scenting air, rooms, and furnishings.
Applicant’s goods “Candles” are identical to registrant’s goods “Candles”.
Applicant’s goods “Wax melts” and “Electric warmers to melt scented wax melts” are related to registrant’s goods “liquid for wicks, namely, lamp oils and perfumed lamp oils, candle wicks”, as all of these goods are used in scenting air and rooms through heated fragranced substrates.
Comparison of applicant’s goods and those of cited registration No. 5542793 and 5996292
Applicant’s goods “Potpourri; Scented oils; Air fragrance reed diffusers; Fragrance sachets” are related to registrant’s “Perfumes, fragrances”, because both registrant’s perfumes and applicant’s goods are scented goods; additionally, registrant’s “fragrances” are identified broadly enough to include applicant’s scented goods and may be used in conjunction with applicant’s scent dispersal goods (reed diffusers and sachets).
Comparison of applicant’s goods and those of cited registration No. 5944579
Applicant’s goods “Potpourri; Scented oils; Air fragrance reed diffusers; Fragrance sachets” are related to registrant’s “Cologne” because both registrant’s colognes and applicant’s goods are scented goods.
Furthermore, as the goods of the applied for mark and the cited registrations are related and possibly overlapping, they may travel within the same channels of trade; that is, retailers of fragrances, candles, potpourri, sachets, and reed diffusers for scented oils.
C. Summary of 2(d) review
The applied for mark is confusingly similar to the cited registered marks because the wording of the marks is the same, and the commercial impression and meanings of the marks is the same. Because the marks are confusingly similar and because the goods are related and/or travel within the same channels of trade, the applicant’s mark is refused on grounds of likelihood of confusion.
Applicant should note the following additional bar to registration.
Application not entitled to register due to prior pending 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.
How to respond. Click to file a response to this nonfinal Office action.
/Kaelie E. Kung/
Examining Attorney
Law Office 103
571-272-8265
kaelie.kung@uspto.gov
RESPONSE GUIDANCE