To: | GREEN ENERGY BATTERY COMPANY LIMITED (tm@bayramoglu-legal.com) |
Subject: | U.S. Trademark Application Serial No. 88893277 - DT - N/A |
Sent: | July 23, 2020 04:32:39 PM |
Sent As: | ecom125@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88893277
Mark: DT
|
|
Correspondence Address: 1540 WEST WARM SPRINGS ROAD SUITE 100
|
|
Applicant: GREEN ENERGY BATTERY COMPANY LIMITED
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
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.
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.
Section 2(d) Refusal – Likelihood of Confusion
The registered mark consist of a stylized letter D to the left of the wording D&P DREAMS BECOME YOUR POWER for use with “Anti-glare glasses; Batteries; Cell phone covers; Cell phone straps; Chargers for electric batteries; Computer memories; Computer memory hardware; Computer peripheral devices; Computer peripherals; Data processing apparatus; Data processing equipment, namely, couplers; Electronic data processing apparatus; Flash card readers; Global positioning system (GPS); Global positioning system (GPS) consisting of computers, computer software, transmitters, receivers, and network interface devices; Interfaces for computers; Navigation apparatus for vehicles; Optical glasses; Pedometers; Protective covers and cases for cell phones, laptops and portable media players; Protective covers for smartphones; Protective sleeves for laptop computers; Sleeves for laptops; Sound recording and sound reproducing apparatus and instruments; Sound recording apparatus; Sound recording apparatus and instruments; Wrist rests for use with computers” in Class 9.
Applicant has applied to register a mark consisting of the stylized letter “D” and minor design elements for use with “Accumulator boxes; Accumulators, electric; Accumulators, electric, for vehicles; Batteries, electric; Battery packs; Chargers for electric accumulators; Charging stations for electric vehicles; Downloadable computer software for application and database integration; High tension batteries; Rechargeable batteries” in Class 9.
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
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).
In this case, the first element of the registered mark is a stylized D that appears with the same tilt and lower right portion as the applied-for mark. The applied for mark essentially just differs from this element of the registered mark in that the top right of the D is extended. Thus, the entirety of the applied-for mark is similar in appearance and commercial impression to the dominant element of the registered mark.
Accordingly, the marks are confusingly similar.
Relatedness of the Goods
The goods are compared to determine whether they are similar, commercially related, or travel in the same trade channels. See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi).
In this case, the registration uses broad wording to describe “batteries”, which presumably encompasses all goods of the type described, including applicant’s more narrow “Batteries, electric; Battery packs; High tension batteries; Rechargeable batteries”. 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 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.
To the extent the evidence may not address all of the items in applicant’s identification, relatedness does not have to be established for every good or service. It is sufficient for a finding of likelihood of confusion if relatedness is established for any or some item(s) encompassed by the identification within a particular class in an application. Tuxedo Monopoly, Inc. v. General Mills Fun Group, 648 F.2d 1335, 209 USPQ 986, 988 (CCPA 1981). In this case, relatedness has been established for many of the identified items, which is enough to show a likelihood of confusion.
Because the marks are confusingly similar and the goods are legally identical or related, there is a likelihood of confusion. Therefore, the applied-for mark must be refused registration under Section 2(d).
Mark Description
The following description is suggested, if accurate: The mark consists of the stylized letter “D” with the bottom and right portion formed by a curved line and the left formed by a straight line and the top formed by a curved line connected to the left of the letter. From the top left of the “D” are four connected quadrilaterals.
Response Options
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. .
How to respond. Click to file a response to this nonfinal Office action.
Carr, Patrick
/Patrick Carr/
Trademark Examining Attorney
Law Office 125
(571) 272-9634
patrick.carr@uspto.gov
RESPONSE GUIDANCE