To: | Pantero, Inc. (dwtrademarks@dickinsonwright.com) |
Subject: | U.S. Trademark Application Serial No. 90002979 - CLENOVA - 89186-22 |
Sent: | August 19, 2020 05:24:31 PM |
Sent As: | ecom115@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90002979
Mark: CLENOVA
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Correspondence Address: |
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Applicant: Pantero, Inc.
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Reference/Docket No. 89186-22
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: August 19, 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.
Refusal – Likelihood of Confusion
Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 5543274. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registration.
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 Marks
Applicant has applied for CLENOVA for Hand sanitizing preparations and disinfecting wipes; Power operated dispenser, namely, an electric hand sanitizer dispenser.
The registered mark is CLINOVA for sanitary preparations for medical purposes; dietetic food adapted for medical purposes and veterinary use; food for babies; dietary supplements for humans; medical plasters; Gauze for dressings; material for stopping teeth; preparations for destroying vermin; fungicides, herbicides; pharmaceutical preparations and substances for the treatment of infectious diseases, blood disorders, pain, inflammation, sepsis, alopecia, obesity and cognitive disorders, for digestion support, for treating gastrointestinal disorders, for improving mental cognitive functions, increasing alertness, increasing energy, protecting the immune system, for dealing with insect bites; medicated healthcare products, namely, therapeutic medicated bath preparations, pharmaceutical products for hydrating the skin, medicated heathcare products, namely, for promoting digestion support in the nature of chewable supplements in tablet form, for vitamin purposes, for aiding digestion, for improving mental cognitive functions, increasing alertness, increasing energy and protecting the immune system, dealing with insect bites, dietary supplements for hydrating the human body, hydrating skin creams; dietary supplements for hydrating the human body; dietary supplements for rehydrating the human body, in the form of salts; vitamin and mineral supplements; mineral food supplements; dietetic foods and beverages adapted for medical use; dissolving or effervescent tablets and powders used to make nutritional supplement drinks for medical or dietetic use; Vitamin C preparations; Anti-bacterial creams and antibacterial soap; Antimicrobials for dermatologic use; Spray sanitizer for personal use for the hands; Wearable insect repelling devices in the nature of patches sold pre-filled with insect repelling preparations; Paracetamol; Ibuprofen for use as an oral analgesic; Vitamin tablets; Decongestant capsules; Food supplements, namely, anti-oxidants; Capsules sold empty for pharmaceuticals; vitamin supplements; medicated skin care preparations, namely, skin creams; medicinal creams for skin care for the protection of the skin; pharmaceutical skin lotions, namely, medicated lotions for treating dermatological conditions; antibacterial pharmaceuticals; antibacterial handwash; antivirals; antimicrobial mouthwashes for medical purposes; antiseptics; antiseptic mouthwashes for medical purposes; impregnated antiseptic wipes; disinfectants; antiseptic body care preparations; antifungal preparations; antifungal creams for medical use; sanitary preparations for medical purposes; insect repellents; medicated throat sprays; glucose dietary supplements.
Here, the marks are identical but for a single letter (namely, applicant’s “E” versus registrant’s “I”). Therefore, the marks are confusingly similar.
Similarity of Goods
Here, both applicant and registrant each provide sanitary/sanitizing preparations for topical use and/or dispensers for said preparations.
Thus, the respective goods are related.
Because the marks are so highly similar and the goods are so closely related, there is a likelihood that purchasers would confuse the sources of the goods or believe they stemmed from a single source. Accordingly, registration is properly refused under Section 2(d) of the Trademark Act due to a likelihood of confusion.
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration. However, if applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.
Misclassification of Goods
How to respond. Click to file a response to this nonfinal Office action.
Marc J. Leipzig
/Marc J. Leipzig/
Law Office 115
Trademark Examining Attorney
Phone: (571) 272-2104
marc.leipzig2@uspto.gov
RESPONSE GUIDANCE