To: | Brandlive Inc. (docketing@kolitchromano.com) |
Subject: | U.S. Trademark Application Serial No. 90175444 - GREENROOM - BLI415 |
Sent: | November 15, 2020 07:12:26 PM |
Sent As: | ecom117@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 Attachment - 32 Attachment - 33 Attachment - 34 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90175444
Mark: GREENROOM
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Correspondence Address:
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Applicant: Brandlive Inc.
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Reference/Docket No. BLI415
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: November 15, 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.
SECTION 2(d) LIKELIHOOD OF CONFUSION REFUSAL
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 GREENROOM for Downloadable mobile applications for enabling individual users to take part in a live-produced video stream or produce a live video stream from a remote location to internet-based destinations and outlets and software as a service (SAAS) services featuring software for enabling individual users and others to self-produce and self-manage live stream video events to internet-based destinations and outlets; Software as a service (SAAS) services featuring software for enabling individual users and others to self-produce and self-manage live streamed video meetings and conferences to internet-based destinations and outlets; Software as a service (SAAS) services featuring software for enabling individual users to take part in a live-produced video stream from a remote location; Software as a service (SAAS) services featuring software for enabling individual users to produce live streamed video content with a mix of on-location participants and remote participants. Registrant’s mark is GREENROOM, U.S. Registration No. 5095050 for Advertising services, public relations and marketing services, namely, promoting and marketing the goods and services of others through all public communication means; Advertising and marketing consultancy; Advertising and marketing services provided by means of indirect methods of marketing communications, namely, social media, search engine marketing, inquiry marketing, internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communications channels; Advertising and marketing services, namely, promoting the goods and services of others; Advertising, marketing and promotion services; Cooperative advertising and marketing; Cooperative advertising and marketing services by way of solicitation, customer service and providing marketing information via web sites on a global computer network; Creative marketing design services; Development of marketing strategies and concepts; Development of marketing strategies, concepts and tactics, namely, audience development, brand awareness, online community building and digital word of mouth communications; Direct marketing services; Marketing plan development; Marketing research; Marketing and branding services, namely, providing customized communication programs to obtain consumer insights and develop branding strategies; Marketing the goods and services of others; On-line customer-based social media brand marketing services; Preparing audiovisual presentations for use in advertising; Preparing audiovisual presentations for use in marketing; Preparing speeches and oral presentations for others for use in advertising; Preparing speeches and oral presentations for others for use in marketing; Promoting, advertising and marketing on-line web sites of others; Promotional marketing services using audiovisual media; Providing information in the field of marketing and on-line marketing media via the Internet; Providing marketing consulting in the field of social media; Social media strategy and marketing consultancy focusing on helping clients create and extend their product and brand strategies by building virally engaging marketing solutions; Web site optimization and for Training courses in strategic planning relating to advertising, promotion, marketing and business; Training in the field of design, advertising and communication technologies; Video editing; Video production services; Film and video production; Media production services, namely, video and film production; Post-production editing services in the field of music, videos and film; Production of humorous videos for the Internet.
Additionally, the applicant’s software as a service services are likely to be offered side by side with video production services. The goods and services of the parties in question are likely to travel through the same channels of trade and they are likely to be encountered by the same consumers. Those consumers when coming across the goods and services of the two parties are likely to believe that they derive from the same and not from different sources. Therefore, likelihood of confusion may occur.
The examining attorney attaches evidence in the nature of Trademark Registrations featuring the services in question that are offered together in connection with same marks. The evidence is intended to support a section 2(d) refusal.
Therefore, for the reasons listed above registration is refused under section 2(d) of the Trademarks Act.
How to respond. Click to file a response to this nonfinal Office action.
/Blandu, Florentina/
Examining Attorney
U.S. Patent & Trademark Office
L.O.117
Florentina.Blandu@uspto.gov
Tel 571-272-9128
Fax 571-273-9128
RESPONSE GUIDANCE