To: | LTD COMMODITIES LLC (n.preece@alterandpreece.com) |
Subject: | U.S. Trademark Application Serial No. 90495608 - READYCREDIT - 41020 |
Sent: | August 16, 2021 01:58:30 PM |
Sent As: | ecom110@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. 90495608
Mark: READYCREDIT
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Correspondence Address: |
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Applicant: LTD COMMODITIES LLC
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Reference/Docket No. 41020
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 16, 2021
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 THAT APPLICANT MUST ADDRESS
SECTION 2(d) LIKELIHOOD OF CONFUSION REFUSAL
Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 5915411. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registration.
The applicant has applied to register READYCREDIT in standard character form for “financial services, namely, customer store credit services issued through a card; a payment plan for customers to purchase consumer household items through mail order and online catalogs; a payment plan for customers to purchase goods and services through mail order and online catalog ordering services in the field of consumer household items, home and garden décor, storage items, holiday decorations, toys, candles, giftware, and apparel; a store credit account to be used for purchases through LTD Commodities print and online catalogs; providing financing and credit services for consumer membership plans in connection with mail order and online catalog services in the field of consumer household items.”
The registered mark is CREDIT READY in standard character form for “financial services, namely, money lending and credit services; credit reporting services; financial services, namely, financial credit scoring services.”
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.
COMPARISON OF THE MARKS
The registered mark is for CREDIT READY in standard characters. The application is for the mark READYCREDIT in standard characters.
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).
Both the applied-for and registered marks are transposed. Confusion is likely between two marks consisting of reverse combinations of the same elements if they convey the same meaning or create substantially similar commercial impressions. TMEP §1207.01(b)(vii); see, e.g., In re Wine Soc’y of Am. Inc., 12 USPQ2d 1139, 1142 (TTAB 1989) (holding THE WINE SOCIETY OF AMERICA and design for wine club membership services including the supplying of printed materials likely to be confused with AMERICAN WINE SOCIETY 1967 and design for newsletters, bulletins, and journals); In re Nationwide Indus. Inc., 6 USPQ2d 1882, 1884 (TTAB 1988) (holding RUST BUSTER for a rust-penetrating spray lubricant likely to be confused with BUST RUST for a penetrating oil).
COMPARISON OF THE SERVICES
Applicant’s services are financial services, namely, customer store credit services issued through a card; a payment plan for customers to purchase consumer household items through mail order and online catalogs; a payment plan for customers to purchase goods and services through mail order and online catalog ordering services in the field of consumer household items, home and garden décor, storage items, holiday decorations, toys, candles, giftware, and apparel; a store credit account to be used for purchases through LTD Commodities print and online catalogs; providing financing and credit services for consumer membership plans in connection with mail order and online catalog services in the field of consumer household items.
The registrant’s services are financial services, namely, money lending and credit services; credit reporting services; financial services, namely, financial credit scoring services. Both the applicant and registrant provide credit services.
In total, the two marks CREDIT READY and READYCREDIT create the same commercial impression and the services are commercially related and likely to be encountered together in the marketplace by consumers. Therefore, consumers are likely to be confused and mistakenly believe that the services originate from a common source. Therefore, registration must be refused under Section 2(d) of the Lanham Act.
The wording in the identification of services is indefinite and must be clarified as indicated in bold below to further clarify the nature of the services. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Financial services, namely, issuing catalog and mail-order store credit cards for customer featuring a payment plan for customers to purchase consumer household items through mail order and online catalogs, a payment plan for customers to purchase goods and services through mail order and online catalog ordering services in the field of consumer household items, home and garden décor, storage items, holiday decorations, toys, candles, giftware, and apparel; financial services, namely, issuing online and print catalog store credit cards for customers featuring a store credit account to be used for purchases; providing financing and credit loan services for consumer membership plans in connection with mail order and online catalog services in the field of consumer household items, in International Class 36.
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
ASSISTANCE
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.
/Tarah Hardy Ludlow/
Examining Attorney
Law Office 110
(571) 272-9361
tarah.hardy@uspto.gov
RESPONSE GUIDANCE