To: | Koslow Technologies Corporation (trademark@whipgroup.com) |
Subject: | U.S. Trademark Application Serial No. 90815392 - FUSION - 07514-T0002A |
Sent: | March 28, 2022 03:00:39 PM |
Sent As: | ecom101@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90815392
Mark: FUSION
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Correspondence Address:
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Applicant: Koslow Technologies Corporation
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Reference/Docket No. 07514-T0002A
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: March 28, 2022
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) REFUSAL – LIKELIHOOD OF CONFUSION
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 application is for the stylized word FUSION with four parallel horizontal lines.
The cited registration is for the standard character mark FUSION.
Comparison of the Goods
The application is for “Water filters; water filter apparatus; apparatus for filtering drinking water; filters for drinking water; water filtration and purification units and replacement cartridges and filters therefor; filters for fluids, namely, for water and area-water solutions; air filters for domestic use; air filters for industrial use; air filtering units; industrial air filter machines” in Class 11.
The cited registration is for “Air filtration units for industrial applications” in Class 11.
The application and cited registration include filtration goods.
How to respond. Click to file a response to this nonfinal Office action.
/Samuel R. Paquin/
Trademark Examining Attorney
Law Office 101
United States Patent & Trademark Office
(571) 272-2514
spaquin@uspto.gov
RESPONSE GUIDANCE