- Wed Jul 22, 2009 9:21 am
#22281
It seems that the trademark "Driver: The Recruit" was suspended by the United States Patent and Trademark Office due to it being similiar to "C.O.P. The Recruit".
Here it is:
Here it is:
PRIOR PENDING APPLICATIONhttp://tmportal.uspto.gov/external/PA_1 ... 0-Jul-2009
Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), the examining attorney encloses information regarding pending Application Serial no. 77740826. There may be a likelihood of confusion between the applicant’s mark and the mark noted above under Section 2(d) of the Act. The filing date of the referenced application precedes the applicant’s filing date. If the earlier filed application matures into a registration, the examining attorney may refuse registration in this case under Section 2(d). 37 C.F.R. Section 2.83; TMEP §§1207.01 et seq..
In a likelihood of confusion determination, the marks are compared for similarities in their appearance, sound, meaning or connotation and commercial impression. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b). Similarity in any one of these elements may be sufficient to find a likelihood of confusion. In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); In re Lamson Oil Co., 6 USPQ2d 1041, 1043 (TTAB 1987); see TMEP §1207.01(b).
Applicant seeks to register the mark “DRIVER: THE RECRUIT.†The prior pending application is for the mark “C.O.P. THE RECRUIT.†The marks are highly similar in spelling, appearance and pronunciation.
Applicant’s goods are described as “Game software and electronic game programs, namely, software games recorded on CD-ROM and digital video discs for computers; software games recorded on CD-ROMs, digital video discs, and cartridges for console and individual, portable gaming systems; software games that are downloadable from a remote computer site and electronic game software for mobile phones, personal digital assistants, and handheld computers.†Application Serial No. 77740826 is for “Game software and electronic game programs, namely, software games recorded on CD-ROM and digital video discs for computers; software games recorded on CD-ROMs, digital video discs, and cartridges for console and individual, portable gaming systems; software games that are downloadable from a remote computer site and electronic game software for mobile phones, personal digital assistants, and handheld computers.†These goods are identical and thus, are of a type that could be expected to come from the same source.
If the applicant believes that there is no potential conflict between this application and the earlier-filed application, the applicant may present arguments relevant to the issue. The election to file or not to file a response to this issue at this time in no way limits the applicant’s right to address this issue at a later point.