PTO- 1957
`
`Approved for use through 11/30/2023. OMB 0651-0050
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`ARGUMENT(S)
`
`The table below presents the data as entered.
`
`Entered
`
`90097653
`
`LAW OFFICE 121
`
`https://tmng-al.uspto.gov/resting2/api/img/90097653/large
`
`LINEA SPORT
`
`NO
`
`NO
`
`The mark consists of the wording "LINEA SPORT" inside a horn.
`
`Please see the actual argument within the Evidence Section.
`
`EVIDENCE SECTION
`
`        EVIDENCE FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (3 pages)
`
`evi_6412422226-2021060413 1112501335_._4863-101ARG.pdf
`
`\\TICRS\EXPORT18\IMAGEOUT 18\900\976\90097653\xml5\ ROA0002.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\900\976\90097653\xml5\ ROA0003.JPG
`
`\\TICRS\EXPORT18\IMAGEOUT 18\900\976\90097653\xml5\ ROA0004.JPG
`
`DESCRIPTION OF EVIDENCE FILE
`
`Argument
`
`GOODS AND/OR SERVICES SECTION (009) (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`009
`
`Fireproof automobile racing suits for safety purposes; Fireproof clothing and apparel; Protective clothing and apparel for motorcyclists
`protection and for accident or injury protection; Fire resistant gloves; Gloves for protection against accidents; Protective helmets for car or
`motorbike drivers; Injury protection clothing and apparel; Balaclavas for protection against accidents; Cases for tablet computers; Cases for
`notebook computers; Cell phone cover
`
`FILING BASIS
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (009) (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`009
`
`Fireproof automobile racing suits for safety purposes; Fireproof clothing and apparel; Clothing for protection against fire; Protective clothing
`and apparel for motorcyclists protection and for accident or injury protection; Articles of protective clothing for wear by motorcyclists for
`protection against accident or injury; Fire resistant gloves; Gloves for protection against accidents; Gloves for protection against accidents,
`irradiation and fire; Protective helmets for car or motorbike drivers; Protective helmets for motorists; Injury protection clothing and apparel; Pr
`otective helmets for motor cyclists; Balaclavas for protection against accidents; Clothes for protection against injury; Balaclavas for protection
`
`       
`       
`

`

`against accidents, irradiation and fire; Cases for notebook computers; Cases for tablet computers; Cell phone cover; Cases adapted for
`notebook computers; Cell phone covers
`
`FINAL DESCRIPTION
`
`Fireproof automobile racing suits for safety purposes; Clothing for protection against fire; Articles of protective clothing for wear by
`motorcyclists for protection against accident or injury; Fire resistant gloves; Gloves for protection against accidents, irradiation and fire;
`Protective helmets for motorists; Protective helmets for motor cyclists; Clothes for protection against injury; Balaclavas for protection against
`accidents, irradiation and fire; Cases for tablet computers; Cases adapted for notebook computers; Cell phone covers
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`None Provided
`
`None Provided
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (018) (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`018
`
`Suitcases; briefcases; business cases; roller suitcases; bags; waterproof bags; sport bags; duffel bags; holdalls for sports clothing; rucksacks;
`sports packs; hiking rucksacks; haversacks; multi-purpose athletic bags; trolley duffels; pocket wallets; carrying cases for documents;
`umbrellas; parasols
`
`FILING BASIS
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (018) (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`018
`
`Suitcases; Attache' cases; briefcases; Business cases; Suitcases with wheels; roller suitcases; Bags; Waterproof bags; Bags for sports; sport bags
`; Overnight bags; duffel bags; Holdalls for sports clothing; Rucksacks; Sports packs; Hiking rucksacks; Haversacks; All-purpose athletic bags;
`multi-purpose athletic bags; Trolley duffels; Pocket wallets; Carrying cases for documents; Umbrellas; Parasols; Valises
`
`FINAL DESCRIPTION
`
`Attache' cases; Business cases; Suitcases with wheels; Bags; Waterproof bags; Bags for sports; Overnight bags; Holdalls for sports clothing;
`Rucksacks; Sports packs; Hiking rucksacks; Haversacks; All-purpose athletic bags; Trolley duffels; Pocket wallets; Carrying cases for
`documents; Umbrellas; Parasols; Valises
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`None Provided
`
`None Provided
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (025) (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`025
`
`Sportswear; car drivers clothing; sweat shirts; blousons; jerseys; undershirts; sports jerseys; gloves; jackets; sports jackets; tee-shirts;
`combinations; waterproof suits for motorcyclists; trousers; headgear; berets; underwear; footwear; boots for sports; waist belts; stockings
`
`FILING BASIS
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (025) (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`025
`
`Sportswear; car drivers clothing; Motorists' clothing; Sweat shirts; Blousons; jerseys; Jerseys [clothing]; Undershirts; Sports jerseys; gloves; Gl
`oves (clothing); jackets; Jackets (clothing); Sports jackets; Tee-shirts; combinations; Combinations (clothing); Waterproof suits for
`motorcyclists; Trousers; Headgear; Berets; Underwear; Footwear; boots for sports; Training shoes; Waist belts; Stockings
`
`FINAL DESCRIPTION
`
`

`

`Sportswear; Motorists' clothing; Sweat shirts; Blousons; Jerseys [clothing]; Undershirts; Sports jerseys; Gloves (clothing); Jackets (clothing);
`Sports jackets; Tee-shirts; Combinations (clothing); Waterproof suits for motorcyclists; Trousers; Headgear; Berets; Underwear; Footwear;
`Training shoes; Waist belts; Stockings
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`ADDITIONAL STATEMENTS SECTION
`
`None Provided
`
`None Provided
`
`Section 1(b)
`
`DISCLAIMER
`
`TRANSLATION
`
`No claim is made to the exclusive right to use LINEA SPORT apart from the mark
`as shown.
`
`The English translation of LINEA in the mark is LINE.
`
`CORRESPONDENCE INFORMATION (current)
`
`NAME
`
`E. ANTHONY FIGG
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`PTO-TM-Email@rfem.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
`
`DOCKET/REFERENCE NUMBER
`
`4863-101
`
`CORRESPONDENCE INFORMATION (proposed)
`
`NAME
`
`E. Anthony Figg
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`PTO-TM-Email@rfem.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
`
`DOCKET/REFERENCE NUMBER
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`4863-101
`
`/Leo M. Loughlin/
`
`Leo M. Loughlin
`
`Attorney of record, DC bar member
`
`2027836040
`
`06/04/2021
`
`ROLE OF AUTHORIZED SIGNATORY
`
`Authorized U.S.-Licensed Attorney
`
`SIGNATURE METHOD
`
`Sent to third party for signature
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`Fri Jun 04 16:05:51 ET 2021
`
`USPTO/ROA-XX.XXX.XX.XXX-2
`0210604160551726089-90097
`653-780d8dd1d4c7c86e589c4
`4ca177a5a040d560ebcc1136a
`ee866d56cfab34cf2c-N/A-N/
`A-20210604132935240135
`
`PTO- 1957
`
`Approved for use through 11/30/2023. OMB 0651-0050
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number
`
`

`

`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 90097653 LINEA SPORT (Stylized and/or with Design, see https://tmng-al.uspto.gov /resting2/api/img/9009765 3/large)
`has been amended as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`Please see the actual argument within the Evidence Section.
`
`EVIDENCE
`Evidence has been attached: Argument
`Original PDF file:
`evi_6412422226-2021060413 1112501335_._4863-101ARG.pdf
`Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`
`Applicant proposes to amend the following:
`
`Current:
`Class 009 for Fireproof automobile racing suits for safety purposes; Fireproof clothing and apparel; Protective clothing and apparel for
`motorcyclists protection and for accident or injury protection; Fire resistant gloves; Gloves for protection against accidents; Protective helmets
`for car or motorbike drivers; Injury protection clothing and apparel; Balaclavas for protection against accidents; Cases for tablet computers;
`Cases for notebook computers; Cell phone cover
`Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a
`collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with
`the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the
`applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in
`connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the
`mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification
`standards of the applicant.
`
`Proposed:
`
`Tracked Text Description: Fireproof automobile racing suits for safety purposes; Fireproof clothing and apparel; Clothing for protection against
`fire; Protective clothing and apparel for motorcyclists protection and for accident or injury protection; Articles of protective clothing for wear by
`motorcyclists for protection against accident or injury; Fire resistant gloves; Gloves for protection against accidents; Gloves for protection against
`accidents, irradiation and fire; Protective helmets for car or motorbike drivers; Protective helmets for motorists; Injury protection clothing and
`apparel; Protective helmets for motor cyclists; Balaclavas for protection against accidents; Clothes for protection against injury; Balaclavas for
`protection against accidents, irradiation and fire; Cases for notebook computers; Cases for tablet computers; Cell phone cover; Cases adapted for
`notebook computers; Cell phone covers
`
`Class 009 for Fireproof automobile racing suits for safety purposes; Clothing for protection against fire; Articles of protective clothing for wear
`by motorcyclists for protection against accident or injury; Fire resistant gloves; Gloves for protection against accidents, irradiation and fire;
`Protective helmets for motorists; Protective helmets for motor cyclists; Clothes for protection against injury; Balaclavas for protection against
`accidents, irradiation and fire; Cases for tablet computers; Cases adapted for notebook computers; Cell phone covers
`Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a
`collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with
`the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the
`applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in
`connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the
`mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification
`standards of the applicant.
`
`

`

`Webpage URL: None Provided
`Webpage Date of Access: None Provided
`
`Applicant proposes to amend the following:
`
`Current:
`Class 018 for Suitcases; briefcases; business cases; roller suitcases; bags; waterproof bags; sport bags; duffel bags; holdalls for sports clothing;
`rucksacks; sports packs; hiking rucksacks; haversacks; multi-purpose athletic bags; trolley duffels; pocket wallets; carrying cases for documents;
`umbrellas; parasols
`Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a
`collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with
`the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the
`applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in
`connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the
`mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification
`standards of the applicant.
`
`Proposed:
`
`Tracked Text Description: Suitcases; Attache' cases; briefcases; Business cases; Suitcases with wheels; roller suitcases; Bags; Waterproof bags;
`Bags for sports; sport bags; Overnight bags; duffel bags; Holdalls for sports clothing; Rucksacks; Sports packs; Hiking rucksacks; Haversacks;
`All-purpose athletic bags; multi-purpose athletic bags; Trolley duffels; Pocket wallets; Carrying cases for documents; Umbrellas; Parasols;
`Valises
`
`Class 018 for Attache' cases; Business cases; Suitcases with wheels; Bags; Waterproof bags; Bags for sports; Overnight bags; Holdalls for sports
`clothing; Rucksacks; Sports packs; Hiking rucksacks; Haversacks; All-purpose athletic bags; Trolley duffels; Pocket wallets; Carrying cases for
`documents; Umbrellas; Parasols; Valises
`Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a
`collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with
`the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the
`applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in
`connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the
`mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification
`standards of the applicant.
`
`Webpage URL: None Provided
`Webpage Date of Access: None Provided
`
`Applicant proposes to amend the following:
`
`Current:
`Class 025 for Sportswear; car drivers clothing; sweat shirts; blousons; jerseys; undershirts; sports jerseys; gloves; jackets; sports jackets; tee-
`shirts; combinations; waterproof suits for motorcyclists; trousers; headgear; berets; underwear; footwear; boots for sports; waist belts; stockings
`Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a
`collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with
`the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the
`applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in
`connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the
`mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification
`standards of the applicant.
`
`

`

`Proposed:
`
`Tracked Text Description: Sportswear; car drivers clothing; Motorists' clothing; Sweat shirts; Blousons; jerseys; Jerseys [clothing]; Undershirts;
`Sports jerseys; gloves; Gloves (clothing); jackets; Jackets (clothing); Sports jackets; Tee-shirts; combinations; Combinations (clothing);
`Waterproof suits for motorcyclists; Trousers; Headgear; Berets; Underwear; Footwear; boots for sports; Training shoes; Waist belts; Stockings
`
`Class 025 for Sportswear; Motorists' clothing; Sweat shirts; Blousons; Jerseys [clothing]; Undershirts; Sports jerseys; Gloves (clothing); Jackets
`(clothing); Sports jackets; Tee-shirts; Combinations (clothing); Waterproof suits for motorcyclists; Trousers; Headgear; Berets; Underwear;
`Footwear; Training shoes; Waist belts; Stockings
`Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a
`collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with
`the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the
`applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in
`connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the
`mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification
`standards of the applicant.
`
`Webpage URL: None Provided
`Webpage Date of Access: None Provided
`
`ADDITIONAL STATEMENTS
`Disclaimer
`No claim is made to the exclusive right to use LINEA SPORT apart from the mark as shown.
`
`Translation
`The English translation of LINEA in the mark is LINE.
`
`Correspondence Information (current):
`      E. ANTHONY FIGG
`      PRIMARY EMAIL FOR CORRESPONDENCE: PTO-TM-Email@rfem.com
`      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
`
`The docket/reference number is 4863-101.
`
`Correspondence Information (proposed):
`      E. Anthony Figg
`      PRIMARY EMAIL FOR CORRESPONDENCE: PTO-TM-Email@rfem.com
`      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
`
`The docket/reference number is 4863-101.
`
`Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the
`owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic
`Application System (TEAS).
`
`SIGNATURE(S)
`Response Signature
`Signature: /Leo M. Loughlin/     Date: 06/04/2021
`Signatory's Name: Leo M. Loughlin
`Signatory's Position: Attorney of record, DC bar member
`
`Signatory's Phone Number: 2027836040 Signature method: Sent to third party for signature
`
`The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a
`U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or
`an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated
`
`

`

`with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a
`signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder
`has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of
`attorney appointing him/her as an associate attorney in this matter.
`
`Mailing Address:    E. ANTHONY FIGG
`   ROTHWELL, FIGG, ERNST & MANBECK, PC
`   SUITE 800
`   607 14TH STREET NW
`   WASHINGTON, District of Columbia 20005
`Mailing Address:    E. Anthony Figg
`   ROTHWELL, FIGG, ERNST & MANBECK, PC
`   SUITE 800
`   607 14TH STREET NW
`   WASHINGTON, District of Columbia 20005
`
`Serial Number: 90097653
`Internet Transmission Date: Fri Jun 04 16:05:51 ET 2021
`TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2021060416055172
`6089-90097653-780d8dd1d4c7c86e589c44ca17
`7a5a040d560ebcc1136aee866d56cfab34cf2c-N
`/A-N/A-20210604132935240135
`
`        
` 
`

`

`Applicant responds to the Office Action dated December 6, 2020, which refused
`
`registration based on an alleged partial likelihood of confusion with Registration No. 1,848,814,
`
`lIHEA
`SPURT
`
`and a disclaimer requirement for the tenn “
`
`”. The refusal should be
`
`withdrawn for the following reasons:
`
`A. There is no likelihood of confusion because Applicant’s mark covers different
`goods from the cited Registrations and the goods are very narrowly defined.
`
`Even in cases involving identical or nearly-identical marks Where the goods and services
`
`are in the same field. or class, the Board and courts have routinely found no likelihood of
`
`confusion. See, e. 53., Electronic Dam Systei-ns Corp. v. EDSA iMicro Corp, 23 U.S.P.Q. 2d 1460
`
`(TTAB 1992) (EDS and EDSA, both for goods and services involving computer programs,
`
`found not confusingly similar); Electronic Design ((7 Sales Inc. v. Electronic Dara Systems Corp,
`
`21 U.S.P.Q. 2d 1388 (Fed. Cir. 1992) (EDS and E.D.S. found not confusingly similar, even
`
`though two parties conduct business in same field and with some of same companies); In re
`
`ill/[ossey-Ferguson Inc., 222 U.S.P.Q. 367 (TTAB 1983) (ECOM not confusingly similar to E-
`
`COM, both for goods and services involving computers). In addition. in the present case, the
`
`goods listed in the Registration are only in Class 12 and are defined as “automobile parts;
`
`namely, wheels”. The goods are so nan‘owly defined that the scope of the Registration is ve1y
`
`clear and does not overlap or relate to the goods included in the Application to the point where
`
`consumers might be confused about the source of the goods.
`
`

`

`Applicant’s goods span three different classes, respectively 9; 18 and 25; and are so
`
`different in nature from “automobile parts, namely, wheels”, that consumers would not be
`
`confused by the coexistence of both marks in the market. In fact, Applicant’s goods such as
`
`“Suitcases; briefcases; business cases; roller suitcases; bags; waterproof bags; sport bags; duffel
`
`bags; holdalls for sports clothing; rucksacks; sports packs; hiking rucksacks; haversacks; multi-
`
`purpose athletic bags; trolley duffels; pocket wallets; carrying cases for documents; umbrellas;
`
`parasols” have no relation to Registrant’s goods “Automobile parts; namely; wheels”.
`
`Applicant’s and Registrant’s consumers are different. Not every consumer interested in
`
`purchasing items such as suitcases; briefcases, umbrellas, etc. is a consumer interested in buying
`
`a car wheel. Most importantly, the relatedness of these items is so remote that confusion is
`
`unlikely because, for example, these goods would not appear in close proximity to each other in
`
`the marketplace.
`
`Similarly analysis applies to Applicant’s class 25 goods, such as “Sportswear; car drivers
`
`clothing; sweat shirts; blousons; jerseys; undershirts; sports jerseys; gloves; jackets; sports
`
`jackets; tee-shirts; combinations; waterproof suits for motorcyclists; trousers; headgear; berets;
`
`underwear; footwear; boots for sports; waist belts; stockings.
`
`Finally, as to class 9 goods; in addition to the unrelatedness of the goods, Applicant’s
`
`goods require a certain degree of sophistication and carefulness by virtue of their nature.
`
`Applicant’s goods “Fireproof automobile racing suits for safety purposes; Fireproofclothing and
`
`apparel; Protective clothing and apparel for motorcyclists protection and for accident or injury
`
`protection; Fire resistant gloves; Gloves for protection against accidents; Protective helmets for
`
`car or motorbike drivers; lnjuiy protection clothing and apparel; Balaclavas for protection
`
`against accidents; Cases for tablet computers; Cases for notebook computers; Cell phone cover”
`
`

`

`are goods that consumer purchase to minimize accident-related injuries and their purchase is the
`
`result of careful consideration by the consumers as the quality and source of the goods directly
`
`impacts their health.
`
`For all the reasons above, Applicant respectfully requests that the refusal be withdrawn
`
`and the application be moved to publication.
`
`