UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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`U.S. APPLICATION SERIAL NO.   79175397
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`           
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`MARK: NANOE
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`*79175397*
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`CLICK HERE TO RESPOND TO THIS LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`CORRESPONDENT ADDRESS:
`  
`       Hashimoto Chikako; Hogan Lovells Horitsu
`  
`       15th Floor,
`         Daido Seimei Kasumigaseki Building,
`           Tokyo 100-0013
`    
`    JAPAN
`APPLICANT: Panasonic Corporation
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`   
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`    
`CORRESPONDENT’S REFERENCE/DOCKET NO :       
`CORRESPONDENT E-MAIL ADDRESS:       
`
`  N/A
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`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`
`INTERNATIONAL REGISTRATION NO. 1070077
`
`STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION:  TO AVOID ABANDONMENT OF THE REQUEST FOR
`EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE
`TO THIS PROVISIONAL FULL REFUSAL NOTIFICATION WITHIN 6 MONTHS OF THE “DATE ON WHICH THE NOTIFICATION
`WAS SENT TO WIPO (MAILING DATE)” LOCATED ON THE WIPO COVER LETTER ACCOMPANYING THIS NOTIFICATION.
`
`In addition to the Mailing Date appearing on the WIPO cover letter, a holder (hereafter “applicant”) may confirm this Mailing Date using the
`USPTO’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.uspto.gov/.  To do so, enter the U.S. application serial number
`for this application and then select “Documents.”   The Mailing Date used to calculate the response deadline for this provisional full refusal is the
`“Create/Mail Date” of the “IB-1rst Refusal Note.”
`
`This is a PROVISIONAL FULL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application. 
`See 15 U.S.C. §1141h(c).  See below in this notification (hereafter “Office action”) for details regarding the provisional full refusal.
`
`Introduction
`
`The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to
`the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
`
`Summary of Issues:
`Prior-Filed Applications May Bar Registration
`Section 2(d) Refusal – Likelihood of Confusion
`Identification and Classification of Goods
`
`Prior-Filed Applications May Bar Registration
`
`The filing dates of pending U.S. Application Serial Nos. 79165683 (“N NANO CRYSTAL COLOR”), 86429960 (“NANO·CONSOLE”),
`86635415 (“NANO”), and 86692262 (“NANO”) precede applicant’s filing date.  See attached referenced applications.  If one or more of the
`marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a
`likelihood of confusion with the registered marks.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of
`applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced
`applications.
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`In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict
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`between applicant’s mark and the marks in the referenced applications.  Applicant’s election not to submit arguments at this time in no way
`limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
`
`Although applicant’s application may be suspended, applicant should note the following ground for refusal.
`
`Section 2(d) Refusal – Likelihood of Confusion
`
`This Partial Refusal Applies Only to the Goods Specified Therein
`
`Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 3281311(“NANO-
`UV”), 3403153 (“NANO LIGHT”), 3573998 (“NANO TOOLS”), 3622023 (“NANOHEAT”),
`3629252 (“NANO O2”), 3941782
`(“NANOLED”), 4051042 (“NANO LIGHTING TECHNOLOGY”), 4054248 (“NANO FULL LED”), 4200715 (“NANO SCREEN”),
`4297962 (“NANOTOOLS”), 4412034 (“NANOTOOLS”), and 4762624 (“NANO”).   Trademark Act Section 2(d), 15 U.S.C. §1052(d); see
`TMEP §§1207.01 et seq.  See the enclosed registrations.
`
`Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a potential consumer
`would be confused, mistaken, or deceived as to the source of the goods of the applicant and registrant.  See 15 U.S.C. §1052(d).  A determination
`of likelihood of confusion under Section 2(d) is made on a case-by case basis and the factors set forth in In re E. I. du Pont de Nemours & Co.,
`476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) aid in this determination.  Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d
`1344, 1349, 98 USPQ2d 1253, 1256 (Fed. Cir. 2011) (citing On-Line Careline, Inc. v. Am. Online, Inc., 229 F.3d 1080, 1085, 56 USPQ2d 1471,
`1474 (Fed. Cir. 2000)).  Not all the du Pont factors, however, are necessarily relevant or of equal weight, and any one of the factors may control
`in a given case, depending upon the evidence of record.  Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d at 1355, 98 USPQ2d at 1260;
`In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont de Nemours & Co., 476 F.2d
`at 1361-62, 177 USPQ at 567.
`
`In this case, the following factors are the most relevant:  similarity of the marks, similarity and nature of the goods, and similarity of the trade
`channels of the goods.  See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Dakin’s Miniatures Inc.,
`59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP §§1207.01 et seq.
`
`Similarity of the Marks
`
`Applicant has applied to register the mark “NANOE”.
`
`The mark in Registration No. 3281311is “NANO-UV”.
`
`The mark in Registration No. 3403153 is “NANO LIGHT”.
`
`The mark in Registration No. 3573998 is “NANO TOOLS”.
`
`The mark in Registration No. 3622023 is “NANOHEAT”.
`
`The mark in Registration No. 3629252 is “NANO O2”.
`
`The mark in Registration No. 3941782 is “NANOLED”.
`
`The mark in Registration No. 4051042 is “NANO LIGHTING TECHNOLOGY”.
`
`The mark in Registration No. 4054248 is “NANO FULL LED”.
`
`The mark in Registration No. 4200715 is “NANO SCREEN”.
`
`The mark in Registration No. 4297962 is “NANOTOOLS”.
`
`The mark in Registration No. 4412034 is “NANOTOOLS”.
`
`The mark in Registration No. 4762624 is “NANO”.
`
`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 Davia, 110 USPQ2d 1810, 1812 (TTAB
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`2014) (citing In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007)); In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB
`1988)); TMEP §1207.01(b).
`
`When comparing marks, the test is not whether the marks can be distinguished in a side-by-side comparison, but rather whether the marks are
`sufficiently similar in terms of their overall commercial impression that confusion as to the source of the goods and/or services offered under the
`respective marks is likely to result.  Midwestern Pet Foods, Inc. v. Societe des Produits Nestle S.A., 685 F.3d 1046, 1053, 103 USPQ2d 1435,
`1440 (Fed. Cir. 2012); In re Davia, 110 USPQ2d 1810, 1813 (TTAB 2014); TMEP §1207.01(b).  The proper focus is on the recollection of the
`average purchaser, who retains a general rather than specific impression of trademarks.  United Global Media Grp., Inc. v. Tseng, 112 USPQ2d
`1039, 1049, (TTAB 2014); L’Oreal S.A. v. Marcon , 102 USPQ2d 1434, 1438 (TTAB 2012); TMEP §1207.01(b).
`
`In this case, the marks’ similarities stem from the terms “NANOE” and “NANO” in applicant’s and registrants’ marks, respectively.  These
`terms are essentially phonetic equivalents and thus sound similar.  Similarity in sound alone may be sufficient to support a finding that the marks
`are confusingly similar.  In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); see In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581,
`1586 (TTAB 2007); TMEP §1207.01(b)(iv).
`
`Although many of the registered marks also contain other wording, those terms do not eliminate the likelihood of confusion.   The mere deletion
`of wording from a registered mark may not be sufficient to overcome a likelihood of confusion.  See In re Mighty Leaf Tea, 601 F.3d 1342, 94
`USPQ2d 1257 (Fed. Cir. 2010); In re Optica Int’l , 196 USPQ 775, 778 (TTAB 1977); TMEP §1207.01(b)(ii)-(iii).  Applicant’s mark does not
`create a distinct commercial impression because it contains the same common wording as the registered marks, and there is no other wording to
`distinguish it from the registered mark.
`
`Moreover, most of registrants’ additional wording is highly descriptive or generic in relation to registrants’ goods, rendering “NANO” the
`dominant feature of those marks.  Matter that is descriptive of or generic for a party’s goods is typically less significant or less dominant in
`relation to other wording in a mark.  See Anheuser-Busch, LLC v. Innvopak Sys. Pty Ltd., 115 USPQ2d 1816, 1824-25 (TTAB 2015) (citing In re
`Chatam Int’l Inc. , 380 F.3d 1340, 1342-43, 71 USPQ2d 1944, 1946 (Fed. Cir. 2004)).   For example, registrants for “NANO TOOLS,” “NANO
`SCREEN” and “NANO LIGHT” have disclaimed the terms “SCREEN” and “LIGHT” because those terms are descriptive of their goods.
`
`“NANO-UV”, “NANOLED”, “NANO LIGHTING TECHNOLOGY”, “NANO FULL LED”, “NANOHEAT”, and “NANOTOOLS” also
`pair descriptive wording with “NANO”.    “UV” and “LED” are types of lighting that describe the lighting emissions of registrants’ lighting
`and electronic goods.   See attached dictionary definitions.  “LIGHTING TECHNOLOGY” refers to the illumination of machines and equipment
`and describes a feature of that registrant’s electronic goods.  See attached dictionary definition.  “HEAT” means to make warm or hot, and
`describes the heating and warming features of registrant’s heating, cooking, and hair apparatus.  See attached dictionary definition.
`Additionally, “TOOLS” refers to handheld devices, describing the nature of that registrant’s handheld styling devices.  See attached dictionary
`definition.  Thus, these terms are less significant in terms of affecting the marks’ commercial impression, and render the wording “NANO” the
`more dominant element of the marks.
`
`Based on the above analysis, applicant’s and registrant’s marks are sufficiently similar to find a likelihood of confusion.
`
`Similarity of the Goods
`
`Applicant has applied to register its mark in connection with, among other things, “electric flat irons; electric hair irons; electric crimping irons
`for the hair; electric hair curlers; computers; monitors (computer hardware);   photocopiers (photographic, electrostatic, thermic); electric lamps;
`lighting fixtures; automobile lights; ceiling lights; chandeliers; flashlights (torches); light bulbs; arc lamps; lamp shades; fluorescent lamps; safety
`lamps for underground use; sterilization lamps; fish luring lights; mercury lamps; spot lights; infrared lamps; lights for scuba diving; sun lamps;
`searchlights; electric generating lights; incandescent lamps; discharge lamps; miniature light bulbs; lanterns; electric hair dryers for household
`and industrial purposes; electric air purifiers for household and industrial purposes; negative ion generators for household air purifiers; air
`conditioners for household purposes; gas stoves; gas cookers; barbecues; kitchen sinks; household tap-water filters; industrial air purifiers;
`negative ion generators for industrial air purifiers; air conditioners for industrial purposes; air conditioners for vehicles, air vehicles and ships;
`machines and apparatus for use in beauty salons and barbers' shops not including hairdressing chairs, namely, electric hair dryers; electric hair-
`curlers for use in beauty salons and barbers' shops; tap-water filters for industrial purposes; bath heating apparatus, namely hot water heaters for
`use with bathtubs; bathroom heaters; bathroom dryers; bathroom fans; ventilation fans for industrial purposes; industrial humidifiers; cooking
`equipment for industrial and household purposes, namely, frying machines, rice cookers, slow cookers, roasters, eating utensil sterilizers, electric
`ovens, microwave ovens, electric cookers, electric pots, electric pot cookers, electric hot plates, electric toasters, range hood fans, infrared
`cookers and heaters; electric heating dryers of bathroom for household purposes, namely electric bathroom heaters, electric bathroom fan dryers,
`electric water heaters; ventilation fans for household purposes; bath room ventilation fans for household purposes; humidifiers for household
`purposes; dehumidifiers for household purposes; gas fan heaters; oil fan heaters; gas stoves (space heaters for household use); oil stoves (space
`heaters for household use); coal stoves (space heaters for household use); gas hot water heating dryers of bathroom for household purposes,
`namely gas bathroom heaters, gas bathroom fan dryers, gas water heaters; apparatus for lighting, heating, steam generating, cooking,
`refrigerating, drying, ventilating, water supply and sanitary purposes, namely ceramic fan heaters, steam emitting devices used for and equipped
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`in steam heaters, superheated steam generators, superheated steam reducers, warm air furnaces, warm air heaters, industrial dehumidifiers,
`dehumidifiers for commercial use, steam heaters, air conditioners, street surface heaters, fan devices, namely heating fans and electric fans,
`electrolytic water generators, warm water heating devices used for and equipped in hot water heaters for use with bathtubs, hand dryers, electric
`coffee water heaters, under table electric leg heaters, electric room heaters, electric hand warmers, floor heaters, bread-baking machines, Japanese
`hand warming apparatus for household purposes, electric futons (bedding), electric kettles, room coolers, range hoods, induction heating cookers,
`disinfectant dispensers for sinks, distillers (for chemical processing), milk sterilizers, forage drying apparatus, tanks for purification of
`contaminated water, human waste treatment tanks, gas lamps, oil lamps, heating or cooling insulating objects filled with chemical substances
`ready to react when required; extractor hoods for kitchens; heat exchangers (for chemical processing); heat pumps; solar collectors (heating);
`electroluminescent (EL) panels for lighting; gas water heaters; electric water heaters; oil water heaters; heating showcases; air conditioning
`apparatus; solar water heaters; infrared-ray heaters.”
`
`The goods in Registration No. 3281311 are “Ultraviolet lamps not for medical purposes, namely ultraviolet light scanners for disinfecting
`surfaces”.
`
`The goods in Registration No. 3403153 are “Flashlights and parts therefor”.
`
`The goods in Registration No. 3573998 are “Electric hair curling irons, hair straighteners”.
`
`The goods in Registration No. 3622023 are “Water heaters; electric cooking ovens; electric toasters; electric hot water bottles; heating apparatus
`for defrosting windows of vehicles; hair dryers; electric heating apparatus, namely, electric heating cushions not for medical purposes; heating
`elements; immersion heaters; kerosene heaters”.
`
`The goods in Registration No. 3629252 are “Air purification systems, namely, air purifying apparatus and machines; air purification systems,
`namely, air purifiers; and air purification systems, namely, air purification units”.
`
`The goods in Registration No. 3941782 are “Lighting fixtures”.
`
`The goods in Registration No. 4051042 include, among other things, “monitors for computer; lap top computers; computers; electronic note pad
`computer; tablet computer”.
`
`The goods in Registration No. 4054248 include, among other things, “monitors for computer; lap top computers; computers; electronic note pad
`computer; tablet computer; thermal printers; digital colour printers; laser printers; ink jet printers; colour printers; printers for computers”.
`
`The goods in Registration No. 4200715 include, among other things, “Monitors for personal computers; Laptop computers”.
`
`The goods in Registration No. 4297962 are “Hand-held electric hair dryers”.
`
`The goods in Registration No. 4412034 are “Electric irons for styling hair”.
`
`The goods in Registration No. 4762624 include, among other things, “water treatment equipment, namely, membrane filter cartridges for the
`filtration of water”.
`
`The goods of the parties need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc.,
`229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir.
`2000) (“[E]ven if the goods in question are different from, and thus not related to, one another in kind, the same goods can be related in the mind
`
`of the consuming public as to the origin of the goods.”); TMEP §1207.01(a)(i).   
`
`The respective goods need only be “related in some manner and/or if the circumstances surrounding their marketing [be] such that they could
`give rise to the mistaken belief that [the goods] emanate from the same source.”   Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356,
`1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP
`§1207.01(a)(i).
`
`With respect to applicant’s and registrant’s goods, the question of likelihood of confusion is determined based on the description of the goods
`stated in the application and registration at issue, not on extrinsic evidence of actual use.  See Stone Lion Capital Partners, LP v. Lion Capital
`LLP, 746 F.3d 1317, 1323, 110 USPQ2d 1157, 1162 (Fed. Cir. 2014) (quoting Octocom Sys. Inc. v. Hous. Computers Servs. Inc., 918 F.2d 937,
`
`942, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990)).  
`
`Absent restrictions in an application and/or registration, the identified goods are “presumed to travel in the same channels of trade to the same
`class of purchasers.”   In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v.
`Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).  Additionally, unrestricted and broad identifications are
`presumed to encompass all goods of the type described.  See In re Jump Designs, LLC, 80 USPQ2d 1370, 1374 (TTAB 2006) (citing In re
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`Elbaum, 211 USPQ 639, 640 (TTAB 1981)); In re Linkvest S.A., 24 USPQ2d 1716, 1716 (TTAB 1992).  
`
`Applicant has applied to use its mark in connection with lighting goods that are identical to or related to the ultraviolet lamps, flashlights, and
`lighting fixtures in in Registration Nos. 3281311, 3403153, and 3941782.   As an initial matter, applicant’s lighting fixtures and flashlights are
`identical to those in Registration Nos. 3403153 and 3941782 and have no restrictions as to nature, type, channels of trade, or classes of
`purchasers.  Therefore, it is presumed that these goods travel in all normal channels of trade, and are available to the same class of purchasers.  
`See Midwestern Pet Foods, Inc. v. Societe des Produits Nestle S.A., 685 F.3d 1046, 1053, 103 USPQ2d 1435, 1440 (Fed. Cir. 2012). 
`Accordingly, those goods are related.
`
`Applicant’s remaining lighting goods are also related.  The attached Internet evidence consists of screen captures from Pottery Barn, Ikea,
`Crate & Barrel, Ballard Designs, and Philips.  This evidence establishes that the same entity commonly produces these lighting goods and
`markets the goods under the same mark. Therefore, these goods are related.   See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04
`(TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).
`
`Applicant’s hair styling tools are also related to the hair styling tools in Registration Nos. 3573998, 3622023, 4297962, and 4412034.   Here,
`most of applicant’s hair styling goods – specifically, hair dryers, hair curlers, flat irons, hair irons – are legally identical to registrants’ goods.
`Applicant’s crimping irons are also related.   Attached are screen captures from Sally Beauty (featuring Gold ‘N Hot), Bed Head, and
`Remington, entities that make crimping irons and registrants’ hair styling tools.   This evidence establishes that the same entity commonly
`produces these hair styling goods and markets the goods under the same mark. Therefore, these goods are related. See, e.g., In re Davey Prods.
`Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).
`
`Applicant also has several computer goods that are related to the computers and computer-related goods in Registration Nos. 4051042, 4054248,
`and 4200715.  Several of applicant’s goods are identical or are broad enough to encompass these registrants’ computer goods – specifically,
`computer monitors and computers.  Applicant’s goods also include photocopiers that are related to registrants’ computers, monitors, and
`photocopiers.    Attached are screen captures from Xerox, Samsung, and HP, entities that make photocopiers and registrants’ computer goods.  
`This evidence establishes that the same entity commonly produces photocopiers and registrants’ computer goods and markets the goods under
`the same mark.  Therefore, those goods are related.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re
`Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).
`
`Applicant’s goods include several air purification and water filtration goods that are related to similar goods in Registration Nos. 3629252 and
`4762624.  Specifically, the air purification systems and apparatus in Registration No. 3629252 are broadly worded and have no restrictions as to
`nature, type, channels of trade, or classes of purchasers.  This wording is presumed to include the more specific purification apparatus in
`applicant’s identification (e.g., negative ion generators for industrial air purifiers), and are therefore related.   Applicant’s water filters are also
`related to the water filter cartridges in Registration No. 4762624.  Attached are screen captures from American Plumber, Keystone, and Everpure,
`entities that produce water filters and filter cartridges.  This evidence establishes that the same entity commonly produces water filters and
`registrant’s filter cartridges, and markets the goods under the same mark.  Thus, these goods are also related.
`
`Lastly, applicant has applied for several cooking, heating, and cooling goods that are related to similar goods in Registration No. 3622023.  The
`trademark examining attorney has attached evidence from the USPTO’s X-Search database consisting of a number of third-party marks
`registered for use in connection with the same or similar heating and cooking goods as those of both applicant and this registrant.  This evidence
`shows that the heating and cooking goods listed therein are of a kind that may emanate from a single source under a single mark.  See In re
`Aquamar, Inc., 115 USPQ2d 1122, 1126 n.5 (TTAB 2015) (citing In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988)); In
`re Albert Trostel & Sons Co., 29 USPQ2d 1783, 1785-86 (TTAB 1993); TMEP §1207.01(d)(iii).
`
`Based on the foregoing analysis, applicant’s and registrants’ goods are related.
`
`Accordingly, because applicant’s and registrant’s marks are similar and the goods are related, consumers are likely to be confused and
`registration must be refused under Section 2(d) of the Lanham Act.
`
`Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support
`of registration.  However, if applicant responds to the refusal, applicant must also respond to the requirements set forth below.
`
`Identification and Classification of Goods
`
`In Class 7, the wording “elevators (lifts) garbage disposals with deodorization function” in the identification of goods is indefinite and must be
`clarified.  See TMEP §1402.01.  Specifically, applicant must clarify whether its elevators and garbage disposals are separate entries by adding a
`semi-colon between the two entries.  Additionally, this wording contains parentheses.  Generally, parentheses and brackets should not be used in
`identifications.  TMEP §1402.12.  The USPTO generally uses brackets to indicate goods and/or services that have been deleted from
`registrations.  See id.  Parenthetical information is permitted in identifications only if it serves to explain or translate the matter immediately
`preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “obi (Japanese sash).”   Id.  Therefore,
`applicant must remove the parentheses from the identification and incorporate any parenthetical information into the description of the goods.
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`The wording “automatic warehousing systems” in the identification of Class 7 goods is also indefinite and must be clarified.   See TMEP
`§1402.01.  Indefinite words such as “systems” must be followed by “namely,” followed by a list of the specific goods identified by their
`common commercial or generic names, such as machines for sorting machine parts.  See TMEP §§1401.05(d), 1402.03(a).
`
`In Class 9, the wording “ ionisation apparatus, not for the treatment of air” in the identification of goods is indefinite and must be clarified
`
`because applicant must further specify use of the ionization apparatus, such as scientific or laboratory use.  See TMEP §1402.01.  
`
`The wording “navigation apparatus for vehicles (on-board computers)”; “monitors (computer hardware)”; and “photocopiers (photographic,
`electrostatic, thermic)” in the identification of Class 9 goods contains parentheses.   As noted above, parentheses and brackets should not be used
`in identifications.  TMEP §1402.12.  Applicant must remove the parentheses from the identification and incorporate any parenthetical
`information into the description of the goods.
`
`In Class 11, the wording “electric generating lights” in the identification of goods is indefinite and must be clarified.   See TMEP §1402.01. 
`Applicant must clarify the nature and function of the goods, such as electric lighting fixtures for generating lighting.
`
`The wording “lanterns” in the identification of Class 11 goods is indefinite and must be clarified because applicant must specify the type of
`
`lanterns, such as lanterns for lighting or electric lanterns.  See TMEP §1402.01.  
`
`The wording “electric toilet deodorizing apparatus for household purposes” in the identification of Class 11 goods is indefinite and must be
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`clarified because applicant must specify the type of deodorizing apparatus, such as electric toilet deodorizing units.  See TMEP §1402.01.  
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`The wording “electric skin beautifiers using steam for household and industrial purposes”;
`“electric facial beautifiers using steam for household and industrial purposes”; and “electric facial skin beautifiers using steam” in the
`identification of Class 11 goods is indefinite and must be clarified because applicant must specify the common name of the beautifiers, such as
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`electric facial steamers.  See TMEP §1402.01.  
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`The wording “electric or steam appliances for skin and beauty care for household and industrial purposes, namely, saunas and electronic
`steamers for skin and beauty care” in the identification of Class 11 goods is indefinite and must be clarified because applicant must specify the
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`body parts for which its “electronic steamers” are intended, such as an electronic facial steamer.   See TMEP §1402.01.  
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`The wording “bathroom floors” in the identification of Class 11 goods is indefinite and must be clarified because applicant must specify the
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`types of Class 11 bathroom floors, such as bathroom shower bases.  See TMEP §1402.01.  
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`The wording “bathroom walls” in the identification of Class 11 goods is indefinite and must be clarified because applicant must specify the type
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`of Class 11 bathroom walls, such as bathroom shower panels.  See TMEP §1402.01.  
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`The wording “bathroom ceilings” in the identification of Class 11 goods is indefinite and must be clarified because applicant must specify the
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`type of Class 11 bathroom ceilings, such as bathroom shower enclosure ceilings.  See TMEP §1402.01.  
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`The wording “bathroom doors” in the identification of Class 11 goods is indefinite and must be clarified because applicant must specify the type
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`of Class 11 bathroom doors, such as bathroom shower doors.  See TMEP §1402.01.  
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`The wording “washing bowls” in the identification of Class 11 goods is indefinite and must be clarified because applicant must specify the type
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`of Class 11 washing bowls, such as lavatory bowls.  See TMEP §1402.01.  
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`The wording “gripping bars for bathtub and bathroom vents” in the identification of Class 11 goods is indefinite and must be clarified because
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`applicant must clarify the nature of these vent goods, such as ventilating louvers used for gripping.  See TMEP §1402.01.  
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`The wording “cold or low temperature water pipes” in the identification of Class 11 goods is indefinite and must be clarified because applicant
`must specify that the facility or plumbing installations of which the pipes are a part for proper classification in Class 11, such as a bath plumbing
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`installations or sanitary facilities.  See TMEP §1402.01.  
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`The wording “shower units, comprising shower floors, shower walls, shower ceilings, shower doors, shower washing areas, shower heads,
`shower corner shelves, shower surrounds, shower enclosures, shower gripping bars, shower vents, shower faucets, faucets, cold or low
`temperature water pipes, shower drainage pipes, shower lighting” in the identification of Class 11 goods is indefinite and must be clarified.   See
`TMEP §1402.01.  Specifically, applicant must further specify the nature of the Class 11 “shower floors,” “shower walls,” and “shower
`washing areas” that are a part of the shower units, such as shower platforms, shower panels, or shower bases.   Applicant also must clarify that
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`the items within the shower units are sold together.  
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`The wording “bathroom heaters” in the identification of Class 11 goods is indefinite and must be clarified because applicant must specify how
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`the heaters are powered, such as an electric bathroom heater.  See TMEP §1402.01.  
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`The wording “bathroom dryers” in the identification of Class 11 goods is indefinite and must be clarified because applicant must specify the
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`type of dryers and how they are powered, such as electric hand drying apparatus for bathrooms.  See TMEP §1402.01.  
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`The wording “bathroom fans” in the identification of Class 11 goods is indefinite and must be clarified because applicant must specify how the
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`fan is powered or the type of fan, such as an electric fan or a bathroom exhaust fan.  See TMEP §1402.01.  
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`The wording “cooking equipment for industrial and household purposes, namely, frying machines, rice cookers, slow cookers, roasters, eating
`utensil sterilizers, electric ovens, microwave ovens, electric cookers, electric pots, electric pot cookers, electric hot plates, electric toasters, range
`hood fans, infrared cookers and heaters” in the identification of Class 11 goods is indefinite and must be clarified because applicant must how its
`frying machines, rice cookers, slow cookers, and roasters are powered, such as electric or gas-powered.  See TMEP §1402.01.  Within this
`wording, applicant also must specify the type of electric ovens and electric pots it produces, such as electric cooking ovens or electric cooking
`pots.
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`The wording “apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes,
`namely, ceramic fan heaters, steam emitting devices used for and equipped in steam heaters, superheated steam generators, superheated steam
`reducers, warm air furnaces, warm air heaters, industrial dehumidifiers, dehumidifiers for commercial use, steam heaters, air conditioners, street
`surface heaters, fan devices, namely, heating fans and electric fans, electrolytic water generators, warm water heating devices used for and
`equipped in hot water heaters for use with bathtubs, hand d