throbber
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`*79204033*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`   
`
`U.S. APPLICATION
`SERIAL NO.   79204033
`
`           
`
`MARK: HDR
`
`CORRESPONDENT
`ADDRESS:
`  
`       SAMEJIMA
`Mutsumi; AOYAMA &
`PARTNERS
`
`       Umeda Hankyu Bldg.
`  
`Office Tower,
`
`         8-1, Kakuda-cho,
`Kita-ku,
`
`           Osaka 530-0017
`
`    
`
`    JAPAN
`
`APPLICANT: Panasonic
`Corporation
`
`    
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`NO:       
`
`  N/A
`
`   
`
`CORRESPONDENT
`
`E-MAIL ADDRESS:       
`
`INTERNATIONAL REGISTRATION NO. 1336444
`
`OFFICE ACTION
`
`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.
`
`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.
`
`SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
`
`Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 4915946 and
`5202860.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registration.
`
`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 and/or services 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/or services, and similarity
`of the trade channels of the goods and/or services.  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.
`
`SIMILARITIES IN MARKS
`
`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
`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 Bay State Brewing Co., 117 USPQ2d 1958, 1960 (TTAB 2016) (quoting Coach Servs., Inc. v. Triumph Learning
`LLC, 668 F.3d 1356, 1368, 101 USPQ2d 1713, 1721 (Fed. Cir. 2012)); 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.  In re Bay State Brewing Co., 117 USPQ2d at 1960
`(citing Spoons Rests. Inc. v. Morrison Inc., 23 USPQ2d 1735, 1741 (TTAB 1991), aff’d per curiam , 972 F.2d 1353 (Fed. Cir. 1992)); In re C.H.
`Hanson Co., 116 USPQ2d 1351, 1353 (TTAB 2015) (citing Joel Gott Wines LLC v. Rehoboth Von Gott Inc., 107 USPQ2d 1424, 1430 (TTAB
`2013)); TMEP §1207.01(b).
`
`  For a
`In this case, Applicant’s mark “HDR” stylized is highly similar to the registered marks “HDR” with design in sound and meaning.
`composite mark containing both words and a design, the word portion may be more likely to indicate the origin of the goods and/or services
`because it is that portion of the mark that consumers use when referring to or requesting the goods and/or services.  Bond v. Taylor, 119 USPQ2d
`1049, 1055 (TTAB 2016) (citing In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908, 1911 (Fed. Cir. 2012)); TMEP
`§1207.01(c)(ii).  Thus, although such marks must be compared in their entireties, the word portion is often considered the dominant feature and
`is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed.  In re
`Viterra Inc., 671 F.3d at 1366-67, 101 USPQ2d at 1911 (citing Giant Food, Inc. v. Nation’s Foodservice, Inc. , 710 F.2d 1565, 1570-71, 218
`USPQ2d 390, 395 (Fed. Cir. 1983)).  Here, Applicant’s mark consists entirely of “HDR” and there are no other distinguish words or designs to
`create a different commercial impression.
`







`  
`

`

`SIMILARITIES OF GOOD / SERVICES
`
`The goods and/or services 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 and/or services need only be “related in some manner and/or if the circumstances surrounding their marketing are such
`that they could give rise to the mistaken belief that [the goods and/or services] 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).
`
`In this case, Applicant’s goods, “ Cameras; digital cameras; camcorders; video cameras; apparatus for recording, transmission or reproduction
`of sound or images; blank flash memory cards; electronic memory card readers; electronic memory card writers; computer software for video
`editing and video content management; computer application software for video editing and video content management; computers; computer
`peripheral devices” are highly similar to the registered goods, “ TV receivers; Flat panel display screens and Plasma display panel (PDP) for TV;
`computer monitors for commercial use; Software for TV, namely, software for interactive television user interface applications and operating
`television receivers; Smartphones; Portable communications apparatus for transmission of communication; Audio electronic components,
`namely, surround sound systems; Apparatus for recording, transmission or reproduction of sound or images; computer application software for
`mobile phones, portable media players, and handheld computers, namely, software for use in database management, and use in electronic storage
`of data; downloadable software for mobile phones for recording, transmitting and reproducing sound, images, documents, emails, voice
`messages and text messages on mobile phones; Wearable smartphones; Mobile phone cases; Portable mobile phone battery chargers;
`Headphones; Earphones; Wireless headphones” and “Apparatus for recording, transmission or reproduction of sound or images, including video
`recorders, video players, personal digital assistants, photographic cameras, flat panel displays for computers, televisions, mobile phones, digital
`phones, monitors, namely, liquid crystal display monitors and plasma monitors, and computer monitors; computers and tablet computers;
`computer software for use in creating images”   because they both consist of apparatus for recording, transmission or reproduction of sound,
`images, documents, etc and computer software used in connection of editing and creating images.
`
`DOUBT RESOLVED IN FAVOR OF REGISTRANT
`
`The overriding concern is not only to prevent buyer confusion as to the source of the goods and/or services, but to protect the registrant from
`adverse commercial impact due to use of a similar mark by a newcomer.  See In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690
`(Fed. Cir. 1993).  Therefore, any doubt regarding a likelihood of confusion determination is resolved in favor of the registrant.  TMEP
`§1207.01(d)(i); see Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62 USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper
`Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6 USPQ2d 1025, 1026 (Fed. Cir. 1988).
`
`Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in
`support of registration.
`
`SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
`
`Registration is refused because the applied-for mark merely describes a feature of applicant’s goods and/or services.  Trademark Act
`Section 2(e)(1), 15 U.S.C. §1052(ee)(1); see TMEP §§1209.01(b), 1209.03 et seq.
`
`A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods
`and/or services.  TMEP §1209.01(b); see, e.g., In re TriVita, Inc., 783 F.3d 872, 874, 114 USPQ2d 1574, 1575 (Fed. Cir. 2015) (quoting In re
`Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75
`
`USPQ2d 1420, 1421 (Fed. Cir. 2005) (citing Estate of P.D. Beckwith, Inc. v. Comm’r of Patents , 252 U.S. 538, 543 (1920)).  
`
`Determining the descriptiveness of a mark is done in relation to an applicant’s goods and/or services, the context in which the mark is being
`used, and the possible significance the mark would have to the average purchaser because of the manner of its use or intended use.  See In re The
`Chamber of Commerce of the U.S., 675 F.3d 1297, 1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012) (citing In re Bayer Aktiengesellschaft, 488
`F.3d 960, 963-64, 82 USPQ2d 1828, 1831 (Fed. Cir. 2007)); TMEP §1209.01(b).  Descriptiveness of a mark is not considered in the abstract.  In
`re Bayer Aktiengesellschaft, 488 F.3d at 963-64, 82 USPQ2d at 1831.
`
`In this case, Applicant’s mark   is “HDR” for “ Cameras; digital cameras; camcorders; video cameras; apparatus for recording, transmission
`or reproduction of sound or images; blank flash memory cards; electronic memory card readers; electronic memory card writers; computer
`software for video editing and video content management; computer application software for video editing and video content management;
`computers; computer peripheral devices”. The mark is immediately descriptive because it conveys without any ambiguity a feature of
`Applicant’s goods. “HDR” stands for “H IGH DYNAMIC RANGE” and denotes a type of setting for which pictures can be taken.   See
`





`

`

`attached pages from the internet which explain “HDR”.   “HDR”, in some circumstances, results in crisper and finer photos and thus, the mark is
`immediately descriptive in relation to the goods as it immediately describes a feature of the cameras.
`
`Two major reasons for not protecting descriptive marks are (1) to prevent the owner of a descriptive mark from inhibiting competition in the
`marketplace and (2) to avoid the possibility of costly infringement suits brought by the trademark or service mark owner.  In re Abcor Dev.
`Corp., 588 F.2d 811, 813, 200 USPQ 215, 217 (C.C.P.A. 1978); TMEP §1209.  Businesses and competitors should be free to use descriptive
`language when describing their own goods and/or services to the public in advertising and marketing materials.  See In re Styleclick.com Inc., 58
`USPQ2d 1523, 1527 (TTAB 2001).
`
`MARK DESCRIPTION NEEDED
`
`The applied-for mark is not in standard characters and applicant did not provide a description of the mark with the initial application. 
`Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies literal
`
`elements as well as any design elements.  See 37 C.F.R. §2.37; TMEP §§808.01, 808.02, 808.03(b).  
`
`Therefore, applicant must provide a description of the applied-for mark.  The following is suggested:
`
`The mark consists of the stylized term “HDR”.
`
`WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL:  Any response to this provisional refusal must be
`personally signed by an individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant (e.g., a corporate
`officer or general partner).  37 C.F.R. §§2.62(b), 2.193(e)(2)(ii); TMEP §712.01.  If applicant hires a qualified U.S. attorney to respond on his or
`her behalf, then the attorney must sign the response.  37 C.F.R. §§2.193(e)(2)(i), 11.18(a); TMEP §§611.03(b), 712.01.  Qualified U.S. attorneys
`include those in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other U.S.
`commonwealths or U.S. territories.  See 37 C.F.R. §§2.17(a), 2.62(b), 11.1, 11.14(a); TMEP §§602, 712.01.  Additionally, for all responses, the
`proper signatory must personally sign the document or personally enter his or her electronic signature on the electronic filing.  See 37 C.F.R.
`§2.193(a); TMEP §§611.01(b), 611.02.  The name of the signatory must also be printed or typed immediately below or adjacent to the signature,
`or identified elsewhere in the filing.  37 C.F.R. §2.193(d); TMEP §611.01(b).
`
`In general, foreign attorneys are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an
`amendment to an application, or submit legal arguments in response to a requirement or refusal).  See 37 C.F.R. §11.14(c), (e); TMEP §§602.03-
`
`.03(b), 608.01.  
`
`DESIGNATION OF DOMESTIC REPRESENTATIVE:  The USPTO encourages applicants who do not reside in the United States to
`designate a domestic representative upon whom any notice or process may be served.  TMEP §610; see 15 U.S.C. §§1051(e), 1141h(d); 37
`
`C.F.R. §2.24(a)(1)-(2).  Such designations may be filed online at http://www.uspto.gov/trademarks/teas/correspondence.jsp.  
`
`WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL:  Any response to this provisional refusal must be
`personally signed by an individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant (e.g., a corporate
`officer or general partner).  37 C.F.R. §§2.62(b), 2.193(e)(2)(ii); TMEP §712.01.  If applicant hires a qualified U.S. attorney to respond on his or
`her behalf, then the attorney must sign the response.  37 C.F.R. §§2.193(e)(2)(i), 11.18(a); TMEP §§611.03(b), 712.01.  Qualified U.S. attorneys
`include those in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other U.S.
`commonwealths or U.S. territories.  See 37 C.F.R. §§2.17(a), 2.62(b), 11.1, 11.14(a); TMEP §§602, 712.01.  Additionally, for all responses, the
`proper signatory must personally sign the document or personally enter his or her electronic signature on the electronic filing.  See 37 C.F.R.
`§2.193(a); TMEP §§611.01(b), 611.02.  The name of the signatory must also be printed or typed immediately below or adjacent to the signature,
`or identified elsewhere in the filing.  37 C.F.R. §2.193(d); TMEP §611.01(b).
`
`In general, foreign attorneys are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an
`amendment to an application, or submit legal arguments in response to a requirement or refusal).  See 37 C.F.R. §11.14(c), (e); TMEP §§602.03-
`
`.03(b), 608.01.  
`
`DESIGNATION OF DOMESTIC REPRESENTATIVE:  The USPTO encourages applicants who do not reside in the United States to
`designate a domestic representative upon whom any notice or process may be served.  TMEP §610; see 15 U.S.C. §§1051(e), 1141h(d); 37
`
`C.F.R. §2.24(a)(1)-(2).  Such designations may be filed online at http://www.uspto.gov/trademarks/teas/correspondence.jsp.  
`






`

`

`   
`
`/Thomas, Janice/
`
`Janice K. Thomas
`
`Trademark Examiner
`
`Law Office 103
`
`571.272.8869
`
`janice.thomas@uspto.gov
`
`TO RESPOND TO THIS LETTER:   Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp.   Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. 
`For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned
`trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
`
`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the
`
`response.  
`
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION:   To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/.   Please keep a copy of the TSDR status screen.   If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.   For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
`





`  
`

`

`Print: Aug 21, 201?
`
`79162105
`
`DESIGN MARK
`
`Serial Number
`T9162105
`
`Status
`REGISTERED
`
`Word Mark
`HDR
`
`Standard Character Mark
`No
`
`Registration Number
`4915946
`
`Date Registered
`2016x03x15
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[3] DESIGN PLUS WORDS, LETTERS ANonR NUMBERS
`
`Owner
`Koninklijke Philips nv public limited liability company NETHERLANDS
`High Tech Campus 5 NL-5656 AE Eindhoven NETHERLANDS
`
`GoodsfServiees
`Class Status -- ACTIVE.
`
`IC 009.
`
`US
`
`021 023 026 036 033.
`
`G & 8:
`
`transmission or reproduction of sound or
`Apparatus for recording,
`images,
`including video recorders, video players, personal digital
`assistants, photographic cameras, flat panel displays for computers,
`televisions, mobile phones, digital phones, monitors, namely,
`liquid
`crystal display monitors and plasma monitors, and computer monitors;
`computers and tablet computers; computer software for use in creating
`images.
`
`Priority Date
`ESTA/DSHDG
`
`Disclaimer Statement
`No CLAIM Is MADE To THE EXCLUSIVE RIGHT To USE "HDR" APART FROM THE
`MARK AS SHOWN.
`
`Description of Mark
`
`

`

`Print: Aug 21, 201?
`
`79162105
`
`
`
`r1
`the stylized wording "hdr" in
`_he mark consists of the following:
`black, and appearing to the left of the stylized wording "hdr",
`three
`intersecting rectangles with the left rectangle in red and orange,
`the
`center rectangle in green,r yellow and orange with a white centerIr and
`the right rectangle in blue and black.
`
`Colors Claimed
`
`The coloris] red, orange, green, yellow, blue, black, and white isfare
`claimed as a feature of the mark.
`
`Filing Date
`2015H01H3D
`
`Examining iluttnrneyr
`VALLILLO , MELI 8 SA
`
`Attorney of Record
`EDWARD W. GOODMAN, EDWARD BLOCHER, MICHAEL E. MARION, DAVID SCHREIBER
`
`

`

`
`
`

`

`Print: Aug 21, 201?
`
`86939543
`
`DESIGN MARK
`
`serial Number
`88838548
`
`Status
`REGISTERED
`
`Word Mark
`I—IDR
`
`Standard Character Mark
`No
`
`Registration Number
`5282888
`
`Date Registered
`zoiixosxie
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[3] DESIGN PLUS woRDS, LETTERS ANonR NUMBERS
`
`
`
`Owner
`LG ELECTRONICS INC. coRPORATION REPUBLIC oE KoREA 128, Yeoui—daero,
`Yeongdeungpo-gu Seoul 150—121 REPUBLIC OF KOREA
`
`GoodsfServioes
`Class Status -- ACTIVE.
`
`IC 009.
`
`US
`
`021 023 026 036 038.
`
`G & 8: TV
`
`[PDPJ
`receivers; Flat panel display screens and Plasma display panel
`for TV; computer monitors for commercial use; Software for TV, namely,
`software for interactive television user interface applications and
`operating television receivers: Smartphones: Portable communications
`apparatus for transmission of communication; Audio electronic
`components, namely, surround sound systems; Apparatus for recording,
`transmission or reproduction of sound or images; computer application
`software for mobile phones, portable media players, and handheld
`computers, namely, software for use in database management, and use in
`electronic storage of data; downloadable software for mobile phones
`for recording,
`transmitting and reproducing sound,
`images, documents,
`emails, voice messages and text messages on mobile phones; Wearable
`smartphones; Mobile phone cases: Portable mobile phone battery
`Chargers; Headphones; Earphones; Wireless headphones.
`
`Foreign lCiountryr Name
`
`

`

`Pri n1: Aug 21, 201?
`
`86939543
`
`ERPN UNION EUTM
`
`Foreign Priority
`ECREIGM PRIORITY CLAIMED
`
`Foreign Application Number
`402015001195
`
`Foreign Filing Date
`ZOlEHOZHlT
`
`Foreign Registration Number
`015212582
`
`Foreign Registration Date
`2016x09x19
`
`Foreign Expiration Date
`2020/03/14
`
`Disclaimer Statement
`Mo CLAIM Is MADE To THE EXCLUSIVE RIGHT To USE "HDR" APART FROM THE
`MARK AS SHOWN.
`
`Description of Mark
`in black to the right of a
`The mark consists of the letters "HDR"
`white star within a black square, multiple triangles in the colors
`blue, purple,
`red, pink, orange, yellow and green surround the square
`forming an outline of another larger square. The color white in the
`background represents transparent areas and is not part of the mark.
`
`Colors Claimed
`The colorls] blue, purple, red, pink, orange, yellow, green, white,
`and black isfare claimed as a feature of the mark.
`
`Filing Date
`2016f03fl4
`
`Examining Attorney
`ERAEIER, TAMARA
`
`Attornegllr of Record
`Robert J. Kenney
`
`

`

`
`
`

`

`Print: Aug 21, 201?
`
`854-36280
`
`DESIGN MARK
`
`serial Number
`85486280
`
`Status
`REGISTERED
`
`Word Mark
`GINGER HDR
`
`Standard Character Mark
`Yes
`
`Registration Number
`4838538
`
`Date Registered
`2813x85x21
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[4
`STANDARD CHARACTER MARK
`
`
`
`Owner
`lglights, LLC LIMITED LIABILITY COMPANY CALIFORNIA 588 Wilshire Blvd.,
`Suite 280 Santa Monica CALIFORNIA 90401
`
`GoodsfServioes
`Class Status —— ACTIVE.
`
`10 009.
`
`US
`
`021 023 026 036 038.
`
`G a 8:
`
`Computer software and applications for use in the field of digital
`photography, namely, computer software for use in image processing,
`and digital image enhancement and modification. First Use:
`20llf12ffll. First Use In Commerce: 2012f03f14.
`
`Disclaimer Statement
`No CLAIM Is MADE TO THE EXCLUSIVE RIGHT To USE "HDR" APART FROM THE
`MARK AS SHOWN.
`
`Filing Date
`2011H12/02
`
`Examining Attorney
`KIM, SOPHIA S.
`
`Attorneyr of Record
`
`

`

`Pri n1: Aug 21, 201?
`
`854-36280
`
`Lisa Greenwald—Swire
`
`

`

`GINGER HDR
`
`

`

`
`nuns //iiiehaci<er Com/5991SOS/59915085991508/5991508/5991508/59915US/Wl‘i61+}1'1dFaflerl'iel'iiSh0Ll1diliLlSeiltiil‘i
`-m -ghotos
`08/21/2017101711AM
`
`
`
`Set
`
`ur Sights High.
`
`FDIC
`
`Open a Premier High Yield
`Savings Account
`
`Ci'l'Bank -
`
`Wammemcmrfiemm‘"WSW”
`
`Add your email address
`
`'
`
`What is HDR and When Should I Use It In My
`Photos?
`
`You may also like
`
`i
`i.‘ ,
`,
`. Whilson Garden
`
`,
`
`:
`
`ASK LIFEHACKERv
`
` Gilmndo
`High-Speed Rail to Ametica
`
`Why Japan’s Bullet Tlain Will Finally Bring
`
`Dear Lifehacker,
`I've got this setting called "HDR" on my phone's camera, but I‘m still not
`
`
`

`

`nuns muehacker corn/5991508/5991508/5991508/5991508/5991508/5991508/whaHsfhdriandrwhenishouldrliuseiltiln
`-m -ghotos
`08/21/2017101711AM
`
`sure what it dues. It's supposed to make my pictures look better, but
`sometimes my pictures just come out blurry or washed out! Am I doing
`something wrong?
`
`Confused Cameraphone
`
`Update: This post originally appeared on Lifehacker in March 2013. We've
`updated it to include the awesome video belawfrom Teehquickie.
`
`Dear Confused,
`HDR stands for High Dynamic Range imaging, and it's an old photography
`practice recently introduced to cameraphones like the iPhone and some
`Android devices (or with the use of speqial apps). You're on the right track:
`it's supposed to make your pictures look better, but it depends on when you
`use it. Here's a quick primer on how HDR works, and when you
`shouldiand shouldn'titum it on.
`
`HDR, as its name implies, is a method that aims to add more "dynamic
`"Wfiu i, ,,1,,i,,,,,L, , ,1,,,,, J,,,,,,-, ”W” :, LL, flu, JILL“, JWL
`
`,
`
`

`

`mos Mitehacker corn/5991508/5991508/5991508/5991508/5991508/5991508/whaHsthdrtandrwhentshomdrltusetlttin
`-m -photos
`08/21/2017101711AM
`
`range" to photographs, where dynamic range is the ratio of light to dark in a
`photograph. Instead ofjust taking one photo, HDR uses three photos, taken
`at different exposures. You can then use image editing software to put those
`three imeges together and highlight the best parts of each photo. In the case
`of HDR on smadphones, your phone does all the work for youijust snap
`your picture and it'll spit out one regular photo and one HDR photo. The
`result is something that should look more like what your eyes see, rather
`than what vnur mmnm man
`
`This is why, when you turn HDR mode on, your phone lakes a little longer
`
`Check out the image above tor an example. It wasn‘t taken With a
`
`

`

`
`
`mics Wrehacker corn/5991508/5991508/5991508/5991508/5991508/5991508/whaHsfhor,andrwheneshomdrleuseelmn
`photos
`08/21/2017101711AM
`
`yum.» u... me ”man “new nun m. emmpm. u “as" . mam. mu. n
`cameraphone, but it's a good demonstration of what HDR can do. If you
`want more detailed information on how HDR works, our friends at the
`HowiTo Geek have a great explainer. Photo by Mszklurmy.
`
`When You Should Use HDR
`
`As we said, HDR is designed to help you take betterilooking photos,
`especially in certain situations. Here's where you should try using HDR:
`
`
`
`- Landscapes: Big landscape photos usually have a lot of contrast
`between the sky and land, which is difficult for your camera to deal
`with in just one photo. With HDR, you can capture the sky's detail
`without making the land look too dark, and vice versa.
`
`important aspects of a good photo, but too much lighting on someone's
`faceilike harsh sunlightioan cause dark shadows, bright glare, and
`other unflattering characteristics. HDR can even that all out and make
`your subject look better.
`- Low-Light and Baeklit Seenes (see above): If your photo is looking
`a mug too darkiwhjch often happens if your scene has too much
`backlight—HDR can brighten up the foreground without washing out
`the well-lit portions of your photo. Photos by Jacob Relff.
`
`

`

`
`
`nuns Mfehacker corn/5991508/5991508/5991508/5991508/5991508/5991508/whaHsfhdriandrwhenishouldrliuseilmn
`-ghotos
`08/21/2017101711AM
`
`When You Shouldn't Use HDR
`
`Of course, as you've discovered, sometimes HDR actually makes your
`
`1gnorec1:
`
`
`- Photos with Movement (see above): If any ofyour subjects are
`moving (or might move), HDR increases the chance of a blurry photo.
`Remember, HDR takes three pictures, so ifyour subject moves between
`me first and second shut, your final picture wuu't 100k very good. Phuiu
`by William Hook.
`- High-Contrast Scenes: Some photos look better with stark contrast
`between the dark and light parts of the photo, like if you have a dark
`shadow or silhouette you want to highlight. HDR will make this less
`intense, resulting in a less interesting photo.
`- Vivid Colors: Ifyour scene is too dark or too light, HDR can bring
`some ofthe color hack. However. if you're dealine with colors that are
`
`Luckiiy, most HDR cameraphones will give you two images: one with HDR
`turned off, and one with it turned on. That means that you can always give
`HDR a shot and see what the comparison looks like before turning it off
`altogether (as long as you have time to sit through the extra few seconds of
`
`

`

`
`
`mus Wrehacker corn/5991508/5991508/5991508/5991508/5991508/5991508/whaHsfhdreandrwheneshomdrleuseelmn
`-ghotos
`08/21/2017101711AM
`
`photoetaking). As with all things photography, you can‘t go wrong
`experimenting! These guidelines should help you out, but don't be afraid to
`snap a few photos and look at them later. Ouoe you get the hang of it, HDR
`can be a great tool for getting better pictures. While you're at it, check out
`our general tips for talgirg,
`
`
`
`few years, but they don't always take...
`Read mole
`
`Sinmerely,
`Lifehacker
`
`PS. If you're already an HDR expert, we'd love to see some of your favorite
`shots. Share them with us below!
`
`Titlephoto by Alexisp.
`
`Discussion
`
`swam") Cummumly (112) Pendlng
`
`-Share -Tweet
`6) Reply
`
`9 mike uhenu
`Never ever ever ever ever — if you're a self-respecting DSLR user.
`
`UNLESS: You have illusions being a digital illustrator, then sure, go ahead,
`ifyou like wierd halos around everything. Or if you've got the kind of point
`'11 shoot that overlays several shots in too low/too high light conditions,
`fine, be my guest.
`
`Otherwise, JUST DON'T DO IT!
`
`

`

`
`mics Wrehacker corn/5991508/5991508/5991508/5991508/5991508/5991508/whaHsfhdriandrwhenishou1drliuseilti1n
`-m -ghotos
`08/21/2017101711AM
`
`, Repw 1 22(ep11es
`
`. michiganiosh mks mgr-1
`As with most things in life, there is a time and a place fur everflhing.
`“
`L,,
`,
` an :\
`,LVV
`
`Show more commenls v
`
`
`
`
`Your best Lll'e I'IBCKS I-rom I'ICIIOH
`
`:5 mlnmefi agc -
`6 NM Dwylaa
`
`filed it) TELL us v
`
`
`
`I Iweei
`
`We asked mu fur the best life hacks ymz’ve learned from fiction, and you
`gave us it literally fantastic set oftricks, ranging fmm tiny lips like how do
`deifug a

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket