`
`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