To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation (docketingtm@hdp.com)
`
`U.S. TRADEMARK APPLICATION NO. 85519646 - FULL HD 3D - 9694-200067/
`
`9/29/2012 6:40:30 PM
`
`ECOM109@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`Attachment - 8
`Attachment - 9
`Attachment - 10
`Attachment - 11
`Attachment - 12
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`      APPLICATION SERIAL NO.        
`     MARK: FULL HD 3D                    
`
`85519646
`
`    CORRESPONDENT ADDRESS:
`         
`
`GREGORY A. STOBBS / GARRETT C. DONLEY                  
`
`HARNESS, DICKEY & PIERCE, P.L.C.
`5445 CORPORATE DR STE 200
`
`*85519646*
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`       APPLICANT:         
`  Panasonic Corporation                   CORRESPONDENT’S REFERENCE/DOCKET NO :           
`   
`9694-200067/            CORRESPONDENT E-MAIL ADDRESS:           
`
`         
`         
`
`TROY, MI 48098-2683           
`
`docketingtm@hdp.com
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE
`RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
`
`ISSUE/MAILING DATE: 9/29/2012
`
`This Office action responds to the applicant’s correspondence received August 31, 2012 and September 19, 2012.
`
`The applicant was previously advised about the potential for a likelihood of confusion between the applicant’s mark and earlier filed
`Application Serial No.  85364699.   Because the earlier filed application has matured into a registration, a refusal must be issued under Section
`2(d) of the Trademark Act.
`
` 
` 
` 
` 
` 
` 
` 
`

`

`The applicant’s claim of ownership of the prior registration, disclaimer and foreign registration certificate are accepted and entered into the
`
`record.  
`
`The applicant has also submitted an amendment to the identification of goods and services.  However, because portions of the wording remain
`unacceptable, the requirement to amend the identification of goods and services is repeated and continued.
`
`The applicant is advised as follows.
`
`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. 4141564.  Trademark
`Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the enclosed registration.
`
`Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer
`would be confused or 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). 
`The court in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) listed the principal factors to be considered
`when determining whether there is a likelihood of confusion under Section 2(d).  See TMEP §1207.01.  However, not all of the factors are
`necessarily relevant or of equal weight, and any one factor may be dominant in a given case, depending upon the evidence of record.  In re
`Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont, 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 of the goods and/or services, and similarity of trade
`channels of the goods and/or services.  See In re Opus One, Inc., 60 USPQ2d 1812 (TTAB 2001); In re Dakin’s Miniatures Inc. , 59 USPQ2d
`1593 (TTAB 1999); In re Azteca Rest. Enters., Inc., 50 USPQ2d 1209 (TTAB 1999); TMEP §§1207.01 et seq.
`
`Comparison of the Marks
`In a likelihood of confusion determination, the marks are compared for similarities in their appearance, sound, meaning or connotation and
`commercial impression.  In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b). 
`Similarity in any one of these elements may be sufficient to find a likelihood of confusion.  In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB
`1988); In re Lamson Oil Co., 6 USPQ2d 1041, 1043 (TTAB 1987); see TMEP §1207.01(b).
`
`The applicant’s mark is FULL HD 3D (and design) and the registered mark is FULL HD 3D (and design).   The marks are likely to create the
`same commercial impression in the minds of consumers, given that the literal portions of the marks are identical.  While the marks include
`design elements, this is insufficient to obviate the similarity between the marks.  Please note that for a composite mark containing both words and
`a design, the word portion may be more likely to be impressed upon a purchaser’s memory and to be used when requesting the goods and/or
`services.  In re Dakin’s Miniatures, Inc. , 59 USPQ2d 1593, 1596 (TTAB 1999); TMEP §1207.01(c)(ii); see In re Viterra Inc., 671 F.3d 1358,
`1362, 101 USPQ2d 1905, 1908, 1911 (Fed. Cir. 2012) (citing CBS Inc. v. Morrow, 708 F. 2d 1579, 1581-82, 218 USPQ 198, 200 (Fed. Cir
`1983)).  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, 101 USPQ2d at 1911 (Fed. Cir. 2012) (citing Giant Food, Inc. v. Nation’s Foodservice, Inc. , 710 F.2d 1565, 1570-71,
`
`218 USPQ2d 390, 395 (Fed. Cir. 1983)).  
`
`The applicant has argued that the wording in the marks is disclaimed.  However, in this case, it is important to note that marks must be
`considered in their entireties; therefore, a disclaimer does not remove the disclaimed portion from the mark for the purposes of comparing marks
`in a likelihood of confusion determination.  In re Nat’l Data Corp. , 753 F.2d 1056, 1058-59, 224 USPQ 749, 750-52 (Fed. Cir. 1985); Specialty
`Brands, Inc. v. Coffee Bean Distribs., Inc., 748 F.2d 669, 672, 223 USPQ 1281, 1282 (Fed. Cir. 1984); In re Iolo Techs., LLC, 95 USPQ2d 1498,
`1499 (TTAB 2010).  The public is generally not aware of disclaimers in trademark applications and registrations that reside only in the USPTO’s
`records.  See In re Nat’l Data Corp. , 753 F.2d at 1059, 224 USPQ at 751.
`
`Comparison of the Goods and Services
`The goods and/or services of the parties need not be identical or directly competitive to find a likelihood of confusion.  See Safety-Kleen Corp. v.
`Dresser Indus., Inc., 518 F.2d 1399, 1404, 186 USPQ 476, 480 (C.C.P.A. 1975); TMEP §1207.01(a)(i).  Rather, they need only be related in
`some manner, or the conditions surrounding their marketing are such that they would be encountered by the same purchasers under
`circumstances that would give rise to the mistaken belief that the goods and/or services come from a common source.  In re Total Quality Group,
`Inc., 51 USPQ2d 1474, 1476 (TTAB 1999); TMEP §1207.01(a)(i); see, e.g., On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086-87,
`56 USPQ2d 1471, 1475-76 (Fed. Cir. 2000); In re Martin’s Famous Pastry Shoppe, Inc. , 748 F.2d 1565, 1566-68, 223 USPQ 1289, 1290 (Fed.
`Cir. 1984).
`
`Here, the applicant is providing “Three dimensional (3D) viewing devices consisting of three-dimensional (3D) eyewear; photographic
`instruments and apparatus, namely, camcorders and digital still cameras; television receivers in the nature of TV sets; liquid crystal display
`
` 
` 
` 
` 
` 
` 
` 
` 
` 
`

`

`(LCD) television receivers in the nature of TV sets; plasma display panel (PDP) television receivers in the nature of TV sets; organic
`electroluminescence (EL) display television receivers in the nature of TV sets; projection television receivers in the nature of TV sets; digital
`versatile disc players; digital versatile disc recorders; hard disc video players; hard disc video recorders; optical disc video players; optical disc
`video recorders; video projectors; mobile phones; personal computers; liquid-crystal displays for computers; electronic machines, apparatus and
`their parts, namely, projectors, computer displays and external three-dimensional (3D) infrared (IR) emitters used with projectors to extend the
`visual and audio distance for 3D images; spectacles in the nature of eyeglasses and goggles; apparatus for consumer games adapted for use with
`an external display screen or monitor; pre-recorded magnetic tapes, chip cards in the nature of integrated circuit cards, magnetic discs, optical
`discs, magneto-optical discs and other video discs and video tapes, all featuring video game programs for use with apparatus for consumer games
`adapted for use with an external display screen or monitor. sound recorded magnetic tapes, recorded chip cards in the nature of integrated circuit
`cards featuring sound and video recordings, recorded magnetic discs featuring sound and video recordings, recorded optical discs featuring sound
`and video recordings, recorded magneto-optical discs and other recorded video discs and recorded video tapes, all featuring sound and video
`recordings; exposed cinematographic films; exposed slide films; slide film mounts; Computerized online rental services featuring motion
`pictures; entertainment services, namely, providing an on-line non-downloadable computer game; movie theaters; entertainment services,
`namely, motion simulator rides” and the registrant is providing “Television receivers; 3D glasses; home theater systems namely, DVD players
`and optical disk players.”
`
`In this case, the goods of both parties are related and identical in part, as both parties are providing television receivers, 3D eyewear, and video
`and disc players.  The goods of both parties are likely to be marketed in the same manner and travel in the same channels of trade, which may
`lead consumers to believe that the goods emanate from a common source.
`
`With respect to the applicant’s services, attached are copies of printouts from the USPTO X-Search database, which show third-party
`registrations of marks used in connection with the same or similar goods and/or services as those of applicant and registrant in this case.  These
`printouts have probative value to the extent that they serve to suggest that the goods and/or services listed therein, namely, the applicant’s rental
`and entertainment services and the registrants “Television receivers; 3D glasses; home theater systems namely, DVD players and optical disk
`players” are of a kind that may emanate from a single source.   In re Infinity Broad. Corp., 60 USPQ2d 1214, 1217-18 (TTAB 2001); In re
`Albert Trostel & Sons Co., 29 USPQ2d 1783, 1785-86 (TTAB 1993); In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988);
`TMEP §1207.01(d)(iii).
`
`In light of the above, because the marks are similar or identical in part and the goods/services of both parties are identical in part or closely
`related, registration must be refused under Section 2(d) of the Trademark Act.
`
`Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in
`support of registration.
`
`Applicant must respond to the requirement(s) set forth below.
`
`Identification of Goods and Services
`
`Portions of the wording remain unacceptable as indefinite and require clarification.  The applicant must clarify the wording “projectors” and
`“computer displays.” Additionally, the applicant must clarify the wording “recorded magnetic discs featuring sound and video recordings,
`recorded optical discs featuring sound and video recordings, recorded magneto-optical discs and other recorded video discs and recorded video
`tapes, all featuring sound and video recordings,” as the applicant must further specify the field or subject matter of the goods.
`
`The following wording is suggested, if accurate:
`
`“Three dimensional (3D) viewing devices consisting of three-dimensional (3D) eyewear; photographic instruments and apparatus, namely,
`camcorders and digital still cameras; television receivers in the nature of TV sets; liquid crystal display (LCD) television receivers in the nature
`of TV sets; plasma display panel (PDP) television receivers in the nature of TV sets; organic electroluminescence (EL) display television
`receivers in the nature of TV sets; projection television receivers in the nature of TV sets; digital versatile disc players; digital versatile disc
`recorders; hard disc video players; hard disc video recorders; optical disc video players; optical disc video recorders; video projectors; mobile
`phones; personal computers; liquid-crystal displays for computers; electronic machines, apparatus and their parts, namely, __[specify type, e.g.
`movie, liquid crystal display (LCD)] projectors, computer display screens and external three-dimensional (3D) infrared (IR) emitters used
`with projectors to extend the visual and audio distance for 3D images; spectacles in the nature of eyeglasses and goggles; apparatus for
`consumer games adapted for use with an external display screen or monitor; pre-recorded magnetic tapes, chip cards in the nature of integrated
`circuit cards, magnetic discs, optical discs, magneto-optical discs and other video discs and video tapes, all featuring video game programs for
`use with apparatus for consumer games adapted for use with an external display screen or monitor; sound recorded magnetic tapes, recorded chip
`cards in the nature of integrated circuit cards featuring sound and video recordings; recorded magnetic discs, recorded optical discs, recorded
`magneto-optical discs and other recorded video discs and recorded video tapes, all featuring musical sound recordings and video
`recordings in the field of  ___ [specify field or subject matter]; exposed cinematographic films; exposed slide films; slide film mounts,” in
`International Class 9;
`
` 
` 
` 
` 
` 
` 
` 
` 
` 
` 
`

`

`“Computerized online rental services featuring motion pictures; entertainment services, namely, providing an on-line non-downloadable
`computer game; movie theaters; entertainment services, namely, motion simulator rides,” in International Class 41.
`
`An applicant may amend an identification of goods and services only to clarify or limit the goods and services; adding to or broadening the
`scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.
`
`For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S.
`Acceptable Identification of Goods and Services Manual at http://tess2.uspto.gov/netahtml/tidm.html.   See TMEP §1402.04.
`
`The requirement to amend the identification of goods and services is repeated and continued.
`
`If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
`
`   
`
`/Amy Alfieri/
`Trademark Examining Attorney
`Law Office 109
`571.272.9422
`amy.alfieri@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 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 Trademark Applications and Registrations Retrieval (TARR) at
`http://tarr.uspto.gov/.   Please keep a copy of the complete TARR screen.   If TARR shows no change for more than six months, 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/teas/eTEASpageE.htm.
`
` 
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`     
`

`

`Pfint:Sep29,2012
`
`85364699
`
`DESIGN MARK
`
`serial Number
`85364699
`
`Status
`REGISTERED
`
`Word Mark
`FULL HD 3D
`
`Standard Character Mark
`No
`
`Registration Number
`4141564
`
`Date Registered
`2012x05x15
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[3] DESIGN PLUS WORDS, LETTERS ANDXOR NUMBERS
`
`Owner
`Samsung Electronics Co., Ltd. CORPORATION REPUBLIC OE KOREA 41S,
`Maetan-dong, Yeongtong-gu Suwon-si, Gyeonggi-do REPUBLIC OF KOREA
`
`GoodsfServioes
`Class Status —— ACTIVE.
`
`10 009.
`
`US
`
`021 023 026 036 038.
`
`G a 8:
`
`3D glasses; home theater systems namely, DVD
`Television receivers;
`players and optical disk players. First Use: 2010f03/14. First Use
`In Commerce: 2010f03fl4.
`
`Disclaimer Statement
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "FULL HD" AND "3D"
`APART FROM THE MARK As SHOWN.
`
`Description of Mark
`in white letters against an
`The mark consists of the words "FULL HD"
`orange oval shaped background with the number "3" and the letter "B"
`in shades of blue on adjacent sides of a white and gray shaded cube.
`
`Colors Claimed
`
`The coloris] orangelIr blueIr white and gray isfare claimed as a feature
`of the mark.
`
`.1.
`
`

`

`Print: Sep 29, 2012
`
`85364-699
`
`Filing Date
`2011H01H66
`
`Examining illitturneyr
`MCMORROW, RONALD
`
`Attflmey of Record
`Diane J. Mason
`
`

`

`
`
`

`

`Pfint:Sep29,2012
`
`77246124
`
`DESIGN MARK
`
`Serial Number
`TT246124
`
`Status
`REGISTERED
`
`Word Mark
`DISCCVERY DCME
`
`Standard Character Mark
`No
`
`Registration Number
`3408112
`
`Date Registered
`2008f04f08
`
`Type of Mark
`TRADEMARK; SERVICE MARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[3] DESIGN PLUS WORDS, LETTERS ANDXOR NUMBERS
`
`Owner
`MTPE, Inc. DBA E—Planetarium CORPORATION TEXAS 4214 Southwestern St.
`Houston TEXAS ??0053555
`
`GoodsfServiees
`G a S:
`100 101 10?.
`US
`10 041.
`Class Status —— ACTIVE.
`Planetariums; Movie theaters. First Use: 2001K04f01. First Use In
`Commerce: 2001204201.
`
`
`
`GOOdSJ'SEWiCSS
`Class Status —— ACTIVE.
`
`IC 009.
`
`US
`
`021 023 026 036 038.
`
`G & S:
`
`Planetarium projectors; Planetariums;0omputer software for organizing
`
`and Viewing digital images and photographs: Home theater products,
`namely, LCD;Pre—recorded CDs, Video tapesIr
`laser disks and DVDs
`featuring earth and space science topics for planetarium shows or TV;
`Videotapes and Video disks recorded with animation. First Use:
`2005/05/01. First Use In Commerce: 2005f05f0l.
`
`Disclaimer Statement
`No CLAIM IS MADE To THE EXCLUSIVE RIGHT To USE "DoME" APART ERoM THE
`MARK AS SHOWN.
`
`

`

`Pfint:SEp29,2012
`
`77246124
`
`Description of Mark
`The mark consists of Dark blue lettering of "discovery dome", and the
`letter "D" is shared between the two words. There is a blue are from
`
`the D representing a planetarium, and there is a red swish going from
`lower left of the wording to the upper right.
`
`Colors Claimed
`
`The oolorls] dark blue and red isfare claimed as a feature of the
`mark.
`
`Filing Date
`2001/08HO3
`
`Examining littnrnleyr
`VOHRA, SANJEEV
`
`

`

`

`

`Pfint:Sep29,2012
`
`77?25355
`
`DESIGN MARK
`
`serial Number
`TTT25355
`
`Status
`REGISTERED
`
`Word Mark
`SHELLDcN
`
`Standard Character Mark
`No
`
`Registration Number
`3901319
`
`Date Registered
`zollxolxDA
`
`Type of Mark
`TRADEMARK; SERvICE MARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[3] DESIGN PLUS woRDS, LETTERS ANDxcR NUMBERS
`
`Owner
`Shellhut Entertainment Co., Ltd. LIMITED LIABILITY COMPANY THAILAND
`New Petchburi Rd., Bangkapi Bilfi Sci. Sccnvijai 26-6 Huav Khwang
`Bangkok THAILAND 10310
`
`GoodsI'Services
`G a 5: Candles,
`001 006 015.
`US
`IC 004.
`Class Status -- ACTIVE.
`Christmas tree candles, Perfumed candles, Tapers, Grease for leather
`and lamp Wicks. First Use: 2008f10f01. First Use In Commerce:
`2009H10H11.
`
`GoodsI'Services
`Class Status -- ACTIVE.
`
`IC 009.
`
`US
`
`021 023 026 036 038.
`
`G a S:
`
`Pre—recorded recording discs, pre—recorded compact discs, CD—ROM,
`DVDs, video disks and video tapes with recorded animated cartoons,
`telephone receiver, digital wireless telephone, headphone for
`telephone, Internet cards, namely, LAN [local area networki computer
`cards for connecting portable computer or desktop computer devices to
`computer networks,
`telephone case,
`telecommunication transceiver,
`apparatus for transmission and reproduction of sound or image,
`pre—recorded recording discs, pre—recorded compact discs, CD—ROM all
`featuring music, games, educational music, entertainment videos,
`
`.1.
`
`

`

`Pfint:SEp29,2012
`
`77?25355
`
`computer utility programs, social networking information, lifestyle
`information, reference information,
`travel information, sports
`
`information, health information, news, photography, business
`information, and weather, mouse pads, phone straps, magnetic encoded
`card, cameras, computer game programs, compact disc players, computer
`
`keyboards, downloadable computer software and downloadable computer
`programs for organizing and viewing digital images and photographs and
`for playing audio and video in the field of music, games, education,
`entertainment, utilities, social networking, lifestyle, reference,
`travel, sports, health, news, photography, business, and weather,
`contact lenses, DVD players, eyeglasses, modems, radios, video games
`cartridges, video recorders, Walkie-talkies, and computers. First
`Use: 2008/10/01. First Use In Commerce: 2009f10/1T.
`
`Goodere-rvices
`Class Status —— ACTIVE.
`
`IC 016.
`
`US
`
`002 005 022 023 029 03? 038 050.
`
`
`
`G & S: Paper, cardboard, bookbinding materials, photographs,
`stationery, adhesives for stationery or household purposes, artists‘
`materials, namely, artist's pens, artist's brushes, artist's pastels,
`paint brushes,
`typewriters and office requisites except furniture,
`namely, adhesive tapes dispensers, correcting fluid, paper hole
`punches,
`rubber bands, staplers,
`instructional and teaching material
`except apparatus, namely,
`instruction manuals in the field of
`
`
`education, plastic bags for packaging, plastic bubble packs for
`wrapping or packaging, printing blocks, books, booklets, catalogues,
`
`magazines, and newsletters all in the field of comics and animated
`cartoons, carbon paper, albums for stickers, coin albums, photograph
`albums, bookmarkers, boxes for pens, calendars, greeting cards, note
`cards, business cards,
`invitation cards, charcoal pencils, pencils,
`drawing boards, drawing instruments, drawing pads, envelopes, erasers,
`fountain pens, glue for stationery or household purposes,
`handkerchiefs of paper, correcting ink, maps, writing pads, paper
`ribbons, paper-clips, passport holders, pastels, pictures, postcards,
`posters, scrapbooks, drawing rulers, stamp pads, stickers, price
`tickets, entry tickets, printed tickets, toilet paper, writing chalks
`and notebooks. First Use: ZOOBHlOKOl. First Use In Commerce:
`2009/10fll.
`
`GoodsISe-rvices
`Class Status -- ACTIVE.
`
`10 010.
`
`us
`
`001 002 003 022 041.
`
`s a 5:
`
`leather shopping bags, backpacks, bags for campers
`bags for travel,
`made of leather and bag for climbers made of leather, beach bags,
`briefcases, sport bags, garment bags for travel, handbags, net bags,
`namely, mesh shopping bags, purses, school bags, school satchels,
`suitcases,
`traveling trunks,
`leather bags,
`luggage, satchels, wallets,
`
`traveling bags, unfitted vanity cases,
`fanny bags, key cases, attache
`cases, genuine leather,
`imitation leather,
`leather shoulder belts.
`First Use: 2009f10f01. First Use In Commerce: 2009H10H11.
`
`GoodsfServices
`Class Status -- ACTIvE.
`
`IC 021.
`
`us
`
`002 013 023 029 030 033 040 050.
`
`Q.
`
`

`

`Pfint:Sep29,2012
`
`77?25355
`
`
`
`
`
`G & S: Glass bowls; glass jars; glass caps, namely, glass stoppers;
`glass flasks containers; painted beverage glassware; drinking flasks
`for travelers; drinking glasses; drinking troughs; drinking vessels;
`dishes;
`trays for household use for domestic purposes; containers for
`household or kitchen use;
`food containers for household use; fruit
`
`cups; baskets for household use made of cloth for domestic purposes;
`beer mugs; beverage bottles sold empty; household containers for food,
`namely, boxes for sweetmeats: boxes of glass; buckets: cauldrons;
`ceramic figurines for household purposes; non-electric coffee pots;
`cookie jars; cooking pots; cups; cups of plastic or paper;
`jugs;
`goblets;
`lunch boxes; porcelain mugs; salad bowls; frying pans;
`plates:
`teapots; vases. First Use: 2008f10f01. First Use In
`Commerce: 2009f10/lT.
`
`table
`
`Goodere-rvices
`G & S: Bedcovers, bed
`042 050.
`US
`IC 024.
`Class Status —— ACTIVE.
`blankets, duvets, comforters,
`throws and quilts, bed linen, bed
`sheets, pillow cases, bed covers, comforters covers, bed blanket
`covers, bed spreads, bed skirts, dust ruffles and bed canopies, bath
`linens,
`face towels, hand towels, body towels,
`face cloths, bath
`sheets,
`table linen,
`table mats not of paper,
`table napkins of
`textile, place mats made of textiles, and table linens, namely,
`coasters made of textiles, curtains, draperies, furniture covers,
`
`
`namely, unfitted fabric, wall hangings made of textiles. First Use:
`2008H10/01. First Use In Commerce: ZOOQHlOHlT.
`
`
`
`GoodsIServices
`G & S: Suits, shirts,
`022 039.
`US
`IC 025.
`Class Status —— ACTIVE.
`T—shirts, spaghetti blouses, vest, waistcoat, sleeveless shirt,
`overcoat,
`jacket, pullover, anorak, bathrobe, knitted shirt,
`tracksuit, gown suit, shorts,
`trouser, skirts, boiler suit, underwear,
`scarf, shawls, hats, stockings, socks, gloves, tie, belts, casual
`shoes, slipper, sport shoes, high heeled shoes, boots and sandal.
`First Use: 2008/10/01. First Use In Commerce: 2009/10flT.
`
`GoodsIServices
`Class Status —— ACTIVE.
`
`IC 028.
`
`US
`
`022 023 038 050.
`
`G a S:
`
`Amusement machines, automatic and coin—operated, backgammon games,
`balls for games, bats for games, bells for Christmas trees, billiard
`tables, billiard cues, board games, bingo cards,
`toy building blocks,
`bows for archery, boxing gloves, bowling apparatus,
`toy butterfly
`nets, candle holders for Christmas trees, caps for toy pistols,
`checkerboard, chess games, clay pigeon traps, confetti, conjuring
`apparatus, namely, magic tricks, cups for dice, darts, dice, dolls,
`dolls' beds, dolls‘ clothes, dolls' houses, dominoes, draught boards,
`dumb-bells, arcade games, electronic games other than those adapted
`for use with television receivers only, gloves for games, namely,
`
`
`gloves for football, baseball, golf, soccer and tennis, scuba
`ice
`equipment, namely, spear fishing harpoon guns, paintball guns,
`skates,
`jigsaw puzzles, kites, marbles for games,
`toy masks, nets for
`sports,
`toy mobiles, scale model vehicles,
`toy pistols, play balloons,
`
`.3.
`
`

`

`Pfint:Sep29,2012
`
`77?25355
`
`playing cards, punching bags, puppets, rackets, roulette wheels,
`skateboards, skis, bubble making wand and solution sets, swings, play
`
`swimming pools,
`teddy bears,
`tennis ball throwing apparatus, spinning
`tops, musical toys, bendable toys, punching toys and bath toys. First
`Use: 2008f10f01. First Use In Commerce: 2009K10F1T.
`
`
`G & S: Milk, potato chips,
`046.
`US
`C 029.
`Class Status -- ACT VS.
`marmalade, milk beverages with high milk content, milk products
`excluding ice cream,
`ice milk and frozen yogurt, potato crisps, potato
`flakes, potato fritters, and yogurt. First Use: 2008H10f01. First
`Use In Commerce: 2009K10f11.
`
`
`
`Goodsfiervices
`tea, cocoa,
`G a S: Coffee,
`046.
`US
`IC 030.
`Class Status -- ACTIVE.
`artificial coffee; flour and preparations made from cereals, namely,
`cereal based snack food, and ready to eat, cereal derived food bars,
`bread, pastry and confectionery, namely, pastilles, fondants,
`ices;
`honey; yeast, sauces;
`ice—cream, biscuits, cakes, candy for food,
`chewing gum, chocolate, chocolate based beverage, cocoa based
`beverages, coffee-based beverages,
`tea-based beverages, cookies,
`condiments, namely, mayonnaise, ketchup and mustard, corn flakes, corn
`flour, popcorn, crackers, custard, fruit jellies,
`iced tea, noodles,
`spaghetti,
`ice milk and frozen yogurt, frozen yogurt confections.
`First Use: 2008/10ffll. First Use In Commerce: 2009H10H17.
`
`GoodflSe-rvices
`G & S: Beer,
`045 046 048.
`US
`IC 032.
`Class Status —— ACTIVE.
`drinking water, soda water, aerated water, mineral water, fruit
`juices, ginger beer, malt beer, non-alcoholic beverages, namely,
`carbonated beverages and soft drink. First Use: 2008H10f01. First
`Use In Commerce: 2009f10f1T.
`
`GoodsfServices
`Class Status —— ACTIVE.
`
`IC 038.
`
`US
`
`100 101 104.
`
`G & S: cable
`
`television broadcasting, cellular telephone communication,
`teleconferencing services, hi—speed Internet or broadband Internet
`broadcasting;
`telecommunication radio and television broadcasting
`through both wire and wireless systems; and satellite radio and
`television broadcasting. First Use: ZOOSIIOJOI. First Use In
`Commerce: 2009f10f11.
`
`GoodsIServices
`Class Status —— ACTIVE.
`
`2C 041.
`
`US
`
`100 101 10?.
`
`G & S: Radio and
`
`
`
`television drama production, animated
`Television Programs Production,
`cartoon production, television shows production, videotape film
`production,
`television entertainment, namely, television programs in
`the nature of animated cartoons, digital imaging services,
`Entertainment services, namely,
`live,
`televised and movie appearances
`by a professional entertainer, entertainment
`information, modeling for
`artists, rental of motion pictures, movie studios, providing movie
`
`
`
`.4.
`
`
`
`
`
`GoodsfServices
`
`

`

`Pfint:SEp29,2012
`
`77?25355
`
`theatre facilities, music composition services for others, news
`reporter services, providing karaoke services, namely, allowing
`
`participants to perform with a karaoke player or live band and
`entertainment
`in the nature of singing contests, recording studios
`services, rental of videotapes, videotape editing, organization of
`
`music and sports competitions in the field of education or
`entertainment, game services provided on—line from a computer network,
`entertainment services, namely, providing temporary use of
`non-downloadable electronic games, amusement parks, providing online
`electronic publications, namely, publishing of electronic
`publications, party planning, and providing amusement arcade services.
`First Use: 2008f10f01. First Use In Commerce: 2009H10H11.
`
`Goodsfiervices
`Class Status -- ACTIVE.
`
`IC 02?.
`
`US
`
`019 020 03? 042 GEO.
`
`G e 8:
`
`bath mats made of textiles. First Use: ZOOBHIOKOI. First Use In
`Commerce: ZOOBKlOflT.
`
`Description of Mark
`The mark consists of the stylized lettering "SHELLDON" surrounded by
`various sized circles in the background, and a spiked coil design in
`the place of the letter "0".
`
`Colors Claimed
`Color is not claimed as a feature of the mark.
`
`Filing Date
`2009/04j29
`
`Examining Attorney
`HUS SHIN, TASNEEM
`
`Attorney of Record
`Jeannine A Rittenhouse
`
`

`

`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation (docketingtm@hdp.com)
`
`U.S. TRADEMARK APPLICATION NO. 85519646 - FULL HD 3D - 9694-200067/
`
`9/29/2012 6:40:31 PM
`
`ECOM109@USPTO.GOV
`
`IMPORTANT NOTICE REGARDING YOUR
`
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION HAS ISSUED ON 9/29/2012 FOR
`SERIAL NO. 85519646
`
`Please follow the instructions below to continue the prosecution of your application:
`
`TO READ OFFICE ACTION: Click on this link or go to http://portal.uspto.gov/external/portal/tow and enter the application serial
`number to access the Office action.
`
`PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this e-mail notification.
`
`RESPONSE IS REQUIRED: You should carefully review the Office action to determine (1) how to respond; and (2) the applicable
`response time period. Your response deadline will be calculated from 9/29/2012 (or sooner if specified in the office action).
`
`Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed
`responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System Response
`Form.
`
`HELP: For technical assistance in accessing the Office action, please e-mail
`
`TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action.          WARNING
`
`Failure to file the required response by the applicable deadline will result in the ABANDONMENT of your
`application.
`
` 
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