To:
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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`Panasonic Corporation of North America (pctrademarks@perkinscoie.com)
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`U.S. TRADEMARK APPLICATION NO. 88288526 - CIRRUS BY PANASONIC - 118383-4161
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`4/19/2019 4:58:04 PM
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`ECOM128@USPTO.GOV
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION
`SERIAL NO.   88288526
`
`           
`
`MARK: CIRRUS BY
`PANASONIC
`
`*88288526*
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`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`CORRESPONDENT
`ADDRESS:
`  
`       THOMAS L. HOLT
`  
`       PERKINS COIE LLP
`         1201 THIRD AVENUE,
`SUITE 4900
`           SEATTLE, WA 98101
`    
`   
`APPLICANT: Panasonic
`Corporation of North America
`
`    
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`NO:       
`
`  118383-4161
`CORRESPONDENT E-
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`   
`
`MAIL ADDRESS:       
`
`pctrademarks@perkinscoie.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.   A RESPONSE
`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
`
`ISSUE/MAILING DATE: 4/19/2019
`
`The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to
`the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
`
`SUMMARY OF ISSUES:
`Section 2(d) Refusal – Likelihood of Confusion
`Advisory – Claim of Ownership of Registrations
`Prior-Filed Applications
`Advisory – Claim of Ownership of Prior-Filed Applications
`Identification of Goods and Services
`Multiple-Class Application Requirements
`
`SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
`Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 5382818, 5319306,
`4893862, 3425266, 3154660, 3108573, 2219862, 3397303, and 4824880.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP
`
`§§1207.01 et seq.  See the attached registrations.  
`
`In the current case, the applicant seeks registration of the mark CIRRUS BY PANASONIC in standard characters for use in connection with:
`
`1)       A variety of software, computer hardware, and devices for tracking, weighing, measuring, and other functions regarding vehicle traffic in
`Class 9
`
`2)     A variety of installation, maintenance, and repair services for transportation systems in Class 37
`
`3)     A variety of data, analysis, and information services regarding traffic in Class 39
`
`4)     And a variety of software services, design and development, and data and information services regarding transportation systems, traffic,
`and commuters in Class 42
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`The mark in Registration No. 5382818 is PANASONIC AUTOMOTIVE in standard characters with “AUTOMOTIVE” disclaimed for use in
`connection with a wide variety of technological devices, cables, instruments, and software in Class 9.
`
`The mark in Registration No. 5319306 is PANASONIC BUSINESS in standard characters with “BUSINESS” disclaimed for use in connection
`with a wide variety of technological devices, cables, instruments, and software in Class 9, a variety of construction, installation, repair, and
`maintenance services regarding appliances and devices in Class 37, and a variety of computer services and software services in Class 42.
`
`The mark in Registration No. 4893862 is PANASONIC in standard characters for use in connection with a wide variety of technological devices,
`cables, instruments, and software in Class 9, a variety of construction, installation, repair, and maintenance services regarding appliances and
`devices in Class 37, and a variety of computer services and software services in Class 42.
`
`The mark in Registration No. 3425266 is PANASONIC in standard characters for use in connection with a wide variety of technological devices,
`cables, instruments, and software in Class 9.
`
`The mark in Registration No. 3154660 is PANASONIC in standard characters for use in connection with “machinery maintenance and repair” in
`International Class 37.
`
`The mark in Registration No. 3108573 is PANASONIC in standard characters for use in connection with a wide variety of technological devices,
`cables, instruments, and software in Class 9, and a variety of construction, installation, repair, and maintenance services regarding appliances and
`devices in Class 37.
`
`The mark in Registration No. 2219862 is PANASONIC in standard characters for use in connection with a wide variety of technological devices,
`cables, instruments, and software in Class 9.
`
`The mark in Registration No. 3397303 is PANASONIC in standard characters for use in connection with a variety of repair, installation, and
`maintenance services regarding appliances and devices in Class 37.
`
`The mark in Registration No. 4824880 is CIRRUS LENDING SERVICES in standard characters, which is registered for use with “Advisory
`services in the field of product development and quality improvement of software; Application service provider (ASP) featuring software for use
`in lending, loan servicing, loan brokering, loan syndication, borrower information; Application service provider, namely, hosting, managing,
`developing, analyzing, and maintaining applications, software, and web sites, of others in the fields of healthcare, benefits programs, employee
`productivity, risk management; Application service provider, namely, hosting, managing, developing, and maintaining applications, software,
`and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for
`wireless delivery of content to handheld computers, laptops and mobile electronic devices; Application service provider, namely, hosting,
`managing, developing, analyzing, and maintaining applications, software and web sites of others in the fields of lending, loan servicing, loan
`brokering, loan syndication, borrower information; Cloud computing featuring software for use in lending, loan servicing, loan brokering, loan
`syndication, borrower information; Computer monitoring service which tracks application software performance, performs periodic maintenance
`and provides reports and alerts concerning such performance; Computer network design and computer software design for the lending industry;
`Computer programming and software design; Computer programming services for others in the field of software configuration management;
`Computer services, namely, acting as an application service provider in the field of information management to host computer application
`software for the purpose of lending, loan servicing, loan brokering, loan syndication, borrower information. Computer services, namely, acting as
`an application service provider in the field of knowledge management to host computer application software for the purpose of lending, loan
`servicing, loan brokering, loan syndication, borrower information; Computer services, namely, integration of computer software into multiple
`systems and networks; Computer software consulting; Computer software design; Computer software design and updating; Computer software
`design for others; Computer software development; Computer software development in the field of mobile applications; Computer software
`development, computer programming and maintenance of computer software for the lending industry; Consultancy in the field of software
`design; Consulting services in the field of providing online, non-downloadable software and applications; Consulting services in the field of
`software as a service (SAAS); Creating, maintaining, and modernizing computer software; Data automation and collection service using
`proprietary software to evaluate, analyze and collect service data; Design and development of computer software for the lending industry;
`Platform as a service (PAAS) featuring computer software platforms for the lending industry; Providing a website featuring non-downloadable
`software for lending, loan servicing, loan brokering, loan syndication, borrower information; Software as a service (SAAS) services featuring
`software for lending, loan servicing, loan brokering, loan syndication, borrower information; Software as a service (SAAS) services, namely,
`hosting software for use by others for use in lending, loan servicing, loan brokering, loan syndication, borrower information” in International
`Class 42.
`
`Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be
`confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties.  See 15 U.S.C. §1052(d).  Likelihood of
`confusion is determined on a case-by-case basis by applying 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) (called the “ du Pont factors”).   In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747
`(Fed. Cir. 2017).  Only those factors that are “relevant and of record” need be considered.   M2 Software, Inc. v. M2 Commc’ns, Inc. , 450
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`F.3d 1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d
`
`1350, 1353 (Fed. Cir. 2004)); see In re Inn at St. John’s, LLC , 126 USPQ2d 1742, 1744 (TTAB 2018).  
`
`Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the
`similarities between the compared marks and (2) the relatedness of the compared goods and/or services.  See In re i.am.symbolic, llc, 866 F.3d at
`1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc. , 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002));
`Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated
`by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the
`marks.”); TMEP §1207.01.
`
`Comparison of the 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 Inn at St. John’s, LLC , 126 USPQ2d
`1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).
`
`Again, the applied-for mark is CIRRUS BY PANASONIC, whereas the mark in Registration No. 5382818 is PANASONIC AUTOMOTIVE, the
`mark in Registration No. 5319306 is PANASONIC BUSINESS, and the marks in Registration Nos. 4893862, 3425266, 3154660, 3108573,
`2219862, and 3397303 are all PANASONIC.
`
`When comparing marks, “[t]he proper test is not a side-by-side comparison of the marks, but instead whether the marks are sufficiently similar in
`terms of their commercial impression such that [consumers] who encounter the marks would be likely to assume a connection between the
`parties.”   Cai v. Diamond Hong, Inc., __ F.3d __, 127 USPQ2d 1797, 1801 (Fed. Cir. 2018) (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 Inn at St. John’s, LLC , 126 USPQ2d 1742, 1746
`(TTAB 2018) (citing In re St. Helena Hosp., 774 F.3d 747, 750-51, 113 USPQ2d 1082, 1085 (Fed. Cir. 2014); Geigy Chem. Corp. v. Atlas Chem.
`Indus., Inc., 438 F.2d 1005, 1007, 169 USPQ 39, 40 (CCPA 1971)); TMEP §1207.01(b).
`
`As noted, the marks PANASONIC AUTOMOTIVE and PANASONIC BUSINESS contain additional terms that the registrant disclaimed,
`respectively, “AUTOMOTIVE” and “BUSINESS”. As well, the mark in Registration No. 4824880 is CIRRUS LENDING SERVICES in
`standard characters with the terms “LENDING SERVICES” disclaimed.      Although marks are compared in their entireties, one feature of a
`mark may be more significant or dominant in creating a commercial impression.  See In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905,
`1908 (Fed. Cir. 2012); In re Nat’l Data Corp. , 753 F.2d 1056, 1058, 224 USPQ 749, 751 (Fed. Cir. 1985); TMEP §1207.01(b)(viii), (c)(ii). 
`Disclaimed matter that is descriptive of or generic for a party’s goods and services is typically less significant or less dominant when comparing
`marks.  In re Detroit Athletic Co., 903 F.3d 1297, 1305, 128 USPQ2d 1047, 1050 (Fed. Cir. 2018) (citing In re Dixie Rests., Inc., 105 F.3d 1405,
`1407, 41 USPQ2d 1531, 1533-34 (Fed. Cir. 1997)); TMEP §1207.01(b)(viii), (c)(ii).  Thus, these disclaimed terms do not detract from the
`dominance of the remaining terms in these marks, be it “CIRRUS” or “PANASONIC”.
`
`All the marks share common terminology; in other words the applicant shares either the term “CIRRUS” or the term “PANASONIC” with the
`registrations.  Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the
`compared marks and create a similar overall commercial impression.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce , 228
`USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n , 811 F.2d 1490,
`1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works,
`229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558,
`560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii).  Here, all the marks share the
`same terms, “CIRRUS” or “PANASONIC”, which renders these marks confusingly similar.
`
`Therefore, when viewed as a whole, the applicant’s mark is substantially similar in appearance, sound, connotation, and commercial impression
`to the registered marks.
`
`Comparison of the Goods and Services.
`The compared goods and/or services 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); TMEP §1207.01(a)(i).  They 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).
`
`Further, consumers are likely to be confused by the use of similar marks on or in connection with goods and with services featuring or related to
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`those goods.  TMEP §1207.01(a)(ii); see In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1051 (Fed. Cir. 2018) (finding
`retail shops featuring sports team related clothing and apparel related to various clothing items, including athletic uniforms); In re Hyper Shoppes
`(Ohio), Inc., 837 F.2d 463, 6 USPQ2d 1025 (Fed. Cir. 1988) (finding retail grocery and general merchandise store services related to furniture);
`In re United Serv. Distribs., Inc., 229 USPQ 237 (TTAB 1986) (finding distributorship services in the field of health and beauty aids related to
`skin cream); In re Phillips-Van Heusen Corp., 228 USPQ 949 (TTAB 1986) (finding various items of men’s, boys’, girls’ and women’s
`clothing related to restaurant services and towels); Steelcase Inc. v. Steelcare Inc., 219 USPQ 433 (TTAB 1983) (finding refinishing of furniture,
`office furniture, and machinery related to office furniture and accessories); Mack Trucks, Inc. v. Huskie Freightways, Inc., 177 USPQ 32 (TTAB
`1972) (finding trucking services related to motor trucks and buses).
`
`The relevant portions of the registrations’ identifications are recounted here for clarification.
`
`Registration No. 5382818 identifies goods in Class 9, which include “surveillance cameras; closed circuit video equipment systems comprised of
`security camera and lens, analog or digital recorders, monitors, video servers, matrix switches and control systems, housing and mount brackets,
`fiber optics; … apparatus and instruments for remote monitoring, remote communication and/or remote controlling, namely, remote controls for
`lighting fixtures, and remote controls for electric and electronic video surveillance installations … wireless security cameras; wireless video
`camera monitors; … outdoor wireless video camera monitoring apparatus with motion sensors and lights; … real time graphic processors; …
`electric traffic information display terminals; …hand held computers for use in travel navigation; … computers; computer peripheral devices; tablet
`computers; mobile computers; … card readers; card readers/writers; bar code readers; bar code scanners; portable data processing computer
`terminals; … downloadable computer application software featuring electronic maps for navigation purposes; downloadable electronic data files
`for computer programs featuring information on maps, travels, personal interests and hobbies, restaurants, cafes and shoppings; computer
`software for use in the management of multipoint video surveillance systems; … intelligent security and surveillance systems, namely, computer
`hardware and software systems for image recognition for security and surveillance; … computer hardware and software for use in electronic toll
`collection systems; computer hardware and software for use in traffic control systems; … weighing machines/scales: … distant measuring
`apparatus, namely, distance and image sensors.”   In short, the identification recounts instruments, readers, computer hardware, software,
`surveillance systems used in monitoring, navigating, traffic control, and tolling of traffic and vehicles.  As well, this registration’s identification
`refers to “computer hardware and software for use in electronic toll collection systems,” whereas the applicant identifies equipment for toll
`collections.
`
`Registration No. 5319306 identifies goods in Class 9 that include “electric traffic information displays … downloadable electronic data files for
`computer programs featuring information on maps, travels, personal interests and hobbies, restaurants, cafes, and shopping; computer software
`for use in the management of multipoint video surveillance systems … intelligent security and surveillance systems, namely, computer hardware
`and software systems for image recognition for security and surveillance … computer hardware and software for use in long storage and backup
`of surveillance images … computer hardware and software for use in electronic toll collection systems; computer hardware and software for use in
`traffic control systems,” as well as services in Class 42 that include “Computer software design; computer programming; maintenance of
`computer software; computer system design services; configuration of computer systems.”   Again, these identifications recount hardware and
`software pertaining to the monitoring, navigating, traffic control, and tolling of traffic and vehicles, as well as services pertaining the creation of
`related software and configuration of hardware for these purposes.  Further, as above, this regsitration’s identification and that of the applicant
`refer to systems for toll collection.
`
`In Registration No. 4893862, the registrant identifies “electric traffic information apparatus, namely, electric display boards for displaying traffic
`information; … road and traffic information receivers; … electronic toll collection systems, namely, computer hardware and software for use in the
`electronic toll collection systems; traffic control systems, namely, computer hardware and software for use in the traffic control systems; …
`electronic toll collecting units for cars; … intelligent security and surveillance systems, namely, computer hardware and software systems for
`image recognition for security and surveillance; … systems for long storage and backup of surveillance images” in Class 9; services of  “traffic
`and point-of-interest information via the Internet, communication networks, cellular telephones and wireless navigation devices” in Class 39; and
`“Design and development of computer hardware and software; computer software design; computer programming; maintenance of computer
`software; computer system design; configuration of computer systems updating of computer software” in Class 42.   Thus, as above, the broad
`wording of the identified goods and services encompasses both hardware and software, as well as providing information regarding information
`obtained, related to traffic control, surveillance, and tolling.  The registrant also identifies the design of computer software and hardware, as well
`as system design and software maintenance, all of which are reflected as services by the applicant but in the presumably narrower context of
`traffic monitoring and control.  Finally, both the registrant and applicant expressly identify equipment for toll collection.
`
`Registration No. 3425266 identifies “surveillance cameras; closed-circuit video equipment systems comprising cameras, recorder and monitor;
`electric and electronic video surveillance cameras” in Class 9 without restricting the use of such goods.   As such, the broad wording in the
`identification may pertain to surveilling traffic and/or vehicles.
`
`In Registration No. 3154660, the identification includes “machinery maintenance and repair” in International Class 37.   In the current
`application’s identification of goods, the applicant refers to systems without strictly limiting that reference to exclude articles that may be
`referred to as “machinery.”   Further, “machinery” refers to “machines” in general, which in turn simply refers to “a constructed thing whether
`material or immaterial.” Attachments 1-2.   As a result, the applicant’s identification of software and hardware, including apparatus and
`instruments, all fall within the broad reference to machinery in this registration.
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`In Registration No. 3108573, the registrant identifies goods of “electric traffic information apparatus … electronic toll collecting units for cars …
`ultrasonic vehicle detectors, apparatus for intelligent transport systems, namely, traffic measurement sensors, surveillance cameras, traffic
`accident sensors, computers to control traffic priorities for public transport, emergency call units in vehicles with Internet link to authorities,
`infrared beacons for travel control, radio beacons for travel communication, sensors for toll gates, sensors for ticket dispensers, and sensors for
`cash toll payments” in Class 9, as well as “maintenance and repair of computer hardware” in Class 37.   Yet again, the broad wording of the
`identified goods and services encompasses both hardware and software, and the maintenance of the same, as related to traffic control,
`surveillance, and tolling.
`
`Registration No. 2219862 identifies “multichannel access radio systems comprising traffic data recorders, channel controllers, dividers,
`receivers, antenna combiners, transmitters, power supply equipment, emergency power supply equipment, traffic data processors and control
`consoles, traffic information electric boards … automatic controlling machines and instruments, namely, electric distribution boards, traffic signal
`controls, dimmers, daylight switches, time switches” in Class 9.   Thus, the registration identifies hardware related to traffic control, such as
`traffic data controllers, as does the application.  Further, the reference to traffic signal controls may apply equally to those used in cars as to those
`used in toll booths that monitor and direct traffic. E.g. Attachment 3.
`
`In Registration No. 3397303, the registrant identifies services of “installation, maintenance and repair of computer hardware … repair and
`maintenance of computers” in Class 37.   By direct comparison, the applicant includes in Class 37 “consulting services for the installation,
`maintenance, and repair of intelligent transportation systems; upgrading and converting existing toll booths, toll collection facilities, toll
`collection equipment,” in which the components of “systems” or “toll collection equipment” may refer to computer hardware.
`
`Finally, with respect to Registration No. 4824880, the identification refers to “Computer software consulting; Computer software design;
`Computer software design and updating … Consultancy in the field of software design; Consulting services in the field of providing online, non-
`downloadable software and applications; Consulting services in the field of software as a service (SAAS); Creating, maintaining, and
`modernizing computer software” in International Class 42.   Similarly, the applicant identifies the updating of software and provides software as a
`service relating to traffic monitoring and control.  However, the registrant does not restrict consultancy beyond relating to software generally. 
`Further, both applicant and registrant identify the updating of software.
`
`First, notwithstanding the limited direct comparisons already mentioned above, the Trademark Trial and Appeal Board has held that computer
`hardware products are related to computer software products, such that their marketing under the same or similar marks may be likely to cause
`source confusion.  See In re TIE/Commc’ns, Inc. , 5 USPQ2d 1457, 1458 (TTAB 1987) (holding DATA STAR likely to cause confusion when
`used in connection with both registrant’s “computer programs recorded on magnetic media” and applicant’s “voice/data communications
`terminals and parts thereof”); In re Epic Sys. Corp., 228 USPQ 213, 214-15 (TTAB 1985) (holding EPIC for computer software for use in health
`care facilities likely to be confused with EPIC DATA for “electronic data collection terminals and electronic data collection units”); In re
`Teradata Corp., 223 USPQ 361, 362 (TTAB 1984) (holding Y NET for computer hardware likely to be confused with XYNET for computer
`software); Alpha Indus., Inc. v. Alpha Microsystems, 220 USPQ 67, 69, 71-72 (TTAB 1983) (holding ALPHA MICRO for digital computer
`equipment and programs likely to be confused with ALPHA MICROWAVE for microwave components and subassemblies).
`
`Further, the Court of Appeals for the Federal Circuit and the Trademark Trial and Appeal Board also has held that various electronic goods are
`sufficiently related to computer or technology-related services such that a likelihood of confusion exists when the marks at issue are otherwise
`identical or highly similar.  See Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)
`(holding PACKARD TECHNOLOGIES, with “technologies” disclaimed, for “electronic transmission of data and documents via computer
`terminals” to be sufficiently related to HEWLETT PACKARD marks for facsimile machines, computers, and computer software such that
`confusion would be likely where the marks at issue convey a similar commercial impression); MSI Data Corp. v. Microprocessor Sys., Inc., 220
`USPQ 655, 659-60 (TTAB 1983) (holding MSI for “computer hardware manufacturing services to the order of or specification of others” likely
`to be confused with MSI for “electronic ordering systems for gathering and transmitting source data comprising a recorder-transmitter and data
`receiver”).
`
`The Board’s holdings, as described above, bear directly on the case at hand.   In short, the application identifies goods for measuring, monitoring,
`and controlling traffic, and the applicant identifies services related to the design, installation, upgrading, and maintenance of such hardware, as
`well as the analysis and dissemination of information/data gathered by such hardware.  Similarly, the noted registrations contain hardware,
`software, and related peripheries for these purposes while again offering services related to installation, upgrading, and maintenance/repair of
`such goods while providing information/data gathered by such hardware.  In general terms, the applicant identifies hardware and software used to
`control and monitor traffic, as do the registrants.  Because of the broad wording employed by the application and registrations, the similarity and
`potential for confusion regarding these goods and services is likely.
`
`Finally, the attached Internet evidence establishes that the relevant goods and services are sold or provided through the same trade channels and
`used by the same classes of consumers in the same fields of use.  Attachments 4-9.   Thus, applicant’s and registrants’ goods and services are
`considered related for likelihood of confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re
`Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).
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`   The overriding concern is not only to prevent buyer confusion as to the source of the goods and 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).
`Because applicant and registrants’ marks and goods and services are similar, 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.  Acco