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Re: mckinley1 post# 40056

Tuesday, 09/29/2015 6:23:06 PM

Tuesday, September 29, 2015 6:23:06 PM

Post# of 42621
Already refused, BTW trademark not patent:

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. 3003077, 4004225, 4104670, 4116951, 4134079 and 4797801. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the enclosed registrations.

SECTION 2(e)(1) REFUSAL – MERELY DESCRIPTIVE

Registration is refused because the applied-for mark merely describes feature or purpose of applicant’s goods and/or services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

SECTIONS 1 AND 45 REFUSAL – NOT IN LAWFUL USE IN COMMERCE

Registration is refused because applicant does not have a bona fide intention to lawfully use the applied-for mark in commerce. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; see John W. Carson Found. v. Toilets.com Inc., 94 USPQ2d 1942, 1948 (TTAB 2010); TMEP §907.



They can attempt to make a case to overturn the refusals but the chances of succeeding are slim. Even if it did happen, it no longer benefits ANAS in any way.