Capstone Companies Inc (CAPC)

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1203.03(e) False Suggestion of a Connection

Section 2(a) prohibits the registration of a mark that consists of or comprises matter that may falsely suggest a connection with persons, institutions, beliefs or national symbols. See TMEP §1203.03(a) regarding persons, TMEP §1203.03(b) regarding national symbols, and TMEP §1203.03 for information about the legislative history of §2(a).

To establish that a proposed mark falsely suggest a connection with a person or an institution, it must be shown that: (1) the mark is the same as, or a close approximation of, the name or identity of a person or institution; (2) the mark would be recognized as such, in that it points uniquely and unmistakably to that person or institution; (3) the person or institution named by the mark is not connected with the activities performed by applicant under the mark; and (4) the fame or reputation of the person or institution is such that, when the mark is used with the applicant's goods or services, a connection with the person or institution would be presumed. In re White, 73 USPQ2d 1713 (TTAB 2004); In re Nuclear Research Corp., 16 USPQ2d 1316, 1317 (TTAB 1990); Buffett v. Chi-Chi's, Inc., 226 USPQ 428, 429 (TTAB 1985); In re Cotter & Co., 228 USPQ 202, 204 (TTAB 1985).

http://tess2.uspto.gov/tmdb/tmep/1200.htm#_T120303e

And here's what simplycomfortrv.com has to say about cheap Asian made goods:

Why you should buy a quality memory foam product from Simply Comfort?

Because not all memory foam is the same. Most consumers have heard of memory foam products, which is actually visco-elastic foam. In the past these memory foam products were only marketed by a few companies at very prohibitive costs for the majority of consumers. But as more and more consumers experienced the benefits from sleeping on memory foam products, and the interest and demand increased, manufacturers tried to duplicate the quality memory foam. Today there are many variations of memory foam being manufactured around the world. Most recently there has been a large amount of “low quality” memory foam being imported from Asia .

Many chain and super discount stores are carrying and promoting these memory foam products at what appears to be a good price. These low cost imitations of memory foam from China differ significantly in quality and durability from high-quality memory foam from Europe and America .

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Can you see where simplycomfortrv.com might oppose this trademark application?

Regards