interesting Power Pro sighting [Archive]

iclark

06-18-2010, 12:22 AM

I was googling for recent powerpro updates and I came across an interesting site. Disclaimer: I do not know if this is accurate or not.

http://www.trademarkia.com/shopsmith-power-pro-77950219.html
Status Update! On Tuesday, June 8, 2010, status on the SHOPSMITH POWER PRO trademark changed to NON-FINAL ACTION - MAILED.

Trademark Summary On Thursday, March 04, 2010, a U.S. federal trademark registration was filed for SHOPSMITH POWER PRO. This trademark is owned by RLFSHOP, LLC, 6530 Poe Ave., Dayton, OH 45414. Trademarkia.com is a free search engine of publicly available government records. Trademarkia.com is not a law firm and does not represent owners & correspondents listed on this page.

The correspondent listed for SHOPSMITH POWER PRO is RLFSHOP, LLC of RLFSHOP, LLC, 6530 POE AVE., DAYTON, OH 45414 . The SHOPSMITH POWER PRO trademark is filed in the category of Machinery Products . The description provided to the USPTO for SHOPSMITH POWER PRO is Electric motors for power tools.

The USPTO has given the SHOPSMITH POWER PRO trademark serial number of 77950219. The current federal status of this trademark filing is NON-FINAL ACTION - MAILED.

Trademarkia is the largest search engine for U.S. trademarks. Each month hundreds of trademarks around the world are filed by licensed attorneys in the Trademarkia network! You can register your trademark in 55 countries in the world through Trademarkia.
Word Mark: SHOPSMITH POWER PRO
Status/
Status Date: NON-FINAL ACTION - MAILED
6/8/2010
Estimated Response Deadline: 12/8/2010
Respond to Office Action from $139 >>
Serial Number: 77950219
Filing Date: 3/4/2010
Foreign Filing Deadline: Saturday, September 4, 2010

riot_nrrd

06-19-2010, 07:33 PM

I was googling for recent powerpro updates and I came across an interesting site. Disclaimer: I do not know if this is accurate or not.

http://www.trademarkia.com/shopsmith-power-pro-77950219.html

"Non-Final Action: Mailed" sounded like an interesting statement, so I dug into the legal paperwork at the link. Apparently, this means the patent and trademark office has sent a preliminary answer to RLF Shop to tell them whether or not they can use "PowerPro." A bit more digging, and I found this:

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. 0530111, 1316617, 2998973, and 3286356. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the enclosed registrations.

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.

Applicant’s mark is SHOP SMITH POWER PRO with design for Electric motors for power tools. The registered marks are as follows:

Reg. No. 0530111 – SHOP SMITH (stylized) for combination lathe, drill press, and circular saw

Reg. No. 1316617 – SHOPSMITH (typed) for Multi-Purpose Power Tools Comprising Lathes, Drill Presses, Horizontal Boring Machines, Disc Sanders and Circular Saws, and Parts Therefor-Namely, Bandsaws, Jointers, Belt and Drum Sanders, Jigsaws, Planers; Mounting Bases and Tables, Table Extensions, Support Tables; Power Stands and Casters; Arbors and Chucks; Saw Blades; Jointer Blades; Router Bits, Drill Bits and Cases Therefor; Dovetail Cutters; Lathe Centers; Rip Fences; Shaper Fences, and Shaper Collars; Saw Guards; Comprising Blades and Spacers; Lathe Tool Rests; Fabric Covers Tailored for Said Multi-Purpose Power Tools

Reg. No. 2998973 – POWERPRO (typed) for Grinder and polisher machines used in the preparation of samples of metal, rock, plastics, ceramics and glass for microstructural evaluation

Reg. No. 3286356 – POWER PRO CRAFT (with design) for, in relevant part, Power tools, namely, drills, drill presses, table saws, chisels, air hammers, ratchets, spray guns

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.

BUT it looks like that's OK, becasue it also says:

OPTION TO OVERCOME THE REFUSAL AS TO THE SHOP SMITH MARKS

If the marks in the cited registrations have been assigned to applicant, applicant can provide evidence of ownership of the marks by satisfying one of the following:

(1) Record the assignment with the Office’s Assignment Services Branch (ownership transfer documents such as assignments can be filed online at http://etas.uspto.gov) and promptly notify the trademark examining attorney that the assignment has been duly recorded;

(2) Submit copies of documents evidencing the chain of title; or

(3) Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “Applicant is the owner of U.S. Registration Nos. 0530111, 1316617, AND 1354841.”

And if you look at all the attachments, each of those registration numbers is the original ShopSmith marks. So as long as RLFShop bought those trademarks when the original ShopSmith was liquidated, it looks like this is just a bit of paperwork that needs to get filed.

Whew!