TRAWEXAMINATIONWORKSHEET
`.
`,
`XPUBLICATIuN/REGISTRATION STAGE
`I O CHANGE
`AMENDMENT STAGE
`cs 67» «A
`.
`.
`L0. 104
`Date 07/26/02
`Serial No. {i 3 - 782:3 7
`Name: Celia Abednego
`
`75
`1
`
`
`
`INSTRUCTIONS: Place a check mark in the appropriate column and/or box to indicate which data elements have been amended/coded.
`
`Lea] Instrument Examiner LIE)
`
`
`
`— Amended
`Data Element
`
`
`Class Data
`
`
`
`El First Use in Commerce Date
`
`Cl Certification
`
`
`
`'
`
`El
`
`Prime/International Class
`
`III Goods and Services
`
`First Use Date
`
`In Another Form
`
`iul
`
`El Word Mark
`El Pseudo Mark
`El Mark Drawing Code
`El Design Search Code
`El Scan Sub Drawing
`. ..
`
`Misc. Mark Data
`
`
`
`
`
`Section 2(1)
`
`Foreign Reg. Data
`
`Owner Data
`
`'
`
`d
`
`El Mark Description
`[I Lining/Stippling
`III Translation
`
`El Disclaimer
`El Name/Portrait/Consent
`
`0/'
`
`CI Section 2(i) Entire Mark
`[I Section 2(f) Limitation Statement
`
`El Amended Register
`
`El Section 2(f) in Part
`
`Cl Amended Register Date
`
`CI Foreign Country
`III Foreign Application Number
`.
`El Foreign Registration Number
`El Foreign Registration Expiration Date
`El Foreign Reg. Renewal Expiration Date
`
`El 44(d)
`El Foreign Application Filing Date
`El Foreign Registration Date
`El Foreign Renewal Reg. Number
`El Foreign Renewal Reg. Date
`
`Cl Owner Name
`U Addressl
`
`El DBA/AKA/TA
`Cl Address 2
`
`'El Entity Statement
`V
`- U Assignment(s)/Name Change
`Amd/Corrddesdr._
`Prior U.S. Reg. _ El Prior Registration
`El Domestic Representative
`Correspondence — E] Attorney
`'
`"\
`- El Attorney Docket Number 1/
`— U dodds‘dddeeddmdddddddde— -
`I certify that all corrections have been entered in acoor- t:
`a
`n g guide]
`e/s
`.
`.
`.
`
`El Composed of
`
`El City
`
`El Zip Code
`
`'3 Citizenship
`
`E! State
`
`Cl Entity
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`
`
`
`
`
`
`5/99
`
`

`

`R
`
`‘ UNITED STATES
`r PATENT AND
`* *1”; TRADEMARK OFFICE
`
`Commisstion otTrademarks
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`www.uspto.gov
`
`Thomas M. Singman
`One Kaiser Plaza, Suite 2360
`Oakland, CA 94612
`
`RE: Serial Number
`APPLICANT:
`MARK:
`
`'
`76/170,770
`Robert T. Carlson
`CARLSON
`
`'
`
`June 6, 2002
`
`Dear Thomas M. Singman:
`
`Applicant has requested that certain goods/services remain in the original (parent) application.
`Please note that office procedure is to place in the child application those goods/services in condition
`to move forward towards registration. The reason for this procedure is that more than one child
`application may be created from the parent file and the ITU/Divisional Unit prefers to photocopy
`from original papers.
`
`The divisional request filed on May 10, 2002 has been completed. ‘The goods in International Class 28
`have been placed in the newly created child application, serial number 75/982,574 The goods in
`International Class 12 will remain in the original (parent) application, serial number 76/ 170,770.
`
`If you have any other questions or concerns, please feel free to call the ITU/Divisional Unit at (703) 308-
`9550.
`'
`
`egg/Mia @61le
`Lynette Rollins
`Paralegal Specialist
`ITU/Divisional Unit
`
`(703) 308—9550 x200
`(703) 872-9103 (fax)
`lynette.rollins@uspto.gov
`
`

`

`I hereby certify that this paper (along with any paper referred to as being attached or enclosed) is being
`deposited with the United States Postal Service on the date shown below with sufficient postage as first class mail in an envelope
`addressed to the Assistant Commissioner for Trademarks, Box ITU Fee, Attn: ITU/Divisional Unit Commissioner of
`Trademarks, 2900 Crystal Drive, Arlington, CA 22202-3513.
`
` Date: May 7, 2002
`Thomas. M. Singman
`
`Lin
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Applicant
`
`:
`
`ROBERT T. CARLSON
`
`Serial No.
`
`: — 7 5 9 8 2 5 7 4
`
`Examiner: Barbara Gaynor
`
`Filed
`For
`
`,
`
`:
`:
`
`November 24, 2000
`: CARLSON
`
`Law Office 104
`
`..
`
`
`
`/
`
`Box ITU Fee
`
`Attn: [TU/Divisional Unit
`Commissioner of Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`i-Eli’Ei‘iCIE KBEQCH
`1 FC:37‘3
`
`$000013 ?fii7fl??0
`20%}. {30 fit?“
`
`Dear Sir:
`
`REDUEST 'FO DIVIDE APPLICATION
`PURSUANT TO 37 C.F.R. § 237
`
`Applicant hereby requests that this application be divided into two applications by
`
`retaining “body boards for use on rivers, in International Class. 28,” in the parent application, and
`
`by making “pumps for inflating rafts; stirrups for retaining oars in rafts; and cargo decks for use
`
`in rafts, International Class 12,” the subject of a new application.
`
`M;«;2.a_..n._.,.m/-HM..V,,
`
`«Arnwiygwwva-Jxmflia‘gu.
`
`

`

`The fee of $100.00 for a new application pursuant to 37 CPR. § 2.6(a)(19) is submitted
`
`herewith.
`
`Dated: May 7, 2002
`
`‘9'
`
`'3
`
`Respectfully submitted,
`Robert T. Carlson
`
`
`
`
`By
`Thomas M. Singman
`Attorney at Law
`One Kaiser Plaza, Suite 23 60
`Oakland, CA 94612
`(510) 836-2400
`(510) 836-2595 FAX
`
`

`

`4., €
`
`,/ g}! 11.!
`
`Incoming CorrespondenceRouting Sheet
`To: ITU
`
`VI,
`9.7
`‘4"
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`rb
`
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`"'
`
`Word Mark: CARLSON
`
`75982574
`
`_SerialNofl:
`
`
`
`
`Mail Date: 05102002
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Doc. Typ:e Requests to Divide
`
`
`
`
`
`Fee
`
`RAM Mail Date: 051002
`
`
`
`
`
`
`
`
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
` PAPER NO.
`SERIAL NO.
`7 5 9 8 2 5 7 4 APPLICANT
`
`— 321:. r" 3. 32135-1 ,
`F211;?
`—:
`t;
`
`
`
`
`
`
`ADDRESS:
`
`
`Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, VA 22202-3513
`www.uspto. gov
`
`Ifno fees are enclosed, the address should include the
`words "Box Responses ~ No Fee."
`
`MARK ’
`['1 53‘ R is. 53 31": hi
`
`
`
`
`
`MAILING DATE
`
`[5 1 g" a} :51:
`5:! -
`
`ACTION N0.
`5 5.:
`
`FORM PTO-1525 (590)
`
`(LS. DEPT: OFCOMM. PAT.& TM OFFICE
`
`
`
`
`
`
`
`
`
`Please provide in all correspondence:
`
`
`
`1. Filing Date, serial number, mark and
`Applicant's name.
`2. Mailing date ofthis Office action.
`3. Examining Attorney‘s name and
`Law Office number.
`. Your telephone number and ZIP code.
`
`
`
`
`
`
`A PROPER RESPONSE TO THIS OFFICE ACTION MUST BE RECEIVED WITHIN 6
`MONTHS FROM THE DATE OF THIS ACTION IN ORDER TO AVOID ABANDONMENT.
`For your convenience and to ensure proper handling ofyour response, a label has been enclosed.
`Please attach it to the upper right corner ofyour response. If the label is not enclosed, print or type
`the Trademark Law 0 ice Na, Serial No, and Mark in the upper right corner ofyour response.
`
`RE: Serial Number— 7 5 9 8 2 5 7 4
`
`This letter responds to the applicant's communication filed on October 1, 2001.
`
`claimed acquired
`(2)
`the refusal under Section 2(d);
`(1) argued against
`The applicant
`distinctiveness under Section 2(f); (3) amended the identification of goods in International Class
`12; (4) added International Class 28 to the application and provided an identification of goods
`therefor; and (5) submitted a substitute specimen for its Class 12 goods. Nos. (2) through (5)_are
`acceptable.
`
`Refusal Under Section 21d) - Likelihood of Confusion
`
`Registration was refiised under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), because
`the mark for which registration is sought so resembles the marks shown in US. Registration Nos.
`1,010,411 and 1,128,239 (both owned by the same registrant) as to be likely, when used on the
`identified goods, to cause confusion, or to cause mistake, or to deceive.
`
`The examining attorney has considered the applicant's arguments caretiilly but has found them
`unpersuasive. For the reasons below, the refusal under Section 2(d) is maintained and made
`FINAL.
`
`

`

`— 75982574 :
`
`_,_
`
`The applicant has applied to register CARLSON for “pumps for inflating rafts; stirrups for
`retaining oars in rafts; and cargo decks for use in rafts” and for “body boards for use on rivers.”1
`Registration No.
`1,010,411 is GLASTRON CARLSON.
`Registration No.
`1,128,239 is
`CARLSON. Both of the foregoing registrations are for “boats.”
`
`As explained in the prior Office action, the examining attorney must analyze each case in two steps
`to determine whether there is a likelihood of confusion. First, the examining attorney must look at
`the marks
`themselves
`for similarities
`in appearance,
`sound, connotation and commercial
`impression In re E. I DuPont de Nemours & Ca, 476 F 2d 1357,177 USPQ 563 (CCPA 1973).
`Second, the examining attorney must comp are the goods or services to determine if they are related
`or if the activities surrounding their marketing are such that confusion as to origin is likely In re
`August Storck KG, 218 USPQ 823 (TTAB 1983); In re International Telephone and Telegiaph
`Corp; 197 USPQ 910 (TTAB 1978); Guardian Products Co., v. Scott Paper Co., 200 USPQ 738
`(TTAB 1978).
`
`Similarity of the Marks
`
`The applicant’s mark and the mark shown in Registration No. 1,128,239 are identical. Both are
`typed drawings of the word CARLSON.
`If the marks of the respective parties are identical, the
`relationship between the goods or services of the respective parties need not be as close to support
`a finding of likelihood of confiision as might apply where differences exist between the marks.
`Amcor, Inc. v. Amcor Industries, Inc., 210 USPQ 70 (TTAB 1981).
`
`The applicant’s mark and the mark shown in Registration No. 1,010,411 both contain the word
`“CARLSON.” The applicant’s mark consists solely of the word CARLSON. The registrant’s
`mark consists of the word “CARLSON” preceded by the word “GLASTRON.” When the
`applicant's mark is compared to a registered mark, "the points of similarity are of greater
`importance than the points of difference.” Essa Standard Oil Co. v. Sun Oil Ca, 229 F.2d 37, 108
`USPQ 161 (DC. Cir), cert. denied, 351 US. 973, 109 USPQ 517 (1956).
`Purchasers or
`prospective purchasers are likely to believe that the GLASTRON CARLSON mark is the result of
`a business relationship between the GLASTRON company and the CARLSON company. That, in
`fact, appears to be the case. From the information submitted by the applicant with its October 1
`response and found at www.classicglastron.com:
`“The partnership of Art Carlson and Glastron
`began in early 1969 and the first models appeared for the 1969 model year.”
`
`Having satisfied the first element of the likelihood of confusion analysis,
`determine the relatedness of the applicant’s and the registrant’s goods.
`
`the next step is to
`
`Relatedness of the Goods
`
`The applicant’s goods at issue are “pumps for inflating rafts; stirrups for retaining oars in rafts; and
`cargo decks for~use in rafts.” The registrant’s goods are “boats.” The applicant states that his raft
`accessories “have been the industry standard for over twenty [y]ears and have been sold during that
`time without actual confusion.” The fact that the applicant is unaware of actual confiision does not
`establish that such confusion does not exist. An applicant’s assertion of lack of awareness of actual
`contusion has very limited weight in an ex parte case. This is because there is generally no
`
`I The Section 2(d) refusal pertains to the Class 12 goods only and does not bar registration in Class 28.
`
`

`

`“- 75982574
`
`*
`
`_3_
`
`evidence of record as to the nature and extent of the parties’ use of the respective marks, and, more
`importantly, there is no opportunity to hear from the registrant on this point. In re Bissett—Berman
`Corp, 177 USPQ 528 (CCPA 1973); In re National Novice Hockey League, Inc, 222 USPQ 638
`(TTAB 1984); In re Cruising World, Inc, 219 USPQ 757 (TTAB 1983); Consumers Building
`Marts, Inc. v. 1141'. Panel, Inc, 196 USPQ 510 (TTAB 1977); In re Seiber & McIntyre, Inc, 192
`USPQ 722 (TTAB 1976). Further, the test under Section 2(d) of the Trademark Act is whether
`there is a likelihood of confusion.
`It is unnecessary to show actual confusion in establishing
`likelihood of confusion. See Weiss Associates Inc. v. HRL Associates Inc, 902 F.2d 1546, 1549,
`14 USPQ2d 1840, 1842—43 (Fed. Cir. 1990), and cases cited therein.
`
`The applicant’s primary arguments are that his .“products are different from the products sold under
`the cited marks, are sold into different markets, are sold through different channels, and the
`consumers of applicant’s products and consumers of the products sold ,under the cited marks are
`highly sophisticated.” Each of the applicant’s arguments will be addressed in turn.
`
`The examining attorney does not dispute that the applicant’s goods and the registrant’s goods are
`different. The fact that the goods of the parties differ is not controlling in determining likelihood of
`confusion. The issue. is not likelihood of confusion between particular goods, but likelihood of
`confusion as to the source of those goods. See In re Rexel Inc., 223 USPQ 830, 831, (TTAB 1984),
`and cases cited therein; TMEP section 1207.01.
`
`The goods of the parties need not be identical or directly competitive to find a likelihood of
`confusion. They need only be related in some manner, or the conditions surrounding their
`marketing be such, that they could be encountered by the same purchasers under circumstances that
`could give rise to the mistaken belief that the goods come from a common source.
`In re Martin's
`Famous Pastry Shoppe, Inc, 748 F.2d 1565, 223 USPQ 1289 (Fed. Cir. 1984); In re Corning
`Glass Works, 229 USPQ 65 (TTAB 1985); In re Rexel Inc, 223 USPQ 830 (TTAB 1984);
`Guardian Products Co, Inc. v. Scott Paper Co, 200 USPQ 738 (TTAB 1978); In re International
`Telephone & Telegraph Corp, 197 USPQ 910 (TTAB 1978).
`
`The examining attorney must determine whether there is a likelihood of confusion on the basis of
`the goods identified in the application and registration. If the cited registration describes the goods
`broadly and there are no limitations as to their nature,
`type, channels of trade or classes of
`purchasers, it is presumed that the registration encompasses all goods of the type described, that
`they move in all normal channels of trade, and that they are available to all potential customers. In
`re Elbaum, 211 USPQ 639 (TTAB 1981). The registrant has broadly identified its goods as
`“boats.” A “BOAT” is “a. A relatively small, usually open craft of a size that might be carried
`aboard a ship. b. An inland vessel of any size. c. A ship or submarine.” See the attached excerpt
`from The American Heritage Dictionary of the English Language (3rd ed. 1992). Under the
`foregoing definition, a “raft” clearly is a type of “boat.” The applicant’s and the registrant’s goods
`are related because the registrant sells boats, and the applicant sells accessories for a specific type
`of boat.
`’
`'
`
`As shown by the attached registrations taken from the Trademark Office's computer database of
`registered marks, “boats,” “rafts,” and their accessories are related. Single registrants use the same
`mark on boats, on rafts, and on their accessories, so customers are used to seeing the same mark on
`those goods. The attached registrations also show that the same entities manufacture boats, rafts,
`and their accessories. See In re Albert Trostel & Sons C0,, 29 USPQ2d 1783 (TTAB 1993); In re
`
`

`

`i — 75982574
`
`-4-
`
`Mucky Duck Mustard Co. Inc, 6 USPQ2d 1467 (TTAB 1988). Customers or potential customers,
`upon seeing identical and similar marks used on related goods, are likely to believe that the goods
`emanate from the same source.
`
`The applicant cites to In re Trackmobile, Inc, 15 USPQ2d 1152 (TTAB 1990) for the proposition
`that “when the identification of goods in the cited registrations is too all—inclusive, or unduly broad
`and comprehensive, ‘it is improper to consider that description in a vacuum and attach all possible
`interpretations to it.” However, the Board’s statement in Irackmobi/e is qualified. The full quote
`from Trackmobile is as follows: “However, when the description of goodsfor a cited registration
`is somewhat unclear, as is the case herein, it is improper to simply consider that description in a
`vacuum and attach all possible interpretations to it when the applicant has presented extrinsic
`evidence showing that the description of goods has a specific meaning in the trade.” Id.
`[emphasis
`added].
`In Trackmobile,
`the terminology used by the applicant and the registrant
`in their
`identifications of goods were terms of art in the trade. The Board did not know and could not tell
`from the identifications exactly what the goods were. The applicant in that case simply supplied
`“extrinsic evidence that the term ‘light railway motor tractors’ has a meaning in the trade, and that
`this meaning does not include applicant’s goods.” Id.
`
`“Boats” is not an unclear identification. The rule which must be
`Such is not the case “here.
`followed in this case also was enunciated in Trackmobile:
`
`It is‘clear that in determining the issue of likelihood of confusion in ex parte cases,
`this Board must compare applicant’s goods as set forth in its application with the
`goods as set forth in the cited registration.
`It is improper to decide the issue of
`likelihood of confusion based upon a comparison of applicant’s actual goods with
`registrant’s actual goods.
`If registrant’s goods are broadly described in its
`registration so as to include types of goods which are similar to applicant’s goods,
`then an applicant in an ex parte case cannot properly argue that, in point of fact,
`registrant actually uses its mark on a far more limited range of goods which range
`does not include goods which are similar to applicant’s goods.
`
`Id.
`
`The applicant, while purporting to provide evidence that “boats” has a specific meaning in the
`trade,
`is really attempting to provide evidence of the registrant’s actual goods. Under the
`Trackmobile case, the applicant’s evidence is improper.
`
`The applicant also argues that his goods and the registrant’s goods “are sold in very different
`markets” and “are sold through distinct and separate channels.” However, neither the applicant’s
`identification nor the registrant’s identification supports the applicant’s contention Accordingly, it
`is presumed that both the application and the registration encompass all goods of the type
`described, that they move in all normal channels of trade, and that they are available to all potential
`customers.
`
`As for the applicant’s “sophisticated purchaser” argument, the fact that purchasers are sophisticated
`or knowledgeable in a particular field does not necessarily mean that they are sophisticated or
`knowledgeable in the field of trademarks or immune from source confusion. See In re Decombe, 9 .
`USPQ2d 1812 (TTAB 1988); In re PellerinMilnor Corp, 221 USPQ 558 (TTAB 1983).
`
`

`

`’— 75982574 7
`
`-5-
`
`The marks are identical or contain the same wording, in part. The goods are presumed to be highly
`related. The similarities among the marks and the goods are so great as to create a likelihood of
`confusion among consumers.
`The examining attorney must resolve any doubt regarding a
`likelihood of confiision in favor of the prior registrant In re Hyper Shoppes (Ohio), Inc, 837 F.2d
`463, 6 USPQ2d 1025 (Fed. Cir, 1988).
`
`For the foregoing reasons, the refusal under Section 2(d) of the Trademark Act is maintained and
`made FINAL
`
`Information on Dividing the Application
`
`The stated refusal refers to Class 12 only and does not bar registration in Class 28. TMEP section
`1113.05. Please note, however, that failure to respond to a refusal which pertains to fewer than all
`classes in an application will result in abandonment of the combined application in its entirety.
`
`. The applicant may respond to the stated refusal by doing one of the following:
`
`(1) amending the application to delete the class to which the refusal pertains;
`
`(2) traversing the refiisal of the combined application as a whole; or
`
`filing a request to divide the application, so that the mark may be published for
`(3)
`opposition in the classes to which the refusal does not pertain (37 C.F.R. Section 2.87;
`TMEP sections 1105.06 and 1113.03).
`
`Please note that the only appropriate responses to a final action are either (1) compliance with the
`outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal
`Board.
`37 CPR. Section 2.64(a).
`If the applicant fails to respond within six months of the
`mailing date of this refiisal, this Office will declare the application abandoned. 37 C.F.R. Section
`2.65(a).
`
`If the applicant has any questions concerning this Office action, please telephone the assigned
`examining attorney.
`'
`
`<"
`
`ara Gaynor \'
`
`\
`
`Examining Attorney
`Law Office 104
`
`(703) 308-9104 ext 123 '
`
`

`

`boat
`
`boat (bot) noun
`1. Nautical. a. A relatively small, usually open craft of a size that might be carried aboard a ship. b. An inland
`vessel of any size. c. A ship or submarine.
`2. A dish shaped like a boat: a sauce boat,
`
`g
`verb
`boat-ed, boat-ing, boats
`Nautical. verb, intransitive
`1.
`To travel by boat.
`2.
`To ride a boat for pleasure.
`
`verb, transitive
`1.
`To transport by boat.
`2.
`To place in a boat.
`— idiom.
`
`.
`in the same boat
`In the same situation as another or others.
`
`[Middle English bot, from Old English bait]
`
`The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by
`Houghton Mifflin Company. Electronic version licensed from lNSO Corporation; further
`reproduction and distribution restricted in accordance with the Copyright Law of the United
`States. All rights reserved.
`
`H
`
`

`

`“""
`
`UbCL. Ugdyllul.
`
`.LLCLJ. nuouCi.
`
`I‘d/Illuv
`
`1,1, v4. 4.4..gu.vv LLJ.
`
`Mark
`
`FIELD & STREAM
`
`[Missing Image]
`
`Goods and Services
`row boats, speed boats,
`G & S:
`IC 012.
`US 019 021 023 031 035 044.
`inflatable rafts or boats, boat trailers, fitted boat covers, and boat
`oars.
`FIRST USE: 19970917.
`FIRST USE IN COMMERCE: 19970917
`
`Mark Drawing Code
`(1) TYPED DRAWING
`
`Serial Number
`75977768
`
`Filing Date
`November 17, 1993
`
`Filed ITU
`FILED AS ITU
`
`Publication for Opposition Date
`August 9, 1994
`
`k
`
`Registration Number
`2203350
`
`Registration Date
`November 10, 1998
`
`Owner Name and Address
`(REGISTRANT) Field & Stream Licenses Company CORPORATION MINNESOTA l4
`Loring Road Hopkins MINNESOTA 55305
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Live Dead Indicator
`LIVE
`
`Attorney of Record
`JEROME V LAVIN
`
`*** Search:
`
`3 *** Document Number:
`
`2 ***
`
`

`

`“7"
`
`user: ngynUL
`
`‘TJ._LCL.L muunucr.
`
`[\JVVL‘IIU
`
`i, 1, Vs. _H_H_o.vv .11
`
`[Missing Image]
`
`Mark
`
`_SUPERFORMANCE
`
`Pseudo Mark
`SUPER PERFORMANCE
`
`»
`Goods and Services
`G & S: Vehicles for locomotion by
`IC 012.
`Us 019 021 023 031 035 044.
`land or water, namely, cars, motorcycles,
`trucks,
`tractors, sports
`utility vehicles, go—carts, motorized golf carts, ambulances, fire
`trucks, buses,
`fork lift trucks, motor homes, bicycles, mopeds, railcars,
`tricycles, vans, boats, canoes, kayaks, rafts, sailboats, ships, and
`yachts.
`FIRST USE: 19950731.
`FIRST USE IN COMMERCE: 19950731
`
`Mark Drawing Code
`(1) TYPED DRAWING
`
`Serial Number
`75661575
`
`'
`Filing Date
`March 11, 1999
`
`.
`
`Publication for Opposition Date
`February 27, 2001
`
`Registration Number
`2452417
`
`Registration Date
`May 22, 2001
`
`Owner Name and Address
`INC. CORPORATION OHIO 2647
`(REGISTRANT) SUPERFORMANCE INTERNATIONAL,
`Morgan Lane State Route 128 Ross OHIO 45013
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Live Dead Indicator
`LIVE
`
`Attorney of Record
`Douglas P. LaLone
`
`*** Search:
`
`3 *** Document Number:
`
`3 ***
`
`

`

`2"" UbeL. Ugaynur
`
`-‘\T:.LJ.clJ_ L‘IULLUJCL.
`
`lu1qlul'1
`
`1/1/VL .Lc..av.vu 1.11
`
`
`
`Mark
`
`RUB—R STUFF
`
`Pseudo Mark
`RUBBER STUFF
`
`H
`-
`Goods and Services
`G & S: SWIMMING AIDS, NAMELY, ARM FLOATS
`IC 028.
`US 022 023 038 050.
`AND POOL RINGS FOR RECREATIONAL USE.
`FIRST USE: 19931100.
`FIRST USE IN.
`COMMERCE: 19980200,
`7
`
`IC 012.
`RAFTS.
`
`INFLATABLE BOATS AND
`G & S:
`US 019 021 023 031 035 044.
`FIRST USE: 19931100., FIRST USE IN COMMERCE: 19980200
`
`‘
`Mark Drawing Code
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Design Code
`180725
`
`Serial Number
`75431074
`
`Filing Date
`February 9, 1998
`
`Filed ITU
`FILED AS ITU
`
`Publication for Opposition Date
`July 27, 1999
`
`Registration Number
`2358256
`
`Registration Date
`June 13, 2000
`
`g
`V-
`Owner Name and Address
`(REGISTRANT) Ocean King Inflatable Products Ltd. CORPORATION HONG KONG
`
`*** Search:
`
`3 *** Document Number:
`
`5 ***
`
`I
`
`,
`
`(cont)
`
`

`

`UOCJ. . ugayiiur
`
`uc'
`
`LOLA— J-VLALLLL/CL .
`
`I V1..J_LV r1:
`
`I605-6 16/F Chai Wan / dustrial city, Phase 2 Ch Wan HONG KONG
`
`Disclaimer Statement
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "RUBBER" APART FROM THE
`MARK AS SHOWN
`
`Type of Mark
`TRADEMARK'
`
`Register
`PRINCIPAL
`
`Live Dead Indicator
`LIVE
`
`Attorney of Record
`PETER A SMITH
`
`*** Search:
`
`3 *** Document Number:
`
`5 ***
`
`

`

`""”
`
`UDEL. UgdyUUL
`
`-"|-.:.L.Lo._L l‘ILlLLLUCL.
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`IJHJIU/J
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`
`
`
`Mark
`
`RUB—R STUFF
`
`Pseudo Mark
`RUBBER STUFF
`
`
`
`,55
`
`1 1lI1ii
`
`Goods and Services
`G & S: SWIMMING AIDS, NAMELY, POOL RINGS
`IC 028.
`US 022 023 038 050.
`AND ARM FLOATS FOR RECREATIONAL USE.
`FIRST USE: 19931100.
`FIRST USE IN
`COMMERCE: 19980200
`
`IC 012.
`RAFTS.
`
`INFLATABLE BOATS AND
`G & S:
`US 019 021 023 031 035 044.
`FIRST USE: 19931100.
`FIRST USE IN COMMERCE: 19980200
`
`Mark Drawing Code
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Design Code
`260104 260120
`
`Serial Number
`75431073
`
`Filing Date
`February 9, 1998
`
`Filed ITU
`FILED AS ITU
`
`Publication for Opposition Date
`July 13, 1999
`
`Registration Number
`2352468
`
`Registration Date
`May 23, 2000
`
`Owner Name and Address
`
`*** Search:
`
`3 *** Document Number:
`
`6 ***
`
`(cont)
`
`

`

`*** User: Dgaynor W“ aerial Numoer: quaiuto ”A
`
`)RPORATION HONG KONG
`(REGISTRANT) Ocean Ki.“ Inflatable Products Ltd.
`1605—6,
`l6/F. Chai Wan Industrial City, Phase 2 Chai Wan HONG KONG
`
`Disclaimer Statement
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "RUBBER" APART FROM THE
`MARK AS SHOWN
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Live Dead Indicator
`LIVE
`
`Attorney of Record
`PETER A SMITH
`
`*** Search:
`
`3 *** Document Number:
`
`6 ***
`
`

`

`“‘7‘
`
`user; Dgaynor
`
`"""
`
`-“‘:‘.LJ.d.J.
`
`JNUJLLUUL.
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`
`rm
`
`
`
`Mark
`
`ZEBEC OF NORTH AMERICA
`
`Goods and Services
`inflatable boats and rafts.
`G & S:
`IC 012.
`US 019 021 023 031 035 044.
`FIRST USE: 19930401.
`FIRST USE IN COMMERCE: 19931206
`
`Mark Drawing Code
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Design Code
`261120 261121
`
`Serial NUmber
`74541922
`
`Filing Date
`June 24, 1994
`
`Publication for Opposition Date
`September 19, 1995
`
`Registration Number
`1940659
`
`Registration Date
`December 12, 1995
`
`Owner Name and Address
`(REGISTRANT) Zebec of North America composed of Scott Snyder and Edgar
`Snyder, both U.S. citizens PARTNERSHIP OHIO 5507 Yellowstone Drive
`Fairfield OHIO 45014
`‘
`
`x
`
`Disclaimer Statement
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "OF NORTH AMERICA" APART
`FROM THE MARK AS SHOWN
`
`Description of Mark
`
`The lining is a feature of the mark and not for color.
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Live Dead Indicator
`
`*** Search:
`
`3 *** Document Number;
`
`12 ***
`
`'
`
`(cont)
`
`

`

`h ” UDCL . UgdyllUL
`
`OC' LClJ.
`
`JNLULLUCL .
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`l‘iJ‘kLJLL
`
`LIVE
`
`*** Search:
`
`3 *** Document Number: 12 ***
`
`

`

`UDCL- UgayllUL
`
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`l‘lU-llLLJCL.
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`
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`Mark
`
`EV
`
`Pseudo Mark
`EV
`
`Goods and Services
`G & S: RUBBER DINGHIES AND SELF—INFLATING RAFTS
`IC 012.
`US 019 035.
`AND PARTS AND ACCESSORIES THEREFOR, NAMELY PNEUMATIC BOATS AND
`SELF-INFLATING RAFTS FOR OFFSHORE USE; SEAT CUSHIONS AND SEATS FOR BOATS;
`OARS, ROWLOCKS, PADDLES, STEERING COMPARTMENTS, HAULAGE ROLLERS, BOAT
`CARRIERS FOR AUTOMOBILES, RE-ASCEND LADDERS FOR WATERCRAFT, BOAT COVERS,
`DOCKING HOOKS FOR BOATS, DAVITS FOR LIFE BOATS AND WATERCRAFT OF BIG
`DIMENSIONS, HYDROSTATIC HOOKS FOR SECURING LIFE RAFTS TO WATERCRAFT OF
`BIG DIMENSIONS.
`FIRST USE: 19820000.
`FIRST USE IN COMMERCE: 19870617
`
`Mark Drawing Code
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Design Code
`260902 260921
`
`Serial Number
`73781256
`
`Filing Date
`February 14, 1989
`
`Publication for Opposition Date
`October 2, 1990
`
`Registration Number
`1629060
`
`Registration Date
`December 25, 1990
`
`Owner Name and Address
`
`*** Search:
`
`3 *** Document Number: 17 ***
`
`(cont)
`
`

`

`UQCL- “gal/um);
`
`u: LQJ.
`
`LVLALLLUCJ...
`
`IJIULLJU
`
`(REGISTRANT) EUROVINI wINDUSTRIES S.P.A. CORPORA
`3 GROSSETO ITALY
`
`ON ITALY VIA GENOVA NO.
`
`Assignment Recorded
`ASSIGNMENT RECORDED
`
`Description of Mark
`THE DRAWING Is LINED FOR THE COLOR ORANGE.
`
`Pype of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`AffidaVit Text
`SECT 8
`(6-YR).
`
`Live Dead Indicator
`LIVE
`
`Attorney of Record
`JESS M. COLLEN
`
`,
`
`K** Search:
`
`3 *** Document Number: 17 ***
`
`

`

`“XX
`
`user: Dgaynor
`
`"""
`
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`
`Mark
`
`AERAZUR EFA
`
`Goods and Services
`
`[Missing Image]
`
`G & S: Parachutes; Balloons; Dirigibles and Lighter
`US 019.
`IC 012.
`than Air Transportation Vehicles; Balloons for Raising Aircraft;
`Transportation Life Rafts and Life Boats; Pleasure Transportation Rafts
`and Boats; Safety Belts for Vehicle Seats.
`FIRST USE: 19810101.
`FIRST
`USE IN COMMERCE: 19810101
`
`G & S: Aircraft Arrest Barriers Comprising
`US 026 039.
`IC 009.
`Netting or Cables to Be Disposed Across a Landing Area; Life Saving and
`Safety Garments—Namely, Life Jackets,
`Immersion Flying Suits, Anti
`Acceleration Trousers and Anti-Gravity Suits and Insulated Clothing for
`Polar Region Survival; Emergency Slide and Raft Evacuation Apparatus for
`Airplanes; Safety Floats for Aircraft, Helicopters and Boats.
`FIRST USE:
`19810101.
`FIRST USE IN COMMERCE: 19810101
`
`Mark Drawing Code
`(1) TYPED DRAWING
`
`Serial Number
`73348159
`
`Filing Date
`‘February 1, 1982
`
`Publication for Opposition Date
`April 9, 1985
`
`Registration Number
`1342093
`
`Registration Date
`June 18, 1985
`
`Owner Name and Address
`(REGISTRANT) AERAZUR EFA CORPORATION FRANCE 58 BOULEVARD GALLIENI
`LES MOULINEAUX FRANCE F-9213O
`
`ISSY
`
`Assignment Recorded
`ASSIGNMENT RECORDED
`
`Section 44 Indicator
`SECT44
`
`Priority Date
`August 14, 1981
`
`Prior Registration(s)
`1286880
`
`Type of Mark
`TRADEMARK
`
`***'Search:
`
`3 *** Document Number: 19 ***
`
`(cont)
`
`

`

`\JDCJ—a ugayiLUL
`
`OC'LCIJ.
`
`LVLLLLLLJEL.
`
`/J.LJ.DIJ.4 ““"
`
`BREWSTER TAYLOR
`
`k.“ Search:
`
`3 *** Document Number: 20 ***
`
`

`

`*** User: bgaynor
`
`*** Serial Numper.
`
`IéaovuyJ
`
`1/1/04 il.gu.va I“
`
`[Missing Image]
`
`G & S: PNEUMATIC CRAFT—NAMELY, BOATS AND RAFTS
`
`Mark
`
`ALAIN BOMBARD
`
`Goods and Services
`IC 012.
`US 019.
`
`Mark Drawing Code
`(1) TYPED DRAWING
`
`Serial Number
`72436099
`
`Filing Date
`September 19, 1972
`
`Registration Number
`0980265
`
`Registration Date
`March 12, 1974
`
`Owner Name and Address
`(REGISTRANT) SOCIETE INDUSTRIELLE L'ANGEVINIERE ET JOUE—LES TOURS ANGE—
`CORPORATION FRANCE PARIS l7 FRANCE
`
`(LAST LISTED OWNER) ZODIAC, SA PUBLIC COMPANY ASSIGNEE OF FRANCE 58 BD
`GALLIENI 92137 ISSY LES MOULINEAUX FRANCE
`
`Assignment Recorded
`>ASSIGNMENT RECORDED
`
`Section 44 Indicator
`‘.SECT44
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`‘Affidavit Text
`'
`SECT 8
`(6—YR).
`
`‘
`Renewal
`lST RENEWAL
`
`,
`19950410
`
`IS THE NAME OF A LIVING INDIVIDUAL, WHOSE CONSENT IS OF
`
`Other Data
`"ALAIN BOMBARD"
`RECORD.
`
`Live Dead Indicator
`LIVE
`
`Attorney of Record
`EARTH X. DEROSA
`
`*** Search:
`
`3 *** Document Number: 21 ***
`
`

`

`*** User: bgaynor
`
`*** Serial Number: 72413791
`
`***
`
`1/4/02 12:28:02 PM ***
`
`CAMPMASTER
`
`Mark
`
`CAMPMASTER
`
`Goods
`
`and Services
`
`G & S: BUCKETS, PLASTIC BOTTLES, CUPS, PLATES,
`US 002.
`IC 020 021.
`BOWLS AND TRAYS; BAGS FOR CLOTHING; CANS; CANTEENS; AND CASES FOR EGGS.
`FIRST USE: 19711001.
`FIRST USE IN COMMERCE: 19711001
`
`G & S: DUFFLE BAGS; KNAPSACKS; PACKS AND PACK
`‘US 003.
`IC 018 022.
`FRAMES; AND CARRIER STRAPS.
`FIRST USE: 19710928.
`FIRST USE IN COMMERCE:
`19710928
`
` 1.
`
`G & S: ROPE AND CORDS.
`US 007.
`IC 022.
`USE IN COMMERCE: 19710929
`
`FIRST USE: 19710929. FIRST
`
`G & S: RIFLE MOUNTS AND SLINGS; GUN RACKS; GUN RECOIL
`US 009.
`IC 013.
`PADS; SHELL BELTS; SHELL VESTS; AND MATCH BOXES FOR CAMPERS. FIRST USE:
`19710930.
`FIRST USE IN COMMERCE: 19710930
`
`G & S: MESSKITS; PORTABLE CAMPING TOILETS; GAS CAN
`US 013.
`IC 006.
`NOZZLES; AND COOKING SETS.
`FIRST USE: 19710928.
`FIRST USE IN COMMERCE:
`19710928
`
`IC 012.
`PADDLES.
`
`G & S: RUBBER BOATS AND RAFTS AND PARTS THEREFOR; AND
`US 019.
`FIRST USE: 19711008.
`FIRST USE IN COMMERCE: 19711008
`
`‘
`
`G & S: GAME BAGS; FISHING TACKLE; HAMMOCKS; AIR
`US 022.
`IC :028.
`MATTRESSES FOR RECREATIONAL USE; SLEEPING BAGS AND CASES THEREFOR;
`ARCHERY EQUIPMENT; TENTS AND STAKES THEREFOR; ATHLETIC FACE MASKS. FIRST
`USE: 19570311.
`FIRST USE IN COMMERCE: 19570327
`
`G.& S: CAMPING COTS; CAMPING STOOLS; AIR PILLOWS; AND
`US 032.
`IC 020.
`METAL MIRRORS FOR CAMPERS.
`FIRST USE: 19710927.
`FIRST USE IN COMMERCE:
`19710927
`'
`
`IC 011.
`WARMERS.
`
`US 034.
`G & S: COAL OIL LANTERNS; CAMP GRILLS; AND HAND
`FIRST USE: 19710929.
`FIRST USE IN COMMERCE: 19710929
`
`G & S: PONCHOS; VESTS; BOOTS; CAPS; UNDERWEAR; HATS;
`US 039.
`IC 025.
`JACKETS; POLYESTER FIBER SUITS; RUBBERIZED RAINSUITS CONSISTING OF
`PARKAS, HOODS AND MATCHING TROUSERS AND ZORIS (SHOWER SANDALS).
`FIRST
`USE: 19710929.
`FIRST USE IN COMMERCE: 19710929
`.
`
`G & S: NETTING FOR CAMOUFLAGE AND FOR COTS. FIRST
`US 042.
`IC 024.
`USE: 19710928.
`FIRST USE IN COMMERCE: 19710928
`
`IC 022.
`19590226.
`
`G & S: GROUND CLOTHS; AND TARPAULINS.
`US 050.
`FIRST USE IN COMMERCE: 19590226
`
`FIRST USE:
`'
`
`*** Search:
`
`3 *** Document Number: 22 ***
`
`(cont)
`
`

`

`*** User: bgaynor
`
`*** Serial Number: 72413791 ***
`
`[ SHOVELS; COMBINATION PICK AN