Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1957 (Rev 10/2011)
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`OMB No. 0651-0050 (Exp 09/20/2020)
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`Response to Office Action
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`Input Field
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`SERIAL NUMBER
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`LAW OFFICE ASSIGNED
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`MARK SECTION
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`MARK
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`LITERAL ELEMENT
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`STANDARD CHARACTERS
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`USPTO-GENERATED IMAGE
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`MARK STATEMENT
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`ARGUMENT(S)
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`The table below presents the data as entered.
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`Entered
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`87907090
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`LAW OFFICE 107
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`https://tmng-al.uspto.gov/resting2/api/img/87907090/large
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`ZIBOT
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`YES
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`YES
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`The mark consists of standard characters, without claim to any particular font style,
`size or color.
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Applicant : Guanzhou Zhiban Technology Company, Ltd Application
`No. : 87907090 Filed : May 4, 2018 Mark : ZIBOT International Classes : 007, 009, 028, 035 Examining Attorney : Ronald E. Delgizzi Law
`Office : 107 Docket No. : MSL18405 Date : February 26, 2019 Response to Office Action This Response is being submitted in response to the
`non-final Office action mailed August 29, 2018. Applicant thanks the Examining Attorney for diligent examination of this application. In the
`final Office action, the Examining Attorney refused registration under Section 2(d) of the Trademark Act, based on an assertion that
`Applicant?s mark, when used on the identified goods, is likely to be confused with the registered mark in U.S. Reg. No. 4171938. A prior-filed
`application advisory as to Ser. Nos. 87120311 and 8723797 was also issued in the Office action. Applicant responds to the 2(d) refusal and
`prior-filed application advisory below. In addition, the Examining Attorney requested clarification as to certain of the recited goods and
`services in classes 7, 9, 28, and 35. In response to the clarification requirement, Applicant submits the following amendments: Class 7: Robots,
`namely, robots for domestic use, robots for providing personal assistance; humanoid robots for research and engineering; industrial humanoid
`robots used as care provider at home, teaching provider, entertainment provider, welcoming assistant, deliverer of items at home; industrial
`robots Class 9: Robots, namely, laboratory robots; humanoid robot with artificial intelligence for use as personal companions or pets;
`humanroid robots with artificial intelligence; teaching robots; robots for children, namely, assisting, accompanying, educating, or entertaining
`children; robots for home use, namely, robots for cooking, delivery of items, including food, beverage, medicine, packages, and other items;
`robots for personal or hobby use, namely, robots for capturing, transmitting or reproducing sound or images; robots for personal, educational
`and hobby use, namely, personal robots for video and audio monitoring, surveillance, and communication; security surveillance robots; robots
`for reading in the nature of teaching robots; robots for telling stories in the nature of teaching robots; robots for reading story books in the
`nature of teaching robots; robots for singing songs in the nature of teaching robots; robots, namely vending robots; entertainment robots;
`structural parts for all of the foregoing robots Class 28: Toy robots; game apparatus, namely, games comprised of electronic toys in the nature
`of robots; robots for reading in the nature of toy robots; robots for telling stories in the nature of toy robots; robots for reading story books in
`the nature of toy robots; robots for singing songs in the nature of toy robots Class 35: Advertising, namely, promoting the brands, goods and
`services of others; retail store and online retail store services featuring a wide variety of consumer goods; retail store and online retail store
`services featuring toys, books, games, music, clothing, sporting goods With the above amendments thus entered, Applicant now turns to the
`substantive refusal and prior-filed application advisory. Traversal of 2(d) Refusal and Prior-Filed Application Advisory Applicant first submits
`remarks in response to the 2(d) refusal based on Reg. No. 4171938 in Part I below, followed by Applicant?s remarks in response to the prior-
`filed application advisory in Part II below. I. Traversal of Refusal as to Reg. No. 4171938 for the mark ZOBOT As an initial matter, Applicant
`notes that the current refusal as to ZIBOT is inconsistent with the Office?s treatment of Applicant?s recently registered application for a
`stylized ZIBOT mark for similar goods in class 28, which was approved over the cited mark. Specifically, Applicant is the owner of Reg. No.
`5528429 for the mark in class 28 for use with ?Building games; Caps for toy pistols; Dolls' feeding bottles; Dominoes; Plastic party hats;
`Playset buildings; Toy building blocks; Toy pistols; Toy robots; Toys for domestic pets?. See Exhibit 1, a copy of the TSDR status print-out
`and registration certificate for Reg. No. 5528429, registered on July 31, 2018. Reg. No. 5528429 covers the types of goods which the
`Examiner asserts lead to a likelihood of confusion with the cited registration in this case, games and toys, including those which may be
`educational in nature (such as building games). Applicant?s Reg. No. 5528429 was examined approximately one year ago, and did not receive
`a citation based on the cited ZOBOT mark, despite the cited mark being registered at that time, and despite the recital specifying toys and
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`games in Applicant?s Reg. No. 5528429. See Exhibit 1 at 6, showing the Office action issued January 31, 2018, finding no conflicting marks
`that would bar registration of Applicant?s mark under Section 2(d). The Office?s approval of a ZIBOT mark for games and toys only one year
`ago shows that there is no confusion as to Applicant?s use and registration of ZIBOT in this field, and the cited mark ZOBOT. It is
`inconsistent to treat the current application for ZIBOT differently than Applicant?s recently registered application. The wording in Applicant?s
`current mark and in its recently registered mark is the same, ZIBOT. As discussed in more detail below, if anything, the amended goods in
`Applicant?s current application, which are not only toys but also robots for other purposes, are even more distinctly different from those of the
`cited registration, which specifically recites computer games and printed posters. The current application is no more likely to cause confusion
`than the Applicant?s now registered application for . This action by the Office is contrary to the Consistency Initiative and the refusal as to
`cited Reg. No. 4171938 should therefore be withdrawn. Although Applicant believes the above considerations should be sufficient to show
`that there is no likelihood of confusion, Applicant submits additional remarks below as to why there is no likelihood of confusion based on the
`du Pont factors. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 U.S.P.Q.2d 563 (C.C.P.A., 1973) establishes the following factors
`as a test for determining whether there is a likelihood of confusion: (1) The similarity or dissimilarity of the marks in their entireties as to
`appearance, sound, connotation and commercial impression. (2) The similarity or dissimilarity and nature of the goods or services as described
`in an application or registration or in connection with which a prior mark is in use. (3) The similarity or dissimilarity of established, likely-to-
`continue trade channels. (4) The conditions under which and buyers to whom sales are made, i.e. ?impulse? vs. careful, sophisticated
`purchasing. (5) The fame of the prior mark (sales, advertising, length of use). (6) The number and nature of similar marks in use on similar
`goods. (7) The nature and extent of any actual confusion. (8) The length of time during and conditions under which there has been concurrent
`use without evidence of actual confusion. (9) The variety of goods on which a mark is or is not used (house mark, ?family? mark, product
`mark). (10) The market interface between Applicant and the owner of a prior mark: (a) a mere ?consent? to register or use. (b) agreement
`provisions designed to preclude confusion, i.e. limitations on continued use of the marks by each party. (c) assignment of mark, application,
`registration and good will of the related business. (d) latches and estoppel attributable to owner of prior mark and indicative of lack of
`confusion. (11) The extent to which Applicant has a right to exclude others from use of its mark on its goods. (12) The extent of potential
`confusion, i.e., whether de minimus or substantial. (13) Any other established fact probative of the effect of use. TMEP ? 1207.01; du Pont,
`476 F.2d at 1360 62, 177 U.S.P.Q.2d at 566 67. In the present case, Applicant submits that analysis of the most relevant factors shows that
`there is no likelihood of confusion, including (1) the weakness of the cited mark within the extremely crowded field of BOT marks, (2) the
`dissimilarity of the marks, particularly when considered in view of the crowded field; and (3) the dissimilar nature of the goods as described in
`the application and cited registration. As detailed below, analysis of these factors shows that in the crowded field of BOT marks, where
`hundreds of registered BOT marks coexist, registration of Applicant?s mark ZIBOT for the amended robot goods and services is not likely to
`cause confusion with the cited mark ZOBOT for computer games and posters. The above factors obviate any likelihood of confusion a. The
`cited mark ZOBOT is merely one in an extremely crowded field of hundreds of live, use-based, registered BOT marks. The cited registration
`exists in an extremely crowded field of BOT marks on the registry in the relevant classes. In the crowded field of BOT marks, the cited mark is
`too weak to prevent registration of the applied-for mark. As Professor McCarthy explains in regards to crowded fields of marks: The ultimate
`test of relative strength is the distinctiveness of a mark in the mind and perception of the relevant customer group. But a mark that is hemmed
`in on all sides by similar marks on similar goods cannot be very ?distinctive.? It is merely one of a crowd of marks. In such a crowd, customers
`will not likely be confused between any two of the crowd and may have learned to carefully pick out one from the other.? In a ?crowded? field
`of similar marks, each member of the crowd is relatively ?weak? in its ability to prevent use by others in the crowd. ? Evidence of third party
`use of similar marks on similar goods is admissible and relevant to show that the mark is relatively weak and entitled to only a narrow scope of
`protection. 3 J. Thomas McCarthy, MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION, ??11: 85-88 at 11- 143 to 11-150
`(1996) In this case, the field is so crowded that consumers are forced to distinguish carefully between the specific differences in the various
`BOT marks in the field. As shown in attached Exhibit 2, a TESS search for marks ending in ?bot? that are currently live, registered, and based
`on Section 1(a) in classes 7, 9, 28, and 35 returns 792 records. See Exhibit 2, showing print-outs of TESS results for the search logic <
`(*bot)[COMB] and live[ld] and (`RN > "0") and 1A[cb] and (007[ic] or 009[ic] or 028[ic] or 035[ic])>. It is obvious from such TESS results
`that mere overlap as to the suffix ?BOT? for robotic or computer-related goods is not sufficient to create confusion. In such a field, differences
`in the non-BOT material in the marks weighs heavily to prevent confusion. The table below showing a non-exhaustive, representative list of
`coexisting BOT marks at the USPTO. The table illustrates how marks that are identical in wording, or differ by as little as one letter, coexist in
`the BOT field on the registry. TSDR status printouts for the below marks are included in Exhibit 3. Mark Owner Class / Goods and Services
`Reg. No. 4395716 Reg. Date Sep. 03, 2013 Shanghai Devatech Digital Co., Ltd. (Corporation, China) Class 9: Apparatus for transmission of
`communication; Batteries, electric; Camcorders; Cameras; Computers; Eyeglasses; Portable telephones; Robots for personal or hobby use;
`Sound reproduction apparatus; Video telephones Reg. No. 5646417 Reg. Date Jan. 08, 2019 Xeeva, Inc. (Corporation, Delaware) Class 9:
`Computer software, computer software utilizing artificial intelligence, and dashboard computer software for business to business for
`monitoring, tracking and reporting orders, transactions, supplies, inventory, invoicing, in real-time, storing, managing, tracking, analyzing, and
`reporting data relating to procurement management, business project management and control, expense management, software management,
`invoice auditing, invoice processing, asset and inventory management, real-time asset and inventory management, data management, data
`visualization, business intelligence, enterprise resource planning, financial management, operations management, production management,
`sales management, cost analysis; procurement software, procurement software utilizing artificial intelligence, and dashboard procurement
`software for providing information pertaining to procurement, buying, selling and tendering information and opportunities to individual
`buyers, tracking projects, and budgeting, controlling, compliance, requisitioning, operational and management reporting, supplier
`management; communications software, communications software utilizing artificial intelligence, and dashboard communications software in
`the field of extended enterprise technology, project management and supply chain management for use in communicating information over an
`extended enterprise Class 42: Providing temporary use of non-downloadable cloud-based computer software, providing temporary use of non-
`downloadable cloud-based computer software utilizing artificial intelligence, and providing temporary use of non-downloadable cloud-based
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`dashboard computer software for business to business for monitoring, tracking and reporting orders, transactions, supplies, inventory,
`invoicing, in real-time, storing, managing, tracking, analyzing, and reporting data relating to procurement management, business project
`management and control, expense management, software management, invoice auditing, invoice processing, asset and inventory management,
`real-time asset and inventory management, data management, data visualization, business intelligence, enterprise resource planning, financial
`management, operations management, production management, sales management, cost analysis; providing temporary use of non-
`downloadable cloud-based procurement software, providing temporary use of non-downloadable cloud-based procurement software utilizing
`artificial intelligence, and providing temporary use of non-downloadable cloud-based dashboard procurement software for providing
`information pertaining to procurement, buying, selling and tendering information and opportunities to individual buyers, tracking projects, and
`budgeting, controlling, compliance, requisitioning, operational and management reporting, supplier management; providing temporary use of
`non-downloadable cloud-based communications software, providing temporary use of non-downloadable cloud-based communications
`software utilizing artificial intelligence, and providing temporary use of non-downloadable cloud-based dashboard communications software
`in the field of extended enterprise technology, project management and supply chain management for use in communicating information over
`an extended enterprise Reg. No. 5379641 Reg. Date Jan. 16, 2018 Zhiwei Robotics Corp. (Corporation, China) Class 7: 3D printers;
`Embossing machines; Metalworking machine tools; Plastic processing machines; Robotic arms for industrial purposes; Stands for machines;
`Gear cutting and finishing machines; Industrial robots; Machine parts, namely, hoods; Rubber vulcanizing apparatus Reg. No. 4561312 Reg.
`Date Jul. 01, 2014 FROBOT INCORPORATED (Corporation, West Virginia) Class 7: Vending machines featuring frozen confectioneries,
`including frozen yogurt Reg. No. 5316676 Reg. Date Oct. 24, 2017 Shen Weiguo (Individual, China) Class 7: Bottle washing machines;
`Brushes for vacuum cleaners; Central vacuum cleaning installations; Dust exhausting installations for cleaning purposes; Machines and
`apparatus for carpet shampooing, electric; Pressure washing machines; Vacuum cleaners; Vacuum cleaners for household purposes; Vehicle
`washing installations; Industrial robots BOE-BOT Reg. No. 2889302 Reg. Date Sep. 28, 2004 Parallax, Inc. (Corporation, California) Class 9:
`Wheeled robots, each with a BASIC-programmable microcontroller and sensor array for the detection and navigation of the surrounding
`environment; for educational, hobby or personal use Reg. No. 2677206 Reg. Date Jan. 21, 2003 KISS Institute for Practical Robotics (Not For
`Profit Organization, Virginia) Class 9: educational and instructional material consisting of a CPU, instruction manual, toy robot parts for
`teaching science, math, engineering all sold as a unit Class 28: educational toy in the nature of a toy robot and the parts thereof Reg. No.
`3135558 Reg. Date Aug. 29, 2006 PITSCO, INC. (Corporation, Kansas) Class 9: Hydraulically activated robot for educational and hobby
`applications Reg. No. 5241163 Reg. Date Jul. 11, 2017 YOUNGTOYS, INC. (Corporation, Korea, Republic Of) Class 28: Toy robots;
`Transforming robotic toys; Transforming robotic toy vehicles; Battery operated action toys; Electric action toys; Mechanical toys; Action
`figure toys; Toy action figures and accessories therefor; Plastic character toys; Rubber character toys; Toy figures; Toy boxes; Toy tools; Toy
`clocks and watches; Toy prism glasses; Toy vehicles and accessories therefor; Toy cars; Model cars; Toy models; Dolls; Dolls and play sets
`therefor; Play sets for action figures; Board games; Dominoes; Musical toys; Stuffed toys; Toy houses; Darts; Puzzles; Play swimming pools;
`Swimming jackets Reg. No. 5120810 Reg. Date Jan. 10, 2017 MATTEL, INC. (Corporation, Delaware) Class 28: Toy vehicles and
`accessories therefor Reg. No. 4475627 Reg. Date Jan. 28, 2014 BioSample LLC (Limited Liability Company, New Jersey) Class 9: Laboratory
`equipment, namely, an automated device for medical, diagnostic and forensic use that provides automated storage of nucleic acid samples
`extracted from body fluid samples at identified locations Reg. No. 5301965 Reg. Date Oct. 03, 2017 Advanced Solutions Life Sciences, LLC
`(Limited Liability Company, Kentucky) Class 9: Computer robotics-supported workstations comprising three-dimensional (3D) printers,
`multi-axis robots, cartridges for containing printing material, dispensers, video cameras and software for visualization of workstation
`operations, sensors and software for environmental control of workstation, for fabricating and assembling engineered tissue constructs
`BIOROBOT Reg. No. 2213200 Reg. Date Dec. 22, 1998 QIAGEN GmbH (Corporation, Germany) Class 9: laboratory equipment, namely,
`apparatus for pipetting liquids for the preparation of nucleic acids; laboratory equipment, namely, apparatus for pipetting liquids for
`performing enzymatic reactions Reg. No. 4549931 Reg. Date Jun. 17, 2014 HANGZHOU GAOYUE TECHNOLOGIES CO., LTD. (Limited
`Company (Ltd.), China) Class 7: Agricultural machines, namely, cultivators, harvestors, disk harrows, seeders; Automatic swimming pool
`cleaners and parts therefor; Electric washing machines for industrial purposes; Floor cleaning machines; Industrial robots; Lawnmowers;
`Power tools, namely, drills, routers, circular saws; Steam cleaning machines; Vacuum cleaners Reg. No. 5008424 Reg. Date Jul. 26, 2016
`IBOT CONTROL SYSTEMS INC. (Corporation, Nevada) Class 9: Electric devices, namely, sensors, actuators, card readers, electronic
`input/output displays in the nature of digital signage, switches; computer peripherals, namely, barcode scanners, magnetic encoded card
`readers; computer interface boards with embedded firmware programming for connecting a machine to a cloud network facility Class 42:
`Consulting services relating to the design and implementation of intelligent networks for interconnection and control of data streams to and
`from sensors, actuators and other electronic devices; Providing virtual computer systems and virtual computer environments through cloud
`computing for interconnection and control of data streams to and from sensors, actuators and other electronic devices via a control unit Reg.
`No. 4379804 Reg. Date Aug. 06, 2013 Toys Tekk Corporation (Corporation, California) Class 28: Radio controlled model vehicles; Radio
`controlled toy vehicles; Radio transmitters for use with radio-controlled toys Reg. No. 5589941 Reg. Date Oct. 23, 2018 Observables, Inc.
`(Corporation, California) Class 9: a specialized signal router comprising hardware and software for electronic communications, the specialized
`signal router having wired and wireless communications interfaces, security features and expansion capabilities Reg. No. 55186421 Reg. Date
`Apr. 18, 2017 ActiveScaler Inc. (Corporation, Delaware) Class 9: Mobile computers; Telematics apparatus, namely, wireless Internet devices
`which provide telematic services and have a cellular phone function; Vehicle detection equipment, namely, display monitors, computers,
`image sensors, video cameras, and operating system and application software to detect vehicle location; Vehicle tracking devices comprised of
`cellular radio modules, computer software and computer hardware, sensors, transmitters, receivers and global positioning satellite receivers, all
`for use in connection with vehicle tracking, vehicle monitoring and anti-theft vehicle alarms; Computer software for vehicle and fleet
`management; Computer software, namely, software development tools for the creation of mobile internet applications and client interfaces
`Reg. No. 3738754 Reg. Date Jan. 19, 2010 iRobot Corporation (Corporation, Delaware) Class 7: Robots for cleaning underwater surfaces for
`industrial, commercial, and/or household use Reg. No. 3675252 Reg. Date Sep. 01, 2009 ACCESSO TECHNOLOGY GROUP PLC (Public
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`Limited Company, United Kingdom) Class 9: portable low power radio transmitter/receiver units for assisting theme park visitors with
`management of their wait time associated with attendance at theme park rides, shows, attractions, events, and other activities Class 41:
`computerized ticket reservation services of amusement park attractions, namely, rides, shows, events and other activities through the use of an
`electronic computer system and portable electronic paging unit for reducing and managing wait times Reg. No. 4434854 Reg. Date Nov. 19,
`2013 Revolution Mobile Solutions, LLC (Limited Liability Company, Arkansas) Class 35: promoting the goods and services of others by
`distributing coupons, providing hyperlinks to websites of others, providing information on rebates and discounts Reg. No. 5256480 Reg. Date
`Aug. 01, 2017 NEWVALUEXCHANGE LIMITED (Private Limited Company, England) Class 9: Downloadable computer software featuring
`artificial intelligence dialogue for providing end-user resources for searching, locating, rating, evaluating and providing directions for the
`purchase, consumption and use of a wide range of products and services over a global communications network and using any connected
`access mode in any format, namely, mobile communication devices, desktop internet, email, voice or social media channels Class 42: Software
`as a service featuring artificial intelligence dialogue for providing end-user resources for searching, locating, rating, evaluating and providing
`directions for the purchase, consumption and use of a wide range of products and services over a global communications network and using
`any connected access mode in any format, namely, mobile communication devices, desktop internet, email, voice or social media channels
`Reg. No. 5133006 Reg. Date Jan. 31, 2017 OAZON LIMITED (Limited Company (Ltd.), Hong Kong) Class 9: Abdominal belts containing
`built-in speakers for purposes of transmitting music/sounds/educational material to a fetus and built-in pockets in which to carry audio
`transmitters; Adapter plugs; Audio equipment for vehicles, namely, loud speakers for automotive audio systems; Audio equipment for
`vehicles, namely, stereos, speakers, amplifiers, equalizers, crossovers and speaker housings; Batteries and battery chargers; Battery packs;
`Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices,
`specially adapted for use with handheld digital electronic devices, namely, cell phones, MP3 players, and personal digital assistants; Cases for
`music, audio and related electronic equipment, namely, cases for audio tuners, audio receivers, amplifiers, tape players, compact disc players,
`MP3 controllers/players, audio mixers, audio speakers in the nature of music studio monitors, microphones, audio speakers, compact discs,
`audio tapes, portable computers, antennas, phonographic record players, audio recording equipment, and the cables associated with all of the
`foregoing equipment; Cell phones; Charging appliances for rechargeable equipment; Computer hardware, namely, wireless network extenders;
`Computer hardware, namely, wireless network repeaters; Computer peripherals; Connection cables; Consumer electronic products, namely,
`audio amplifiers, audio speakers, audio receivers, electrical audio and speaker cables and connectors, audio decoders, video decoders,
`speakers, power conversion devices, power converters, and power inverters; Digital cameras; Downloadable ring tones, graphics and music via
`a global computer network and wireless devices; Hands-free kits for phones; Home theater systems comprising DVD players, audio amplifiers,
`audio speakers ; Keyboards for mobile phones; Loud speakers; Multimedia projectors; Network routers; Protective cases for audio equipment
`in the nature of speakers, headphones, audio mixer; Protective covers and cases for tablet computers; Public address (PA) and sound system
`accessories, namely, microphone stands, speaker stands, microphone cables, speaker cables, speaker boxes and sound mixers; Robots for
`personal or hobby use; Slide projectors; Sound projectors and amplifiers; Stands adapted for stereos and audio speakers; TV monitors; Wave
`reflectors for acoustic speakers, lighting apparatus, and air flow devices; Wireless adapters for computers; Wireless cellular phone headsets;
`Wireless indoor and outdoor speakers; Audio speakers; Bass speakers; Electrical plugs and sockets; Electronic equipment, namely,
`transformers, baluns, and cables, all used in connection with computers, computer peripheral devices, televisions, audio-video equipment,
`closed-circuit TV equipment and telecommunication equipment Reg. No. 4862201 Reg. Date Dec. 01, 2015 Techko Maid Inc. (Corporation,
`California) Class 7: Dust filters and bags for vacuum cleaners; electric floor polishing machines and apparatus; electric vacuum cleaners;
`electric vacuum cleaners and their components; floor buffers; floor cleaning machines; floor polishers; floor polishing machines; floor
`scrubbing machines; floor washing machines; pads for floor polishing machines; robotic vacuum cleaners Reg. No. 5539035 Reg. Date Aug.
`14, 2018 Shenzhen FCY Technologies Co., Ltd. (Limited Liability Company, China) Class 7: Carpet cleaning machines; Cleaning appliances
`utilizing steam; Dust exhausting installations for cleaning purposes; Dust removing installations for cleaning purposes; Parquet wax-polishers,
`electric; Vacuum cleaner attachments for disseminating perfumes and disinfectants; Vacuum cleaners; Wet-cleaning washing machines; Dry-
`cleaning machines; Electric wax-polishing machines for household purposes; Washing machines for household purposes Reg. No. 5122019
`Reg. Date Jan. 17, 2017 Jerry Liu (Individual, China) Class 28: Amusement game machines; Electronic interactive board games for use with
`external monitor; Battery operated action toys; Playing card shuffling machines; Outdoor activity game equipment sold as a unit comprising
`sports balls for playing games; Body-building apparatus; Electronic targets for games and sports; Exercise equipment, namely, rowing
`machines; Play swimming pools; Rods for fishing; Twirling batons; Toy vehicles; Toy models; Ball pitching machines Reg. No. 4577142 Reg.
`Date Jul. 29, 2014 SILVERLIT LIMITED (Limited Liability Company, Hong Kong) Class 28: Toys, games and playthings, namely, toy action
`figures; toy robots; attachable toy figurines; manipulative toys; action skill games; robot's dress up accessories, namely, toy armors, toy boxing
`gloves, toy shin guard, toy elbow pads for play; game apparatus and accessories for playing fighting and boxing-like games, namely, fighting
`stages, control bases, stage rings, speakers, LEDs and handle units; lever action toys; hand held electronic game units adapted for use with an
`external display screen; playing pieces in the nature of miniature action figures and toy robots for use with table top battle games in the nature
`of battle; battle themed tabletop battle games in the nature of battle and related accessories sold as units; children's multiple activity toys;
`electronic action toys; apparatus for electronic fighting games other than those adapted for use with an external display screen or monitor;
`punching toys; toy, namely, battery-powered table top game with LCD screen which features animation and sound effects; battery-operated
`action toys; electronically-operated action toys; motorized, infrared, remote and radio-controlled toy robots; playsets and carrying cases for toy
`robots Reg. No. 4938314 Reg. Date Apr. 12, 2016 Nobotgames, Inc. (Corporation, California) Class 9: Computer game software; video game
`software; computer game programs; interactive video game programs; downloadable electronic game programs in the nature of digital casino
`games and digital poker games; downloadable mobile applications for playing games on mobile phones, smartphones and mobile computers;
`computer software for playing games for use on personal computers, wireless devices, portable and handheld electronic communications
`devices; semi-conductor memory units containing video games Class 41: Providing on-line casino games and gaming services; entertainment
`services, namely, providing an on- line portal featuring video and electronic game content; providing an Internet website portal featuring links
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`to on- line computer games; providing an Internet website portal featuring links to casino games and poker games; multimedia entertainment
`services, namely, production of video and electronic game software; on-line journals, namely, blogs featuring information about games and
`gaming; providing entertainment information and providing an on-line computer database in the field of electronic games; on-line electronic
`publishing of newsletters, magazines and books; entertainment services, namely, providing an on-line electronic game that may be accessed by
`network via mobile phones and Internet; providing information about digital casino games; providing information about digital poker games
`As the above examples make clear, in the extremely crowded field of BOT marks in class 25, each mark has only narrow rights as to its
`specific form. In some cases, even overlapping spellings are shared between different parties. Taking just a few examples from above, and
`XEEBOT coexist as to computers and computer software, despite both marks beginning with the infrequently used (and therefore arguably
`more distinctive) letter X; sound-alike marks BOE-BOT and BYO-BOT coexist for robots and robotic goods; T-BOT and coexist for robots;
`three different BIOBOT marks coexist along with a BIOROBOT mark (with three of the group being for goods in a similar field); QBOT and
`Q-BOT coexist; as well as a number of marks that differ only by the first letter and rhyme with ZOBOT, including , VOBOT, , GOBOT, , and
`NOBOT, among others. The above examples are only a non-exhaustive listing, but are more than sufficient to demonstrate how even identical
`marks in use in the same field (such as the BIOBOT/BIOROBOT marks), or marks that differ verbally by only one letter and are registered for
`similar types of goods (such as T-BOT and ), or marks that use a different letter before ?OBOT to rhyme with ?robot? (such as BOBOT,
`VOBOT, KOBOT, GOBOT, DOBOT, NOBOT, and the cited ZOBOT mark) all coexist on the registry, often for overlapping goods. In this
`crowded field, each registrant is extremely weak in its ability to prevent use by others in the crowd. See, e.g., Miss World (UK) Lt