I publish "BIOPHARMA: Biopharmaceuticals in the U.S. Market," a
reference book, database and Web site (www.biopharma.com) concerning
biopharmaceutical products. I have applied for BIOPHARMA as a U.S.
trademark in the area of books, databases, Web sites, etc. concerning
biopharmaceutical products.
I have received an office action refusing registration on the basis that
BIOPHARMA is likely to cause confusion, be mistaken or deceive in
relation to BIOPHARM, a granted trademark used as the title of a monthly
periodical dealing with biophamaceuticals published by Advanstar (Reg.
no. 2161099)
These two marks are obviously similar in sound, meaning, commercial
impression, etc. However, comparably similar trademarks, e.g., with one
letter difference, appear to be rather common, even in the same
fields/industries.
Can anyone get me started in terms of what argument(s) and case law I
can offer to support my application?
Thank you.
Ronald A. Rader
President
Biotechnology Information Institute
1700 Rockville Pike, Suite 400
Rockville, MD 20852
Phone: 301-424-0255
Fax: 301-424-0257
E-mail: biotech@biopharma.com
Web sites: www.biopharma.com; www.bioinfo.com
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