ATTORNEY DOCKET NO.: ACC-3-TM
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re Application of: Music Express, L.L.C. )
) Trademark Attorney: A. D.
Saunders
Serial No.: 77/669,915 ) Law Office: 109
Filed: 02/13/2009 )
Mark: PRECISION )

ARGUMENTS IN RESPONSE TO OFFICE ACTION

Commissioner for Trademarks
P O Box 1451
Alexandria, VA 22313-1451
Dear Sir:
Identification of Goods
Applicant is amending the identification of goods in class 009 to better clarify the
goods as requested by the Examining Attorney.
Section 2(d) Refusal Likelihood of Confusion
Applicant notes that the Examining Attorney has cited three registrations under a
Section 2(d) refusal. Applicant respectfully clarification of the rejection based upon Reg.
No. 1,771,145 for the mark PRECISION INTERFACE TECHNOLOGY. From a review
of the electronic records available at the US. Patent and Trademark Office, it appears
that this registration should be designated as abandoned for failure to file a renewal
within ten years of the registration date. There is nothing indicated in the electronic files
and we can find no evidence that the mark was renewed or that the required affidavits
of use were ever submitted. Accordingly, it is respectfully submitted that the registration
cited is abandoned and cannot be a basis of rejection.
With respect to Reg. Nos. 3,173,321 and 3,232,473, these registrations have a
common owner and are clearly directed to equipment associated with medical use in an

1
J. Bennett Mullinax, LLC
P O Box 262029
Greenville, SC 29616-1029
(V) 864 987 9696
(F) 864 987 9686
[email protected]
implantable pulse generator. It is respectfully submitted that a device used for
implantation into a patient during a medical procedure is not likely to be confused with
Applicant’s cited goods. The implantable goods set forth in the cited registrations
require FDA approval, are marketed through highly specialized channels of trade to
surgeons and hospitals, and involve a highly sophisticated end purchaser who is
selecting a product that will be inserted into a patient’s body. It is respectfully submitted
that a proper analysis of the DuPont factors suggest that there would be no likelihood of
confusion given the channels of trade, the narrow scope of goods which are limited to
goods associated with the implantable devices, and the great sophistication of the end
user of Registrant’s goods.
Accordingly, Applicant respectfully submits that the cited registrations do not
provide a prima facie case of likelihood of confusion and that Applicant’s mark is
allowable over the registrations.
Applicant does note the potential 2(d) refusal over Application Ser. No.
78/260,472 which does not appear to have been allowed. Applicant reserves the right
to address on the merits any resulting registration that may issue from the pending
application.
Respectfully submitted,
J. BENNETT MULLINAX, LLC

W
J. Bennett Mullinax
Reg. No. 36,221

J. Bennett Mullinax, LLC
P O Box 262029
Greenville, SC 29616-1029
(V) 864 987 9696
(F) 864 987 9686
[email protected]