Audi AG which filed a Trademark Application for the mark, “E-TRON” for its super electric car has received an Office Action Letter from the United States Patent and Trademark Office. The Examining Attorney at the USPTO has refused registration of the mark of application 77923333 because of Section 2(d).
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.
Here the applicant’s mark (Audi’s mark E-TRON) and registrant’s marks consist entirely of the same text: E-TRON. The marks have the same sound, appearance and meaning and create the same commercial impression.
In addition to that the registered mark is E-TRON for, in relevant part, “battery cables and terminals; electronic control modules, magnetic pickups, voltage regulators, and ballast resistors.” Audi’s mark is E-TRON for, in relevant part, “electric motor vehicle batteries, power electronics, battery management, engine control units, charge contact connectors, [and] charging cables.”
If Audi does not reply soon enough to this second office action refusal the International Class of Goods Class 9 would be struck off leaving only classes 12 and 28 that only relate to cars or automobiles and have nothing to do with electric vehicles.