Digital goods, namely, CDs, downloadable digital files featuring musical sound recordings; downloadable videos featuring musical sound recordings; downloadable digital files featuring animation

In correlation to the following - The marks convey similar commercial impressions in that ZAMBONIE in the applied-for mark is likely to be pronounced in a highly similar, if not identical manner, as the word ZAMBONI in the registered mark. The addition of the word SPACE to the applied-for mark does not avoid confusion. Because the goods are potentially identical and similar, they are likely to be encountered by the same class of potential consumers. Consumers who encounter similar marks for identical, similar or related goods are likely to be confused as to their source. Thus, registration is refused pursuant to Section 2(d) of the Trademark Act. __________________________________________________________________________________________ The term "ZAMBONIE" has no relation, nor does it display any similarity to the ZAMBONI company or brand. The term "ZAMBONIE" is never used alone in terms of the brand. The term is only ever used as a whole. The name together does not signify outerspace and the ice maker. Space Zambonie as a brand is related to gaming, gaming videos, and merchandise in relation to the brand. The term is a breakdown of the two people involved in the brand. The online identification of the two being "ChickenZambonie" and "LumpySpaceKing" combined the term "SpaceZambonie" is created. The two don't have a similar audience, customer base, or potential customer. SpaceZambonie is used in conjuction to playing video games, e-sports, comedy animations. Merchandise will include controllers, gaming icons, the two gamers who are associated with the name and more. The "Space Zambonie" in relation to the brand does not have any significance, and is never used in a separate form. The term should be one combined term SpaceZambonie to signify the appearance of the two individuals. Where the mark "Zamboni" in referencne to the ice resurfacer is a vehicle or hand-pushed device used to clean and smooth the surface of a sheet of ice.. The mark "SpaceZambonie" will be in reference to the two gaming partners. The merchadise, web videos, record label, and more will be in relation to gaming and the two player's gaming backgrounds. With hats goods and any other merchandise being in relation to the two creators. As the brand has been used thus far, there has not yet been any confusion between the two. While the following exist ____________________________________________________________________________________________ U.S. Registration No. 1225136 - ZAMBONI for "Clothing-Namely, Shirts, Hats and Caps" U.S. Registration No. 2907648 - ZAMBONI for "CLOTHING AND HEADGEAR, NAMELY HATS AND CAPS, SHIRTS AND T-SHIRTS, SWEATSHIRTS AND SWEATERS" U.S. Registration No. 4760253 - ZAMBONI for "Batteries for vehicles; Battery charge devices; Battery packs; Computer game software; Computer game software for use on mobile and cellular phones; Electronic books featuring ice resurfacing equipment manuals recorded on computer media; Electronic database in the field of ice resurfacing machines recorded on computer media; Interactive game programs ___________________________________________________________________________________________ The term as a whole and used together will be used to signify the players and the combined team. Never in reference or interacting with anyway to the Zamboni brand. Never in relation to ice, hockey, sports, skating rinks, and exc. The combined term, signifying the two individuals involved in the gaming videos and brand, is used in conjunction with the video game controller background to never cause confusion with the "Zamboni" brand. In this case, the applied-for mark is SPACE ZAMBONIE for "clothing, web design, digital goods, record label, internet videos, animations, web-series, events". The registered marks are as follows: ______________________________________________________________________________________ The identification of goods and services is indefinite and must be clarified because the nature of the goods is unclear. Specifically: Clothing - must specify the types of clothing digital goods - must specify the types of goods record label - must identify a service rendered by the record label internet videos - must clarify whether this identifies goods (e.g., downloadable videos) or services (providing online non-downloadable videos) and specify the subject matter or content of the videos animations - must clarify what "animations" identifies (e.g., downloadable videos, downloadable digital files featuring animation) web-series - must clarify type of series (e.g., ongoing webisodes) and indicate the subject matter of the episodes events - must identify a service relating to events and clarify the types of events ________________________________________________________________________________ All goods and services are in correlation to comedy, and the two creators. Clothing - beanies, leggings, shirts, socks, shoes, jackets, sweaters digital goods - cartoons, digital comics, tickets, video games record label - produces songs and music internet videos - Videos packaged for users as downloadble or a video service for those who want continuous access to the videos. Free online internet videos. Subject matter - gaming, video games, playing video games, creating video games, creating animations. Animations based on the actions of the two creators. Ongoing gaming episodes, on-going comedy videos. events - gaming events and tournaments