PRACTICE POINTER: Applicant takes off his gloves in fight with Trademark Examiner…and wins.

The absence of hand wear in Applicant’s application combined with the differences in the respective marks convinced the TTAB to rule in favor of the Applicant. Applicant filed for the following HORIZEN-based mark for a variety of clothing items, footwear, headwear, and clothing accessories (“belts, flip flops, hats, jackets, pants, Polo shirts, sandals, shoes, shorts, […]

Third Party Registrations can be Used, or Not Used, by the TTAB

The In re Perlot, LLC case is interesting for a second reason….third party registrations. In a successfully argued “crowded field” scenario, the TTAB will use third party registrations to support a finding that the disputed term, common to the identified third party registrations, is the weak portion of the mark.   On the other hand, […]

Evidence of Actual Confusion can be a One Way Street

The Applicant filed for the following trademark for clothing: The application was denied based on a cited registration, also for clothing, for: Not surprisingly, the TTAB found both marks essentially equivalent to “MOUNTAIN LIFE.”  The design elements were given little weight with the word portions deemed dominant for the purpose of likelihood of confusion. This […]

Company brings a skateboard to a knife fight and wins big.

FIRST PRACTICE POINTER:  Company brings a skateboard to a knife fight and wins big.  If you only sell clothing to a specialized group of consumers, keep your goods description as broad as possible. Opposer, a skateboard company, owned trademark registrations for FALLEN and RISE WITH THE FALLEN, both for a variety of generic clothing items. […]

Fabric from which clothes are made can be related to actual clothing items for the likelihood of confusion analysis.

The Applicant filed for MARSHLAND for FABRIC sold as an integral component of finished clothing items. The TTAB refused registration based on MARSHLANDER for rain coats and other rain resistant clothing items. This decision confirms that a unique relationship exists in the clothing industry between goods used in making a product and the product itself. […]