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. …

A non-trademark can prevent the registration of someone else’s trademark.

The Applicant filed for the marks CURVEE and CURVEY and CURVEEY for a variety of clothing items. The TTAB refused registration based on CURVY, also for clothes, but existing on the Supplemental Register, not the Principal Register. At the outset, the TTAB determined that CURVEE and CURVEY and CURVEEY were for all practical purposes equivalent …

A stylized trademark registration for a specific term can provide the same level of protection as a standard word trademark

Applicant applied to register SOLO (in standard characters) for clothing specifically used for activities related to snowmobiles, motorcycles and ATVs.  The TTAB refused to register the SOLO trademark in light of the existence of the following registration for the stylized mark SOLO for clothing not confined to any specific type of use or channel of …

In a “crowded” field for a specific term, usually the addition of a unique term will be sufficient to secure a trademark registration.

Applicant applied to register SNOW BY REPUBLIC for clothing.  The TTAB approved the registration this mark despite the existence of the following trademark registration for similar clothing items: SNÖ In reaching its decision, the TTAB discusses two interesting tenets of trademark law. FIRST.  A “crowded” field is often used to describe a situation where a …

A trademark that falsely suggests products are made of a specific type of material when they are not, can still be trademarked.

Applicant applied to register HYDZ for “apparel not made of…animal hides, namely, sweatpants and sweatshirts for casual wear or for wear during exercise.” The TTAB over turned the Examiner’s refusal and allowed the trademark to be registered. This cases touches on two interesting and related technical trademark issues. FIRST: Descriptive marks cannot be registered without …