Examples of Refusals for Likelihood of Confusion under Section 2(d)

( Affirmed TTAB decisions) include:

Mark Applied For [goods or services]

Registered Mark Cited As Being Likely To Be Confused [goods or services]

FERREX [vitamin and mineral supplements

FERREX 18 [iron ingredient sold as an integral component of a vitamin supplement]

MAJOR MOJO [athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms}

MOJO [clothing, namely, hats, shorts, tee-shirts, sweat shirts, jackets, coats, socks and infantwear]

MEDISLIM [medically supervised weight loss and weight reduction program for patients]

MEDSLIM  MEDICALLY PRESCRIBED WEIGHT CONTROL RX (and design) [clinic services for weight reduction, diet planning and supervision]

Design of musical note [Computer software for use in reviewing, storing, organizing, and playing pre-recorded audio content, sold as a feature of handheld mobile digital electronic devices comprised of digital audio]

(Apple Inc.)

(Apple Inc.)

 and video players, handheld computers, personal digital assistants, and electronic personal organizers]

Design of musical note [providing temporary use of nondownloadable software for adding music and video profiles on the internet, for listening to MP3’s and for sharing MP3’s and music playlists with others]

KARMA KASH [coupons]

KARMA COUPON [coupon books; coupons

MAXCL [fraternal services, namely, life insurance underwriting]

MAX [underwriting of property and casualty insurance] MAX and design [underwriting of property and casualty insurance

RADIANCE BY DIAMOND FASCINATION [jewelry, namely, wedding bands, rings, bracelets, pendants, earrings, necklaces, brooches and pins composed of, in whole or in part, diamonds]

RADIANCE [a wide variety of jewelry made from many different metals, gemstones, including diamond jewelry; various jewelry findings and parts; precious metals; gemstones and synthetic stones, including cut diamonds and synthetic diamonds; watches and clocks]

RESISTANCE [tops, shirts, blouses, t-shirts, sweat shirts, sports jerseys, sweaters, bottoms, trousers, pants, sweat pants, shorts, jackets, coats, overcoats, pullovers, jumpers, dresses, skirts, beachwear, swimsuits, underwear, lingerie, headwear, hats, caps, beanies, visors, ties, socks, belts, gloves, scarves and wristbands]

RESISTANCEWEAR (and design) [hats, shirts, jackets, vests, sweatpants, sweatshirts, shorts, sport bras, socks]

LORO PIANA PECORA NERA [High-end designer clothing made from the wool of dark-colored and black sheep, namely, jackets, coats, skirts, trousers, cloaks, mantles, overcoats, vests, scarves, mufflers, shawls and gloves, footwear, headwear]

Translation:  The foreign wording in the mark translates into English as "black sheep".

BLACK SHEEP [hunting jackets, shirts pants, coats, vests, camouflage clothing, chaps, underwear, coveralls, and caps] [Hats; Suspenders; Utility Belts; Sportsman's Booties; Insulated Hoods]

HYFINS [selling, specifically, note brokerage services for notes, the proceeds of which are used to finance loans made to fund insurance premium payments; servicing notes, the proceeds of which are used to finance loans made to fund insurance premium payments; providing an investment option, namely, a note, the proceeds of which are used to finance loans made to fund insurance premium payments]

HYPHEN PARTNERS L.P. and HYPHEN MANAGEMENT LLC (both for) [investment management and investment fund services]

PERFECT TEMP [heating, cooking, warming, and steam generating apparatus and appliances, namely electric portable warming ovens and portable warming drawers]

PERFECT TEMP (and design) [food storage, rethermalization and distribution systems comprised of electrical circuit breakers, controllers, display monitors, and thermalization carts and cabinets] [thermalization carts and cabinets comprised of electrical circuit breakers, controllers, display monitors for food storage, rethermalization and distribution systems]

ANDERSON SERVICE FOR HOME & BUSINESS (and design) [installation, maintenance, service and repair of heating and air conditioning systems and of plumbing and electrical systems]

ANDERSEN [installation, maintenance and repair of heating systems and air conditioning systems] [electrical and plumbing construction and repair services; household appliance repair]

FILINI [wine]

FELLINE [wines]

KISS KISS BY INTERNATIONAL INTIMATES INC. [clothing and apparel, namely, undergarments, lingerie and ]

QISS QISS [bras, bustiers, robes, slips, boxer briefs, boxer shorts, lingerie, loungewear, sleepwear and underwear]

CELLULIFE [dietary and nutritional supplements; dietary supplements for human consumption; nutraceuticals for use as a dietary supplement]

CELLLIFE [vitamins, minerals and dietary food supplements]

SUNSATIONS (and design) [eyewear; straps, neck cords and head straps which restrain eyewear from movement on a wearer, and eyewear cases, sold only in optical specialty stores]

SUNSATIONS (two registrations by same owner; one stylized) [retail store services featuring sunglasses, optical cloths and cords, t-shirts, sweatshirts and shorts]

KITTY NIBBLES [cat treats]

KITTEN LI’L NIBBLES (and design) [cat food and cat treats]

UNITEC [Metal reinforcement bars and their metal connectors used in concrete construction and in ground engineering, namely, mechanical splices for concrete reinforcement bars, tension bars and rods, soil nails, rock bolts, reservation tubes for sonic testing, all made of metal]  

UNITEX (and design) and UNITEX (stylized) [anchoring material of metal; metal gripping buckles for pulling bands] [safety restraints and equipment] [ropes, cables, bands for handling loads] [industrial textiles for ropes, bands, straps] [import and export of numerous items (see above); business organization management and economics consulting]

PINNACLE STYLE WITH SUBSTANCE (and design) [hot pots and casseroles]  

PINNACLE [bakeware]

SEDOMLS [asset management services, namely, auctioning, liquidating and remarketing of domain names of others] [brokerage and escrow services for the purchase and sale of domain names, websites and Internet based businesses]  

MLS [consulting and appraisal services in the field of registration, purchase and sale of online businesses, domain names, and/or toll free telephone numbers] [brokerage and escrow services in the field of registration, purchase and sale of domain names, online businesses, and/or toll free telephone numbers]

CATCHFIRE MEDIA [business consulting and information services, namely, comprehensive social media strategy consultation, monitoring, analysis and support]  

CATCHFIRE [advertising agency services; creating corporate and brand identities, brochures, advertisements, annual reports, publications, mailings and websites]

HAWK RACING (stylized) [bicycle wheels of carbon or alloy, hubs and bottom brackets, bearings, forks, seat posts, and crank sets]  

HAWK BIKES, HAWK (and design) and HAWK (stylized) [all for: bicycles and parts thereof, bells, air pumps, panniers, baskets, seats, gears, all for bicycles]

ANGELIQUE EURO CAFÉ [restaurant and bar services]  

EURO CAFÉ [restaurant services]

AIMS [educational publications, namely, elementary school, middle school and secondary school level workshop handouts, activity books, and magazine in the fields of math and science] and [educational services, namely, conducting classes, workshops, and presentations in various formats in the fields of math and science, and distribution of course material in connection therewith]  

A.I.M. SOLUTION [printed seminar notes] [Arranging of seminars and conferences; Conducting workshops and seminars in the field of education; Education services, namely providing classes, seminars, workshops, tutoring, and mentoring in the field of middle and high school reform, and conducting seminars, workshops, tutoring and mentoring in the field of K-12 and higher education, and distributing course material therewith; Meeting and seminar arranging; Workshops and seminars in the field of K-12 and higher education]

EZ-MATE [fiber optic connectors]

 EASYMATE [electrical and electronic connectors]

ENCHANTED PRINCESS [board games; collectable toy figures; molded toy figures; parlour games; plastic character toys; positionable toy figures; soft sculpture toys; talking toys]

 DISENCHANTED PRINCESS [stuffed dolls, stuffed toys, and plush toys]

NOURISH KIDS [frozen, prepared or packaged meals consisting primarily of meat, fish, poultry, vegetables, processed fruit, and cheese and cracker combinations; food package combinations consisting primarily of dairy-based snack foods excluding ice cream, ice milk and frozen yogurt; yogurt drinks] [frozen, prepared or packaged meals consisting primarily of pasta or rice; food package combinations consisting primarily of bread, crackers and/or cookies; snack mix consisting primarily of crackers, pretzels, candied nuts and/or popped popcorn]  

NOURISH (two registrations by same entity) [entrees and snacks of meat, fish and poultry, eggs, milk and various milk products, dried and cooked fruits and vegetables, jellies, sauces, snack dips and soups; protein based nutrient-dense snack bars] [milkshakes and puddings used in weight management, entrees, snacks and various desserts, including food and dessert bars, and various beverages with a coffee, tea or cocoa base]  

Examples of Refusals That Were REVERSED: No Likelihood of Confusion under Section 2(d)

( REVERSED TTAB decisions) include:

PERFUME PARIS (and design) [retail store services featuring perfumes

PARIS PERFUMES (and design) [distributorship services in the field of perfumes

WINDLINX [providing customers conducting wind measurement operations utilizing meteorological towers with a web-based system and online portal to remotely manage and monitor their wireless accounts associated with each specific wind measurement communications device (Class 35)] [providing customers conducting wind measurement operations utilizing meteorological towers with a web-based system and online portal to remotely manage their communications devices in connection with their wind measurement equipment (Class 42)]

WINDLINK [power, data and telecommunications cables for equipping wind turbines]

BEREAN COMMUNICATION (and design) [writing of texts]  

BEREAN CHURCH OF GOD INTERNATIONAL and THE BEREAN CHURCH OF GOD INTERNATIONAL (and design) [providing newsletters via a global computer network in the fields of Christianity, religion, theology, spirituality, and ethics]

PARK LANE [leather and imitation leather bags and handbags] [articles of clothing for men, women and children, namely tops, bottoms and jackets; footwear; belts]

 PARK AVENUE [women’s hosiery and footwear]

CSI (and design) [vehicle body repair services]  

CSI [repair and maintenance of gas engines, gas compression equipment, electronic ignition, control equipment, lubrication and emission control equipment]

GREEN BANCORP, INC. and GREEN BANK (both for) [banking, namely, depository services, namely, accepting FDIC-insured deposits and providing deposit accounts]

 GREEN CHECKING [retail and commercial banking services, in the nature of a checking account] and GREEN SAVINGS [retail and commercial banking services, in the nature of a savings account] (both by the same party); and GREEN BRANCH [financial services, namely, banking services featuring checking, savings and investment account services

SKIN NUTRITION [hand and body soaps, skin cleansers, toners, hand creams and moisturizers, body lotions and creams, cosmetics, namely facial moisturizers, toners, facial cleansers, skin treatments, namely, non-medicated skin care preparations, facial masks, eye creams, facial serums, exfoliating facial scrubs]  

NATURE’S SKIN NUTRITION [hand and body soaps, skin cleansers, toners, hand creams and moisturizers, body lotions and conditioners, skin creams, lotions and moisturizers; facial moisturizers, toners, cleansers; non-medicated skin care preparations; eye creams; soaps, non-medicated hair care preparations; hair styling preparations, shampoos and conditioners] NUTRIMAX SKIN NUTITION [non-medicated skin care preparations]  

LES COLLINES [vineyard and winery services, namely, the cultivation of grapes for others; viticulture services, namely, grape growing and cultivation of grapes for others]

 HILLS VINEYARD [vineyard and winery services, namely the cultivation of grapes for others]

BOOKRIFF [electronic publications, namely, fiction and non-fiction books featuring a variety of topics for use by purchasers in the field of self book publishing; book publishing, custom books publishing and online publishing of books; providing a web site featuring on-line publications in the nature of fiction and non-fiction books on a variety of topics; providing a web-based system and online portal featuring online downloadable and non-downloadable software tools that enables users to access written and visual materials for building books online, to create, share and print custom books, and to make available their own written and visual materials for other users to purchase and use in building custom books]

 RIF [Newsletters dealing with reading] CLUB RIF [publications, namely, books, guides and lesson plans for use in conducting comprehensive reading and literacy programs which pair teens as mentors with younger children] [educational services, namely, conducting comprehensive reading and literacy programs which pair teens as mentors with younger children]


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Opposition Pleadings    UDRP Elements    

Oppositions-The Underdog    Misc Changes to TTAB Rules 2017

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Published for Opposition     What is Discoverable in a TTAB Proceeding?

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