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Snack on This: TTAB Sustains 2(d) Opposition to MYCHEW over HI-CHEW for Candy

The Board didn't waste much time on the substantive issues in sustaining a Section 2(d) opposition to registration of the mark MYCHEW in the stylized form shown below, for candy, finding it likely to cause confusion with the registered mark HI-CHEW in stylized form, also for candy. The Board recognized that "chew" is a weak formative for candy, but it concluded that the marks as a whole are substantially similar.Various procedural issues took up the first half of the 20-page decision. Morinaga & Co., Ltd. v. Crown Confectionary, Co., Ltd., Opposition No. 91171726 (February 17, 2011) [not precedential]."International Comity": Applicant asserted in its answer that "international comity" required the Board to recognize certain foreign registrability decisions favoring Applicant over Opposer...continue to full post

Full post as published by The TTABlog on February 23, 2011 (boomark / email).