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TTAB Dismisses HOT POCKETS 2(d) Opposition Due to Weakness of POCKETS Formative

The Board dismissed this Section 2(d) opposition to registration of PF POCKET FOODS CORPORATION & Design for pocket sandwiches [POCKET FOODS CORPORATION disclaimed], finding it not likely to cause confusion with with the marks HOT POCKETS and LEAN POCKETS for frozen stuffed sandwiches. The Board observed that "the one point of similarity, at a minimum, is highly suggestive of the goods such that the marks are not confusingly similar." Nestle Prepared Foods Company v.V&V Enterprises Incorporated, Opposition No. 91167465 (March 10, 2011) [not precedential].Applicant filed its brief five days late, mistakenly relying on the five-extra-days-mail-service rule (2.119(c)), which does not apply when the due date is set by Board order. Nonetheless, the Board accepted the brief, finding no bad faith and no evidence of prejudice to Nestle from the delay...continue to full post

Full post as published by The TTABlog on March 14, 2011 (boomark / email).