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TTABlog Test: Is HERITAGE SOUTHEAST BANK Confusable With SOUTHEAST BANK (Stylized), for Banking Services?

The USPTO refused to register the mark HERITAGE SOUTHEAST BANK [BANK disclaimed], on the ground of likelihood of confusion with the mark SOUTHEAST BANK in the stylized form shown immediately below, both for banking services. As we know, when the services are identical, less similarity between the marks is required to support a Section 2(d) refusal. But how strong is "SOUTHEAST" as a formative? How do you think this came out? In re Heritage Bank, Serial No. 88540253 (September 9, 2020) [not precedential] (Opinion by Judge Frances S. Wolfson). In an effort to show the weakness of "SOUTHEAST," Applicant submitted search results from the Federal Deposit Insurance Corporation (FDIC), for "institutions as of January 22, 2020," listing six banks: SouthEast Bank (Registrant); Heritage Southeast Bank (Applicant); Southeastern Bank (of Georgia); FIRST STATE BANK OF THE SOUTHEAST, INC...continue to full post

Full post as published by The TTABlog on September 11, 2020 (boomark / email).