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Intellectual Property Law

: The TTABlog

Finding No Cultural Significance for "HONEYSUCKLE ROSE," TTAB Affirms 2(d) Refusal over "HONEYSUCKLE" For Clothing

Rejecting Applicant's contention that its mark HONEYSUCKLE ROSE (slightly stylized) has "cultural significance" that would change its connotation, the Board affirmed a Section 2(d) refusal to register that mark for various clothing items, finding it likely to cause confusion with the mark HONEYSUCKLE & Design (shown below) for clothing. In re Right-On Co., Ltd., Serial No. 79011373 (March 31, 2008) [not precedential].The Board, not surprisingly, found the word HONEYSUCKLE to be the dominant portion of the registered mark. The primary disagreement between Applicant and Examining Attorney Melissa Valillo concerned the connotation and commercial impression of HONEYSUCKLE ROSE.The Examining Attorney contended that the two words "identify separate and distinct types of plants...continue to full post

Full post as published by The TTABlog on April 11, 2008 (boomark / email).

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