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TTAB Finds "OLD TIMER" and "OLD TIMERS' HOCKEY CHALLENGE" for Clothing Too Dissimilar, Reverses 2(d) Refusal

By John L. Welch

Old Timers games are usually slow, dragged-out affairs, but that's not the case if Judge Grendel is the referee. His six-page decision brought a quick and successful conclusion to the appeal of Taylor Brands from the PTO's Section 2(d) refusal of the mark OLD TIMER for various outdoor apparel items. The Board found the mark not confusingly similar to the mark shown immediately below, registered for various clothing items. In re Taylor Brands, LLC, Serial No. 78565933 (December 17, 2007) [not precedential].The Board began its analysis with the second du Pont factor: the similarity of the goods. It didn't take long to find the goods identical in part, and otherwise closely related (except, perhaps, for Applicant's fishing waders).Moreover, the Board presumed (as it must) that the goods move in the same, normal trade channels of trade to the same, normal classes of purchasers...continue to full post

Full post as published by The TTABlog on January 18, 2008 (boomark / email).