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Affirming 2(d) Refusal of "17" for Clothing, TTAB Rejects Attempt to Limit Goods in Cited Registration

On this, the 17th of September, the lesson is a basic one: the Board will not read into a cited registration, limitations on the goods or services based upon real world evidence. That's why this decision is a candidate for our WYHA (Would you have appealed) collection of cases. Despite Applicant's attempt to limit the cited goods, the Board affirmed a Section 2(d) refusal to register the mark 17 in the Stylized form shown here, for various clothing items, including shirts,"related to the field of professional automobile racing," finding the mark likely to cause confusion with the registered mark SEVENTEEN for "shirts." In re Roush Fenway Racing, LLC, Serial No. 75932713 (September 3, 2008) [not precedential].Applicant lamely argued that its goods are marketed to "middle-aged male race fans," while Registrants shirts are aimed at "teenage girls interested in fashion...continue to full post

Full post as published by The TTABlog on September 17, 2008 (boomark / email).