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Stylized "FRANCO FERRARI" Confusingly Similar to "FERRARI" and "FRANCO FERRARO," Says TTAB, Frankly

Rejecting Applicant's feeble contention that its mark (shown below) is a "distinctive design mark," the Board affirmed the PTO's Section 2(d) refusals to register, finding the mark likely to cause confusion with the registered marks FERRARI and FRANCO FERRARO, all for clothing and/or fabrics in classes 24 and 25. In re Franco Ferrari, S.r.l., Serial No. 76545104 (January 8, 2009) [not precedential].The Board agreed with Examining Attorney John Hwang that Applicant Franco Ferrari, S.r.L. was seeking to register the words FRANCO FERRARI in a stylized font, and that Applicant's mark "is not so extreme or highly stylized that the wording in the mark is unrecognizable or that it is essentially a design mark which conveys a distinct impression separate from the words...continue to full post

Full post as published by The TTABlog on January 27, 2009 (boomark / email).