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Finding Safety Goggles and Binoculars Related, TTAB Affirms 2(d) Refusal of "SEAHAWK"

Third-party registrations and website evidence convinced the Board that Applicant's safety eyewear and goggles are related to binoculars for Section 2(d) purposes, leading to an affirmance of the PTO's refusal to register the mark SEAHAWK for the former in view of the identical mark registered for the latter. In re Cabot Safety Intermediate Corporation, Serial No. 78903884 (January 12, 2009) [not precedential].Because the marks are identical, the Board found that the first du Pont factor weighed "heavily in favor of a finding of likelihood of confusion." The real focus of the Board's attention was, of course, the relatedness of the goods.Examining Attorney Michael A. Wiener submitted more that a dozen third-party registrations that included both binoculars and safety goggles or protective eyewear...continue to full post

Full post as published by The TTABlog on January 30, 2009 (boomark / email).