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TTAB Finds "FERROLABS" and "FERRO TEC" for Ferrofluidic Fluids Not Confusingly Similar

Despite an overlap of goods, channels of trade, and classes of customers, the Board dismissed an opposition to registration of the mark FERROLABS & Design for ferrofluids and related goods, finding it so dissimilar from the registered marks FERRO TEC & Design , FERROSOUND, FERRODRIVE, and FERROFLUIDIC for ferrofluids, that confusion is not likely. Ferrotec (USA) Corporation and Ferrotec Corporation v. Ferro Labs, Inc., Opposition No. 91174110 (January 29, 2009) [not precedential].The Board first rejected Opposers' claim to ownership of a family of FERRO marks, for two reasons: (1) the supposed "family feature," FERRO, is descriptive of ferrofluids and related products and thus cannot support a "family," and (2) Opposers failed to prove that the four registered FERRO-formative marks have been widely used and promoted together so as to create "public recognition coupled with an association of common origin predicated on the term FERRO...continue to full post

Full post as published by The TTABlog on February 10, 2009 (boomark / email).