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It Don't Come Easy: TTAB Affirms 2(d) Refusal of "RINGO" for Clothing

Ex-Beatles drummer Ringo Starr paid his dues (the appeal fee) and sang the blues, as the TTAB affirmed a Section 2(d) refusal to register his mark RINGO for various clothing items "all depicting the name and image of a famous entertainer." Despite that limitation and despite the fame of Ringo, the Board found his mark likely to cause confusion with the identical mark registered for men's, women's, and children's clothing. In re Richard Starkey aka Ringo Starr, Serial No. 78821116 (January 27, 2009) [not precedential].The Board took judicial notice that Applicant is a "famous entertainer who performs under the stage name 'Ringo Starr.'" But that proved to be little help from his friends.Applicant's counsel argued that the express limitation in the application stating that the goods depict "the name and image of a famous entertainer" served to distinguish the goods and the channels of trade, but the Board heard the beat of a different drummer...continue to full post

Full post as published by The TTABlog on February 18, 2009 (boomark / email).