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TTAB Reverses 2(d) Refusal of "QUAANTUM" for Trailer Suspension Systems Over "QUANTUM" for Tires

Because the PTO failed to establish that the goods are related for Section 2(d) purposes, and because the relevant purchasers will exercise a high degree of care, the Board reversed a refusal to register the mark QUAANTUM for "trailer suspension systems, incorporating wheel end systems," finding it not likely to cause confusion with the registered mark QUANTUM for tires. In re The Boler Company, Serial No. 77059048 (February 17, 2009) [not precedential].The Board found the marks at issue to be "virtually indistinguishable." The decision consequently hinged on the similarity or dissimilarity of the goods. Applicant Boler argued that it sells suspension systems for tractor trailers, but the Board once again pointed out that the Section 2(d) determination is based upon the goods as identified in the application and cited registration, regardless of what the record may reveal the actual goods to be...continue to full post

Full post as published by The TTABlog on February 23, 2009 (boomark / email).