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Giving Naked Consents Some Weight, TTAB Reverses 2(d) Refusal of "BUHLER & Design"

Can you name two places where naked consents are consequential? Nudist colonies and the TTAB. Applicant Buhler Technologies GmbH trumped a PTO Section 2(d) refusal by submitting naked consents from the owners of the two registrations cited by the Examining Attorney. Although Applicant conceded that the involved marks are essentially identical, the Board bought Applicant's argument that the goods of the parties are not related, and it gave "some weight" to the letters of consent in dubiously finding no likelihood of confusion. In re Buhler Technologies GmbH, Serial No. 79034792 (February 12, 2009) [not precedential].Applicant sought to register the mark first shown above (upper left) for various industrial goods and services in classes 7, 11, and 35...continue to full post

Full post as published by The TTABlog on March 19, 2009 (boomark / email).