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"BIG O TIRES" TTAB Challenge to "BIGG WHEELS" for Automobile Wheels Goes Flat

Although the Board found the BIG O TIRES mark to be inherently distinctive and strong for vehicle tires and related services, and indeed possessed of "niche market fame" in the Midwest and west of the Mississippi, it dismissed an opposition to the mark BIGG WHEELS for "wheels for automobiles" [WHEELS disclaimed]. The Board found the applied-for mark not likely to cause confusion or to dilute Opposer's mark in light of the dissimilarities between the marks. Big O Tires, LLC v. Wheel Specialties, LTD., Opposition No. 91163791 [not precedential].Big O pleaded ownership of 15 registered mark in its notice of opposition, but the Board limited its analysis to just the closest one: BIG O TIRES for tires, retail tire store services, and related goods and services...continue to full post

Full post as published by The TTABlog on May 04, 2009 (boomark / email).