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Precedential No. 18: Refusing to Read Limitations into Cited Registration, TTAB Affirms 2(d) Refusal of "WAVE" for Recreational Trailers

In an enervating, albeit precedential, decision, the Board affirmed the PTO's refusal to register the mark WAVE for "recreational vehicles, namely travel trailers and fifth wheel trailers," finding it likely to cause confusion with the registered mark THE WAVE for "trailers, dump trailers, and truck bodies." Applicant Thor Tech argued that, in context, the term "trailers" in registrant's identification of goods must be read to mean "industrial and commercial trailers sold to professional purchasers," but the Board refusing to read any such limitation into the registration. In re Thor Tech, Inc., Serial No. 78634024 (April 22, 2009) [not precedential].Of course, the Board found the marks to be "virtually identical," and it observed for the umpteen hundredth time that as a result a lesser degree of similarity between the involved goods is necessary to support a finding of likely confusion...continue to full post

Full post as published by The TTABlog on May 05, 2009 (boomark / email).