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Teenie Weenie Wins Split Decision Over Paddington in TTAB 2(d) Battle-of-the-Bear-Designs

In last week's action, the TTAB refereed a Section 2(d) tussle involving an application to register the mark Teenie Weenie Bear & Design (shown below left) for certain paper products (class 16) and various clothing items. A divided Board panel found Applicant's mark not likely to cause confusion with the "Paddington Bear character mark" (which the Board deemed to be represented by the two-dimensional depiction having a floppy hat and duffel coat, shown below right) for related goods in class 16 and for overlapping clothing items. Paddington & Company, Ltd. v. Lead Co., Ltd., (May 29, 2009) [not precedential].Opposer Paddington claimed that its Paddington Bear character mark is famous, but the Board found that the proofs fell short. Although Opposer established that the Paddington Bear books and merchandise have received a "high degree of recognition," Paddington failed to provide any evidence regarding advertising expenditures for merchandise offered under the mark, and it failed to show what portion of the $92 million in retail sales was attributable to the character mark as opposed to the marks PADDINGTON BEAR and/or PB...continue to full post

Full post as published by The TTABlog on June 02, 2009 (boomark / email).