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TTABlog WYHA: Would You Have Appealed This 2(d) Refusal?

Our latest WYHA case involves an application to register the mark GIO for "metal hardware, namely knobs and pulls for kitchen and bath cabinetry." Examining Attorney Melvin T. Axelbund refused registration on the ground that the mark is likely to cause confusion with the registered mark GEO & Design for "metal door hardware, namely, locksets, leversets, deadbolts, handlesets, locks, padlocks, knobs, levers, handles, keys and key blanks." Applicant appealed. Would you have? In re Liberty Hardware Mfg. Corp., Serial No. 77141148 (May 22, 2009) [not precedential].The Board found that the marks would be pronounced similarly, if not identically, and look similar "in spite of the keyhole design inasmuch as applicant's mark can be displayed with the same general style of letters as registrant's...continue to full post

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