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Precedential No. 25: "VANTAGE TITAN" and "TITAN" Confusingly Similar for Related Medical Devices, Says TTAB

The Board played "Whac-A-Mole" with Applicant Toshiba's several arguments as it affirmed the PTO's Section 2(d) refusal to register the mark VANTAGE TITAN for "medical magnetic resonance imaging diagnostic apparatus, namely, MRI diagnostic apparatus." Despite the sophistication of the purchasers, the differences in the marks and the goods, and the distinctiveness of the word VANTAGE, the Board found the mark likely to cause confusion with the registered mark TITAN for "medical diagnostic apparatus, namely, medical ultrasound device." In re Toshiba Medical Systems Corporation, Serial No. 79046106 (June 18, 2009) [precedential].The Marks: Toshiba argued that, while addition of a house mark to someone else's registered mark does not avoid likely confusion, the term VANTAGE is not a house mark but a product mark used in two other Toshiba marks...continue to full post

Full post as published by The TTABlog on June 29, 2009 (boomark / email).