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Test Your TTAB Judge-Ability with this Section 2(d) Nut Case

How would you decide this section 2(d) opposition to registration of the marks AUSTINUTS in standard character and design form, for dry roasted nuts, in view of the registered mark AUSTIN, in standard character and design form, for crackers and cookies? The record showed that Applicant sells gift baskets that include nuts, cookies and crackers, and that Opposer's mark is very strong for cookies and crackers. Is this a tough nut to crack? AQFTM, Inc. v. Austinuts, Oppositions Nos. 91166551 and 91166552 (August 6, 2009) [not precedential].The Board didn't think so. It found the parties goods to be snack foods that are related for Section 2(d) purposes, as evidenced by Applicant's own gift baskets. Applicant's claim that its products are "gourmet items" was immaterial, since there was no such limitation in its identification of goods...continue to full post

Full post as published by The TTABlog on August 13, 2009 (boomark / email).