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Precedential No. 36: "MTOWN CLOTHING" and "MOTOWN" Confusingly Similar for Clothing, Croons TTAB

Perhaps Applicant Charles O'Rourke cried "the tears of a clown" when the TTAB sustained this Section 2(d) opposition to his application to register the mark MOTOWN CLOTHING & Design for clothing [CLOTHING disclaimed]. The Board found confusion likely with the mark MOTOWN, registered for musical recordings and previously used for clothing. UMG Recordings, Inc., substituted for Universal Music Group v. Charles O?Rourke, Opposition No. 91178937 (August 27, 2009) [precedential].Post-Trial Registration Inadmissible The Board first dealt with a procedural issue (one that probably led to the Board's deeming this otherwise straightforward case as precedential) regarding Opposer UMG's belatedly-issued registration for the mark MOTOWN for various clothing items...continue to full post

Full post as published by The TTABlog on August 31, 2009 (boomark / email).