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Finding "COTT" and "COtea" For Soft Drinks Too Different, TTAB Dismisses 2(d) Opposition

In a rare victory for a pro se Applicant, the Board dismissed a Section 2(d) opposition to registration of the mark shown below, for "soft drinks flavored with tea," finding the mark not likely to cause confusion with the mark COTT, registered in standard character and stylized form for maltless soft drinks. The Board found the marks "substantially different in appearance, sound, connotation and commercial impression," and in particular saw "no basis ... to conclude that consumers would pronounce applicant?s mark 'as COT-TEA, the phonetic equivalent of COTT Tea.'" Cott Beverages Inc. v. Travis Ryan Barbieri, Opposition No. 91181911 (September 17, 2009) [not precedential].Opposer Cott claimed that its mark is famous, but the proofs fell short...continue to full post

Full post as published by The TTABlog on September 22, 2009 (boomark / email).