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Finding Restaurant Services and Sauces Related, TTAB Affirms 2(d) Refusal of "BLACK HORSE"

Finding restaurant services related to Applicant's "sauces, spice blends, dry rubs for meats and fish, marinades, dipping sauces, and glazes for meats and fish," the Board affirmed a Section 2(d) refusal to register the mark BLACK HORSE, finding it likely to cause confusion with the registered mark BLACK HORSE & Design shown immediately below. In re SKP and Associates, Inc., Serial No. 77040558 (February 5, 2010) [not precedential].The Board not surprisingly found the similarity of the marks to weigh in favor of likelihood of confusion. "Because the design of a black horse in registrant's mark is a pictorial representation of the wording in both marks, such design further reinforces the similarities between them."The key issue was the relatedness of the goods and services...continue to full post

Full post as published by The TTABlog on February 09, 2010 (boomark / email).