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Finding Suits, Handbags, and Footwear Related, TTAB Affirms 2(d) Refusal of "VABEENE" Over "VABENE"

The complementary nature of the goods, coupled with third-party registration evidence, led the Board to affirm a Section 2(d) refusal to register the mark VABEENE for "leather and imitations of leather and goods made of these materials, namely handbags and evening bags; trunks and traveling bags, umbrellas, parasols and walking sticks" and for "clothing namely footwear." The Board found Applicant's mark likely to cause confusion with the registered mark VABENE for "suits." In re Müller, Durrer & Müller, Schuhateliers, Serial No. 79028161 (January 22, 2010) [not precedential].Applicant argued that the additional "E" in the applied-for mark "impacts the way the mark is pronounced." The Board pointed out, however, that because neither mark is a common English word, it must consider all possible pronunciations, including identical pronunciations...continue to full post

Full post as published by The TTABlog on February 10, 2010 (boomark / email).