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Test Your TTAB Judge-Ability: Are "THE CLOSET GUY" and "THE CLOSET LADY" Confusingly Similar for Closet-Related Services?

In this appeal from a Section 2(d) refusal to register the mark THE CLOSET GUY in the design form shown below, for "installation of custom closets and storage systems" and "custom manufacture of closets and storage systems," the Board's decision turned on the similarity of the applied-for mark to the registered mark THE CLOSET LADY for "consulting and design services for others in the field of storage units and closets.? What would you decide and how would you reach that decision? In re The Closet Guy, Inc., Serial No. 77426306 (March 25, 2010) [not precedential].In its brief, Applicant discussed only one du Pont factor, namely, the dissimilarity of the marks. Not surprisingly, the Board found Applicant's services to be closely related to the goods and services of the cited registration...continue to full post

Full post as published by The TTABlog on March 30, 2010 (boomark / email).