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Finding Clothing and Fountain Pens Related, TTAB Sustains "Le TIGRE" 2(d) Opposition

The near identity of the marks and the strength of Opposer's mark let the Board to sustain a Section 2(d) opposition to registration of the mark LE TIGRE for "writing instruments namely fountain pens, ball point pens, felt and fiber tip pens" and "markers and small leather goods, namely, cases for diaries and daily planners; and brief case type portfolios." The Board found Applicant's mark likely to cause confusion with the registered mark LE TIGRE (Stylized) shown immediately below, for various clothing items. Kenneth Cole Productions (LIC) Inc. v. Andrew Craig, Opposition No. 91161781 (March 23, 2009) [not precedential].Not surprisingly, the Board found the marks to be visually similar, and identical in meaning and commercial impression. "Because of the near identity of the marks, this du Pont factor weighs heavily in favor of opposer and a finding of likelihood of confusion...continue to full post

Full post as published by The TTABlog on April 06, 2010 (boomark / email).