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Real World Aside, TTAB Affirms 2(d) Refusal of "CARRERA" for Welding Helmets

In a decision noteworthy for its display of photoshopping talent, if nothing else, the Board affirmed a Section 2(d) refusal to register the mark CARRERA for "welding helmets," finding the mark likely to cause confusion with the identical mark, registered for "protective helmets." Applicant made the futile argument that the registrant sells only cycling helmets under its mark, but the Board pointed out for the millionth time that the determination of likelihood of confusion must be made in light of the goods identified in the cited registration, not on what the Registrant actually sells in the real world. In re A.C.E. International Company, Inc., Serial No. 77481947 (March 16, 2010) [not precedential].Of course, the fact that the marks are identical weighed "heavily" in favor of a finding of likely confusion...continue to full post

Full post as published by The TTABlog on April 16, 2010 (boomark / email).