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TTAB Reverses 2(d) Refusal, Finds "AQ" and "PARADISE MAKEUP AQ" Not Confusingly Similar for Cosmetics

Sometimes the Board's determination under Section 2(d) comes down to a single du Pont factor, regardless of the makeup of the Board panel and despite any cosmetic distinctions made by the losing party. Here the mark AQ was simply too different from the cited mark PARADISE MAKEUP AQ, both for cosmetic/makeup items, to support the Section 2(d) refusal. In re Kose Corporation, Serial No. 77519214 (April 26, 2010) [not precedential].The Examining Attorney argued that the marks are similar because they "contain the same wording" (AQ). She maintained that AQ should be given greater weight in the 2(d) analysis "because it is the common wording that both marks share [and t]he arbitrary letters 'AQ' and not descriptive or suggestive," and there is no evidence that AQ is weak or diluted...continue to full post

Full post as published by The TTABlog on May 12, 2010 (boomark / email).